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Dáil

Ceisteanna—Questions. Oral Answers. - Prison Sentences.

Jim Mitchell Mr. Mitchell Fine Gael

asked the Minister for Justice the reasons he has been unable to reduce the three-and-a-half year prison sentences in three cases (details supplied) for robbery of £57; if he is aware of the widespread dissatisfaction within the Ballyfermot area caused by the sentences; and if he will make a statement on the matter.

Comment on this

It has never been the practice to give reasons for decisions to refuse any particular petitions.

Comment on this
Jim Mitchell Mr. Mitchell Fine Gael

Are not the facts that the accused were found guilty on appeal of stealing £57 during which action there was very slight bodily injury to one person——

Comment on this
Joseph Brennan An Ceann Comhairle Fianna Fáil

It is not in order to recount the particulars of individual cases.

Comment on this
Jim Mitchell Mr. Mitchell Fine Gael

There were no previous convictions in respect of these persons in the previous six or seven years.

Comment on this
Joseph Brennan An Ceann Comhairle Fianna Fáil

If the Chair permitted Deputies to raise those sort of questions every case dealt with in the courts might be queried at Question Time.

Comment on this
Jim Mitchell Mr. Mitchell Fine Gael

This is an exceptional case.

Comment on this
Joseph Brennan An Ceann Comhairle Fianna Fáil

There is not any exception.

Comment on this
Jim Mitchell Mr. Mitchell Fine Gael

With the permission of the Ceann Comhairle I propose to raise on the Adjournment the subject matter of Questions No. 14, 15 and 16.

Comment on this
Joseph Brennan An Ceann Comhairle Fianna Fáil

The Chair will communicate with the Deputy.

Comment on this

Is the Minister aware of the difficulty that exists in respect of people who may have a sense of grievance as a result of court decisions and in respect of whom presumably there is occasion for the grievance in some instances? In view of the independence of the Judiciary, with which we all agree, would the Minister give consideration to some system that would allow for the expression of grievances, such as in the case being put forward now, which apparently has led to a certain amount of disquiet? Would it be possible that individual cases of that type could be handled by the Department or by some authority on behalf of people who have no one else to speak for them? Apparently they are debarred from having their cases raised in this House.

Comment on this
Joseph Brennan An Ceann Comhairle Fianna Fáil

The Deputy might table a separate question in that regard.

Comment on this

If a Minister for Justice were to undertake to defend his refusal to interfere with a court decision, he would be called on to do so for all of the thousands of sentences imposed by the courts.

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I am thinking of cases in respect of which there is a strong sense of grievance.

Comment on this
Jim Mitchell Mr. Mitchell Fine Gael

Having seen the file of the case in question I am convinced that the three-and-a-half year sentence was totally unjustified.

Comment on this

The persons concerned were convicted by the Central Criminal Court and the sentences were affirmed by the Court of Criminal Appeal.

Comment on this
Jim Mitchell Mr. Mitchell Fine Gael

Is the Minister prepared to confirm the details I have given—that the amount stolen was £57, that there was very slight bodily injury caused and that the persons concerned did not have previous convictions?

Comment on this
Joseph Brennan An Ceann Comhairle Fianna Fáil

Would the Deputy please desist from citing individual cases?

Comment on this

I have told the Deputy that it has never been the practice to give reasons for decisions.

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Jim Mitchell Mr. Mitchell Fine Gael

Only a few months ago a murder charge was awarded with a sentence of one year. What sort of justice was that?

Comment on this
Joseph Brennan An Ceann Comhairle Fianna Fáil

We must move on to the next question.

Comment on this