Sentencing and judicial independence
Senators demand debate on rape convictions and sentencing while others defend judicial independence and caution against reacting to sensational coverage; the Chair repeatedly rules individual cases out of order.
I welcome everybody back for the new year.
I would like the Leader to invite the Minister for Justice and Equality to the House. He has many portfolios but we need his wisdom on what happened yesterday in respect of his justice portfolio. I refer to what justice, when tested, means for victims, including women and children. Why is the conviction rate for rape and child abuse in Ireland as low as 5%? This is not acceptable. On 3 March 2012, with others, I raised in the House the issue of the fairness and proportionality of sentences, referring again to the issue of rape. Let us do the woman associated with yesterday's case the honour of having a debate on this issue.
Senator Darragh O'Brien said something that may be deserving of merit, namely, that there may be a need for some type of independent committee on sentencing. We cannot let women or children be treated this way. We have just held a referendum on children in which the nation said every child matters. I do not believe there has been justice. I am not commenting on the case in question. Let us change the circumstances that obtain; that is our job.
Comment on this
I strongly support calls for a debate on sentencing. It would be very interesting to consider the possibility of an independent sentencing committee, but my colleagues should be very careful before being driven by sensational tabloid newspaper headlines.
It is very unfair to the Judiciary and victims. The young woman in this case showed extraordinary courage in the most appalling circumstances and one's sympathy and admiration must be extended to her.
With regard to these kinds of judgments - I will place it in a general context - one must bear in mind that some members of the Judiciary bear a disproportionate burden. The justice concerned hears 70% of all rape and murder cases heard in the State. There is a difficult relationship between the judge and the Office of the Director of Public Prosecutions and the Court of Criminal Appeal.
Comment on this
-----that what has happened repeatedly is that sentences have been found to be too severe and returned on appeal when they have either been reduced or quashed. That is what we are dealing with. To blame the judge is utterly wrong and it is not a function of this House.
Comment on this
I say this as someone who has consistently spoken out on issues of child abuse and incest and all the rest of it. However, we do not do a service if we do not face the facts and if we let ourselves be driven by tabloid headlines. That is why the Judiciary deserves respect and, at the very least, to have its judgments examined and looked at dispassionately, not simply taken up from a headline.
I compliment the Irish Independent journalist Dearbhail McDonald. The reason I am speaking out passionately is that I heard her speak with great clarity on this issue this morning. She did us all a favour by highlighting the important, significant elements of the judgment; otherwise I might have felt the same way as my colleagues.