James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the Senators for their contributions. I will address a number of matters when dealing with amendments on Committee Stage. In particular, I would like to outline why treason is not included, particularly as that is an obvious issue. We are not including treason at this time. The purpose of the Criminal Justice (Amendment) Bill 2024 is to deal with infirmities identified by the High Court in a limited and targeted way, that is to disapply the mandatory life sentence for murder for those who have aged out. It is recognised that the principle of the High Court judgment could also apply to the offence of treason. However, it was not the subject of the case before court which was murder.

Importantly, disapplying the mandatory life sentence for treason is more complicated because it is a constitutional offence and, therefore, sentencing powers would not default to common law sentencing powers as is the case with murder. The Treason Act 1939 and other references to treason in the Statute Book need to be examined in detail and carefully considered from a legal perspective. This will be done in due course, when not the subject to the present time pressures. It is very much on the Department's radar. It will be looked at with an element of urgency and importance. However, considering the time pressures right here and now and the added complexity around treason, we are not in a position to address it at this time.