asked the Minister for Justice if, in view of a recent case (details supplied), he has any proposals for the introduction of legislation to provide for a mandatory prison sentence in all cases of conviction for rape.
Ceisteanna—Questions. Oral Answers. - Mandatory Prison Sentence.
16.
The charges preferred in the case referred to by the Deputy did not include rape or attempted rape. To answer the question, the position is that generally mandatory minimum penalties are not prescribed and, indeed, I do not consider that it would be beneficial to do so. I have no reason to think there would be any advantage to be gained in providing a mandatory minimum penalty in relation to the offence of rape.
Does the Minister accept that there is great disquiet in Kildare and in the entire country at the extreme clemency being shown by the courts to people who are convicted of rape? Does he not feel there is a need for a direction to those people whose duty it is to make the punishment fit the crime? Would he further agree that in this case justice was seen to be undone and the decision is likely to bring the structures of justice into disrepute? Does he not feel he has a duty to take action in cases like this to restore the confidence of the public in the framework of justice?
The Deputy will understand it would be improper for me to comment on any particular case. It would be equally improper for me to do what the Deputy suggests, that is, give a direction to the courts. The courts are independent constitutionally and in fact that is the way they must remain.
Am I to understand that in his reply the Minister said the person concerned was not convicted of rape or attempted rape?
Yes. That is technically correct.
Would the Minister not agree that on the first occasion when sentence was passed he was convicted of attempted rape?
No.
The papers reported the crime somewhat differently.
I am referring to the offence in strictly technical terms. The Deputy is, perhaps, referring to it in more colloquial terms. The essence of what was attempted might be described as described by the Deputy, but I understand the charges were attempted unlawful carnal knowledge and indecent assault.
The Minister will appreciate that ordinary people do not differentiate between these matters. Is the Minister aware that the public are concerned about how this aspect of justice is being administered now, and that no technicalities will brush aside their objections to the way in which justice is being meted out?
Order.
I can assure the Ceann Comhairle the people involved would like an answer to these questions.
It is not proper for me to comment or to give a direction to the courts.