Sentencing policy and judicial guidelines
Senators criticise a recent sentence while acknowledging judicial independence, and call for a broader debate and possibly an independent sentencing committee.
I welcome the Cathaoirleach, the Leader and all my colleagues on all sides of the House back to what I hope and am sure will be a very productive session. On behalf of the Fianna Fáil group, I pass on our deepest sympathy to Senator Clune and her family on the recent passing of her mother. We certainly agree with the Leader's sentiments.
I do not intend to go into the specifics of it, but, like all of my colleagues, I am absolutely disgusted by the judgment made yesterday in a brutal case of rape, incest and child abuse that took place over a prolonged period. I am no lawyer, but as a layperson and citizen, I cannot understand why a sentence of only 12 years would be given, why nine years of that sentence would be suspended on grounds of good behaviour and ill health and why the judge would then give this individual leave to appeal the sentence.
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He made his reasons very clear, but I raise the matter in the context of-----
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I certainly am, but I want to broaden the debate with regard to sentencing. While the judge made his reasons very clear, people in his position have a duty of care to citizens, including that lady who waived her anonymity to go to court and stand up to her abuser but received no protection from the justice system. Frankly, I am disgusted. I will move on from this.
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I will move on from that, but I express my disgust and that of my party at that sentence. I call for a debate on an independent sentencing committee. My colleague in the Dáil, Deputy Niall Collins, and Councillor Jim O'Callaghan have prepared a Bill that would establish an independent sentencing committee to which cases such as this could be referred. Guidelines have been set down in many areas and judges have guidelines for sentencing. In cases such as this, however, in which it is patently obvious that the sentence or judgment handed down was not correct or in which people are questioning a sentence, an independent sentencing commission could be established. Sentencing in general, rather than the specific case, should be discussed here with the Minister for Justice and Equality.
Where stands the Minister for Health's yellow pack nurses scheme? I was horrified to read his comments in The Sunday Business Post in which he stated that should 1,000 graduate nurses not take up places at salaries that are 20% lower than those of their counterparts, they could emigrate or, in his own words, prop up counters in fast food restaurants across the country.
That type of flippant, glib remark is completely out of place for the office he holds. I support the Irish Nurses and Midwives Organisation in its campaign to advise graduate nurses not to take up placements under this scheme where they will be paid 20% less for doing the same amount of work done by colleagues already in place. The merits or otherwise of the scheme must be debated in the Seanad, particularly given that the Minister for Health, Deputy Reilly, wants to expand it into other areas such as physiotherapy and occupational therapy.