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Dáil
‹ Ceisteanna ar Pholasaí nó ar Reachtaíocht - Questions on Policy or Legislation

Sentencing and nationality in sexual assault case

Summary

Deputy O'Flynn raised concern that a convicted sexual offender's sentence was reduced because he was a foreign national, arguing victims should not be secondary to nationality. The chair ruled the matter sub judice and not one the Tánaiste could answer, while repeated interruptions and accusations from Deputies Coppinger and O'Flynn followed before the exchange was brought to order.

A deeply disturbing case emerged before the courts of a vulnerable woman with an intellectual disability who was sexually assaulted in a swimming pool steam room. The man responsible has been convicted and yet the sentence imposed was reduced after the court considered difficulties for a foreign national serving a sentence in this jurisdiction. Let us be clear what this means; a woman who lives with the consequences of oral rape-----

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John McGuinness An Leas-Cheann Comhairle Fianna Fáil

Is this a legal case?

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It is finished. It has gone through the courts.

Let us be clear what this means; a woman who lives with consequences of rape for the rest of her life saw the punishment of her attacker reduced because he is not from this country. Justice must be blind to nationality. The only people who deserve special consideration are the victims of these attacks. Does the Government believe it is acceptable that the nationality of an offender is taken into account and should result in a reduced sentence considering that particular type of offence and the seriousness of sexual crime? Will the Government now examine the sentencing framework to ensure that such consideration can still give justice to the victims of Ireland? Victims must come first.

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You never care when it is an Irish man of course. Never once have you raised a case like that. Ever.

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I did not know you were made Tánaiste.

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You only care if the perpetrator is a foreigner, you do not care otherwise. You do not care about women, stop pretending.

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John McGuinness An Leas-Cheann Comhairle Fianna Fáil

I call Deputy O’Meara.

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Using gender-based violence to be racist should be called out.

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Is the lady speaking for the Tánaiste?

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John McGuinness An Leas-Cheann Comhairle Fianna Fáil

No. Sit down. The Deputy is out of order and Deputy Coppinger is out of order.

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You are making a point on somebody else’s time. That is what you are doing.

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John McGuinness An Leas-Cheann Comhairle Fianna Fáil

I call Deputy O’Meara.

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I will not stop calling you out.

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Would the Tánaiste like to reply?

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John McGuinness An Leas-Cheann Comhairle Fianna Fáil

The Tánaiste cannot reply to matters that were being dealt with legally, or those matters. We should all know that.

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It is about the policy.

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John McGuinness An Leas-Cheann Comhairle Fianna Fáil

No, it is not about policy.

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Simon Harris The Tánaiste Fine Gael

The rules do not allow me to reply. The Deputy knows that.

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I am only asking for justice for a victim. It is very disappointing.

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