asked the Minister for Justice whether his attention has been drawn to a case which recently occurred in Monaghan where a man convicted of breaking into a premises and stealing goods was told by the justice that he had one month to leave the country, or, if not, six months' imprisonment; whether he is aware that there have been in recent times an increasing number of cases where the guilty man was given the alternative of leaving the country or going to prison; if he will state under what statutory authority it is open to a justice to give this type of sentence; and whether he considers it desirable that this practice should obtain.
Ceisteanna—Questions. Oral Answers. - Sentencing of Convicted Persons.
34.
My attention has been drawn to reports of the case in question. I have been informed by the court clerk and by the local Garda officer that there is no truth in the allegation that the defendant was told by the court that he had one month to leave the country or, if not, six months' imprisonment. The facts are that information was volunteered by the defendant to the court that he intended to return to England if given a chance and, subsequently, he was sentenced to six month's imprisonment, the sentence being suspended on condition that he would be of good behaviour for six months.
I am not aware that, as suggested, in the Question, there have been in recent times an increasing number of court cases in which defendants were given the alternative of leaving the country or going to prison.
I am not aware of any statutory authority for a judicial order of the kind in question.
Apart from this particular case, has the Minister or his Department ever been notified of similar behaviour by district justices over the past nine or ten years?
I object to the reference to "similar" in the Deputy's supplementary question. I indicated in my reply that the district justice did not on this occasion do what the question suggests he did.
I assume the Minister has read the press report? Will he not agree that the press report did give the impression, as suggested in my question, that such a sentence was passed by the district justice?
My information, which is completely reliable, having been prepared from the court clerk and the local Garda officer, is to the effect, as I have said, that what was reported to have been done by the justice was not in fact done.
I accept what the Minister says. Does he not think he should give publicity to some form of contradiction——
Presumably the question and answer will receive a certain amount of publicity.