Charles Flanagan (Laois-Offaly, Fine Gael)
Link to this: Individually | In context

Question 439: To ask the Minister for Justice, Equality and Law Reform the reason he did not review section 33 of the Criminal Justice Act 2007 after its first year; and the further reason he does not propose to establish a formal review mechanism immediately for an annual review. [15502/09]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

At the outset I would propose to set out the background to and the context for the introduction of Section 33 of the Criminal Justice Act 2007. In terms of the legislation introduced by the Government to tackle serious drug trafficking, Section 27 of the Misuse of Drugs Act 1977 (as amended by the Criminal Justice Acts 1999, 2006 and 2007), provides for mandatory minimum sentences of not less than 10 years imprisonment for individuals convicted of a first offence under sections 15A and/or 15B of that Act. The mandatory minimum sentence, or to give it its more accurate description, presumptive minimum sentence, is to be imposed in all cases save for those with very specific and exceptional mitigating factors.

Where an individual is convicted of a second or subsequent office under sections 15A and/or 15B a court must always impose a sentence of not less than the mandatory minimum sentence of 10 years. The maximum sentence available for section 15A and 15B offences is life imprisonment. Having regard to concern about the degree to which the presumptive minimum sentence was being imposed, notwithstanding the amendments introduced by the Criminal Justice Act 2006, section 33 of the Criminal Justice Act 2007 further amended section 27 of the 1977 Act in order to insert an interpretation clause.

The clause emphasises that a decision to depart from the presumptive minimum sentence must be based on the presence of exceptional and specific circumstances relating to the offence or the offender which would make it unjust in all the circumstances to impose such a sentence. Referring to the damaging effects of drug related crime on society the clause states that a court must, as a general principle, always impose the presumptive minimum sentence on persons convicted of an offence under sections 15A and 15B.

The Agreed Programme for Government includes a commitment to conduct a formal annual review of the effect of these provisions concerning the mandatory sentence regime for drug crime which were introduced by the Criminal Justice Act 2007. As the provisions in question which are contained in Section 33 of the Act have only been in operation since 18 May 2007, the issue of establishing a formal review mechanism needed to be addressed at an appropriate stage whereby conclusions as to the impact of both the provisions contained in the Criminal Justice Acts 2006 and 2007 which deal with this matter can be appropriately reached. I believe that the stage has now been reached when the matter can appropriately be reviewed and I have directed that arrangements be made accordingly.