Suspended sentences legislation
Brendan Howlin asks when legislation will address the High Court ruling affecting suspended sentences. The Tánaiste says the Bill is nearing completion and will be introduced in autumn, while another statutory provision is currently being used in court.
Extraordinarily, yesterday marked six months since the House last enacted a Bill. I cannot think of any other occasion in our history when there was such a hiatus in enacting legislation.
I wish to ask the Tánaiste about legislation within her own purview. In April, the High Court declared the part of the law that allowed courts to reactivate suspended sentences unconstitutional. Every day, courts across the country find people getting off suspended sentences that, before now, would have been activated. Lawyers are bringing cases on a daily basis.
Is the Tánaiste aware of the number of people who have benefited from this decision to date? More importantly, when will we see a solution, be it through appeal of the process or amending legislation?
Comment on this
There have been some cases, but very few. Only in a tiny proportion has anyone got the benefit of the judgment, as another part of the legislation is being used successfully in court to defend cases. We have been examining the legislation. It is close to finalisation and will be introduced in the autumn. In the meantime, an appropriate element of legislation is being used to avoid the situation that the Deputy describes.