James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the Senators for their contributions. The Senators will be aware that the Bill is limited in scope and is designed to rectify the constitutional infirmities identified by the Supreme Court with regard to repealing second or subsequent mandatory sentences, mainly in the area of firearms and the misuse of drugs. As I noted in my introductory remarks, the Supreme Court ruling does not affect the provisions in statute that provide for presumptive minimum sentences where there is judicial discretion, and that issue is not addressed by the Bill.

I note the following revisions to the criminal law amendments provided in this Bill. First, in all of the laws that are being amended in this Bill there will still be very serious penalties in each law being amended for offences relating to drugs, firearms and other offences. Second, the Bill will reduce legal uncertainty and litigation risks arising from the Supreme Court judgment in the 2019 Ellis case. I note that the principles set down by the Supreme Court were adhered to in a further ruling this year on a section of the Misuse of Drugs Act 1977. Third, while legislation providing for mandatory minimum sentences in second or subsequent offences is now deemed unconstitutional, the Supreme Court has acknowledged that previous offences are always taken into account by the Judiciary when it comes to sentencing, it is just that they must be considered as part of the overall judicial discretion within sentencing. Fourth, the court has not struck down the concept of mandatory minimum sentencing that applies to all persons under the law, it has just struck it down as it applies to a subset of persons, in this case those who have committed second or subsequent offences. The court has also not struck down the concept of presumptive minimum sentences, which set up a legal presumption that a particular sentence will apply, by also allowing judicial discretion for certain exceptional circumstances where presumptions may not apply.

I thank the Senators for their contributions. Senator Gallagher spoke to the importance of this Bill and the need for it to move in a brisk manner.

Senator Ward made a number of positive comments, including the importance of streamlining the law and bringing it in line with the Constitution. I agree with his point about trusting the Judiciary. We have an experienced Judiciary. Reference was also made to identifying the archaic legislation that is still out there and seeking to have that removed by the Oireachtas.

Senator Martin correctly pointed out that we need a robust and independent Judiciary which is probably properly resourced. A review is under way in respect of the needs of the Judiciary in the future, including the numbers of judges and the various supports required. I listened also to Senator Martin's comments on the scourge of recidivism. He made the point that a lot of recidivism is people ending up back in prison in circumstances where there is lack of support or where they come from areas of poverty, which often fuels a great deal of crime. We need to tackle those causes by getting in there and supporting communities where crime has taken hold within communities. These are certain aspects of what we are trying to do within the youth justice strategy, with a number of programmes under that.

Senator Ó Donnghaile said the priority must be to keep our communities safe. I very much agree with him on that point.

Senator Ruane made some extremely important points, especially about rehabilitation and reintegration, and that sentencing should not simply be about punishment because, ultimately, the latter achieves very little. I do not have an update on the review on sentencing, but I will certainly get one for the Senator. I will seek to have a look at the situation regarding temporary release for those convicted of firearms offences.