We use Google Analytics to see which pages are read and how the site is used, so we know what to improve. This only runs if you accept. See our privacy notice for details.

Dáil
‹ Leaders' Questions (Resumed)

Sentencing for sexual crimes

Summary

Deputy McDonald raised concerns about lenient sentences for serious sexual offences and failures in the handling of abuse reports. The Taoiseach defended judicial independence but accepted the principle behind proposed sentencing guideline amendments.

There are serious issues with the sentences handed down for sexual crimes perpetrated against women, children and men in the State. This evening, RTÉ's "Prime Time" will air a programme which underscores this truth. The programme centres on the rape of three young girls at a foster home in County Galway between 2003 and 2007. The girls were all under the age of ten when they were subjected to the vilest assaults at the hands of Keith Burke, who lived in their foster home. There are serious questions as to how the HSE handled the initial reports of abuse and how children were left to live with Mr. Burke after these reports were made. I have no doubt but that more details of the handling by the State and the HSE of these cases will emerge.

What we know is the gravity of the crimes committed by Keith Burke against these young girls. We also know the leniency of the punishment handed down by the courts. From an initial 70 charges reduced to 39 sample counts, Mr. Burke was found guilty on 23 counts. At a sentencing hearing two weeks ago for the rape and brutalisation of these children, he received seven and a half years' imprisonment with one year suspended. Nobody with an ounce of common sense or compassion would argue that this sentence was in any way proportionate or that it represented justice. We could try but I doubt we could imagine the burning anger and heartbreak of Keith Burke's victims at this sentence.

The leniency of sentences for sexual crimes fundamentally undermines public confidence in the administration of justice. This is a most serious matter. How we address this deficiency in our criminal justice system is a big challenge for us, as legislators. I have asked the Taoiseach on several occasions to consider the introduction of sentencing guidelines which would be drafted by a sentencing committee. Making such a proposal does not encroach on the separation of powers or the autonomy of the Bench. It would ensure, however, that prison sentences are proportionate to the crimes committed.

Our justice spokesperson, Deputy Ó Laoghaire, has tabled amendments to the judicial appointments Bill in line with these proposals. We wish to be constructive on this matter. We want to work with the Government to resolve these issues. The Government must take into account how badly these young women, and many others, have been failed by our justice system. I am of the view that our amendments are critical to achieving the best possible outcome in the interests of the public at large and, in particular, for the victims of rape and sexual abuse. Will the Taoiseach give a commitment that the Government will support our amendments?

Comment on this
Leo Varadkar The Taoiseach Fine Gael

Like everyone in this House, I abhor crimes of this nature. Sexual crimes are among the worst that can be perpetrated against anyone. Crimes against children are also among the worst that can be committed.

On sentencing, it is important to acknowledge that there is a separation of powers between the Dáil, the Government and the Judiciary. Ultimately, it is judges and juries who hear cases, who sit for days hearing all the evidence and the arguments and who make decisions based on that. We need to be careful not to do anything to second-guess decisions by judges in this regard. However, the Government believes it is appropriate we should move towards sentencing guidelines. The best way to do that is through the Judicial Council Bill, which is making its way through the Houses. The purpose of this legislation, as part of our reforms, is to establish a judicial council which can be a body that engages in training and upskilling judges and dealing with other matters relating to them. It can also be the body which forms and issues sentencing guidelines. The Government and the Minister for Justice and Equality, Deputy Flanagan, will be happy to work with other parties on that.

I do not believe the right vehicle for sentencing guidelines is the Judicial Appointments Commission Bill, which deals with judicial appointments. The right way to deal with this issue is by establishing a judicial council and giving it the function of drawing up sentencing guidelines rather than having this done by politicians.

Comment on this

In no way am I seeking to second-guess anybody. I have stated clearly the necessity of the separation of powers and the autonomy of the Bench. Neither do I believe, however, that we should second-guess the testimony of people who have come through the judicial system and the consistent message that they feel let down and that they have been failed. One of the victims in the case I set out to the Taoiseach said, "I was very angry. I thought I was fine but six-and-a-half years, seven-and-a-half years with one suspended, that is nothing [for] what he put us through." That is a brave and truthful testimony from this woman. We have entered an amendment to the Judicial Council Bill. I must correct myself because I misspoke earlier. I meant to refer to the Judicial Council Bill. The legislation, as currently drafted, allows for the circulation of information. We need more than that; we need a capacity to formulate sentencing guidelines. We do not need mandatory sentencing but, rather, guidelines which will give parameters to the Judiciary. Crucially, such guidelines will also address a real crisis in public confidence in terms of how the State, the system and the Judiciary regard these crimes and punish, or fail to sufficiently punish, them. Will the Taoiseach support our amendments?

Comment on this
Leo Varadkar The Taoiseach Fine Gael

I understand that the sentences handed down in this case were concurrent sentences of seven and a half years and six and a half years, with 12 months suspended. That was on foot of several grave and egregious offences committed against these women.

The Government's view on sentencing is that the best way is not through mandatory sentencing, and we are agreed on that, but through sentencing guidelines. As a Government, we want to empower the new judicial council, once established, to be the body that will set those guidelines and in that way we can have much greater consistency across court decisions. People want perpetrators of violent crimes, whether sexual offences, murder or other violent crimes, to face the full rigours of the law and receive stiff sentences so that they are put away for the safety of others. They also want to see consistency in sentencing across court rooms. Our view is the best place to do that is through the Judicial Council Bill and we would welcome support from other parties.

Comment on this

Is the Taoiseach accepting our amendments then?

Comment on this
Leo Varadkar The Taoiseach Fine Gael

I certainly accept the principle. I have not seen the detail.

Comment on this