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Dáil
‹ Leaders' Questions (Resumed)

Sentencing consistency and victims

Summary

Deputy McDonald argued there is growing public concern about inconsistency and leniency in sentencing and stressed the need to support victims. The Taoiseach agreed action is needed and pointed to the Judicial Council Bill and possible sentencing guidelines.

I am not presuming for a second to second-guess any member of the Judiciary. This case went through the courts. The accused was found guilty. The sentence was handed down and the matter was then appealed. That all happened. Furthermore, I am not referring to mandatory sentences. I have raised this issue many times and I am simply highlighting again the fact that there is now a deep disquiet in large sections of society in terms of consistency and leniency of sentences handed down. This woman was not second-guessing anything either. She lived through this horror, not just as a witness to it but as the victim of it. She has now set out her experience in the clearest of terms and it is not unique.

The Judicial Council Bill 2017 does not, as it currently stands, allow for sentencing guidelines.

However, my colleague Deputy Donnchadh Ó Laoghaire has moved amendments that would allow that to happen. I want a commitment from the Taoiseach that those amendments will be not just considered, but adopted. We have debated this with the Taoiseach many times and this is the only way in which we can build the kind of confidence and trust that the Judiciary deserves in respect of serious crime and the sentences handed down.

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Leo Varadkar The Taoiseach Fine Gael

I will talk about what we can do about this, because I think we are largely in agreement that we need to take action in this area to support victims and ensure the perpetrators receive sentences they should receive. We can work together as parties in two ways. First, there is the Judicial Council Bill 2017, which Deputy McDonald mentioned. It is before the Seanad currently. It proposes to establish a judicial council. Perhaps a judicial council would be the right body to draw up sentencing guidelines rather than Parliament. The Minister for Justice and Equality, Deputy Charles Flanagan, says that he would be happy to discuss that as part of the debate when that Bill enters this House, so I would encourage that this is done.

I also mentioned the Domestic Violence Bill 2017. This Bill specifically provides that where the victim of a sexual assault was in an intimate relationship with the offender, that will be treated as an aggravating factor for sentencing purposes. If this Bill passes, if somebody who has been subjected to a rape or sexual assault by someone who is known to them, by someone they have an intimate relationship with, that will be seen as an aggravated offence for sentencing purposes. As I say, that Bill has passed through the Seanad. It has passed through Committee Stage. I now appeal to Opposition parties to allow us to get that through Report Stage quickly. Let us have it enacted before the end of next month.

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