Sentencing and criminal justice
Senator Sheahan requests an all-day debate on sentencing, free legal aid, prison security and prison strategy, arguing that delays and some court outcomes undermine deterrence; the Chair prevents discussion of identifiable individuals and judicial decisions.
Before I begin, I wish to confirm to the House that I understand the separation of powers between the Judiciary and the State. I call on the Leader to arrange an all-day debate on several matters. The first of those matters is sentencing. Some of the sentences handed down by members of the Judiciary are an absolute joke. The second matter to be discussed during the all-day debate I am requesting would be free legal aid. In recent times, a 19 year old with 46 previous convictions was again afforded free legal aid. Where is the disincentive to prevent that individual from committing further crimes? As stated on previous occasions, I firmly believe that anybody can fall, inadvertently or otherwise, on the wrong side of the law. In that context, it should be a case that after three strikes people should no longer qualify for free legal aid. Recently, two gardaí were ambushed by five men and one of them had his eye socket broken as a result of a blow from an iron bar. The five men involved were arrested the following day and brought to court where they were granted bail. That is wrong. These perpetrators were-----
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The Senator should not comment on individuals. The people involved can be readily identified.
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The case in question is in the public domain in any event.
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That does not matter. Those involved are not here to defend themselves. The Senator should not comment on individual decisions handed down by judges either.
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A couple from the part of the country in which I live travelled to Australia recently in order to visit their daughter. Both were very badly injured when they were involved in a car accident that involved one fatality. The person who caused the accident was incarcerated within seven weeks. If the accident had occurred in this country, it would not be dealt with by the courts in under two years. Issues such as the security of prison officers and our prison strategy could also form part of the all-day debate I am requesting. There is a need for a serious debate on all the matters to which I refer and I am of the view that this is the House in which it should be held.