asked the Minister for Justice if he will consider the introduction of mandatory minimum sentences for persons convicted of any crimes and having firearms in their possession.
21.
Ceisteanna—Questions Oral Answers. - Mandatory Minimum Sentences.
2.
asked the Minister for Justice whether he has any plans to increase the penalties to deal with crime of a violent and armed nature, and if he is aware of the increased concern, in Dublin city particularly, in this respect.
I propose to take Questions Nos. 2 and 21 together.
I do not regard it as appropriate that announcements in regard to legislative proposals of any kind that I might have in mind should be made in response to Parliamentary Questions. Any such proposals will be made in the normal way.
It has not come to my notice that there is at present any widespread public concern at the levels of penalties imposed by the courts on persons convicted of offences involving the use of firearms.
Having regard to the possible serious consequences arising out of offences being committed by people who carry firearms — including the likelihood of serious injury or loss of life — will the Minister agree to establish a special minimum sentence to be imposed on people who carry firearms? Those people are not carrying firearms for show. Will the Minister consider having a minimum sentence for such offences in an effort to discourage people from carrying firearms? In recent times serious crimes were committed by people carrying firearms and loss of life has resulted.
I should like to remind the House — Deputy Cosgrave will not have overlooked this — that the Criminal Justice Act substantially increased the penalties for offences relating to firearms. For example, for armed robbery the maximum penalty is life imprisonment; for armed aggravated burglary the maximum penalty is life imprisonment; for the use of firearms to resist arrest or aid escape the maximum penalty is life imprisonment; for the hijacking of a car when armed the maximum penalty is 14 years in prison; for the possession of firearms in suspicious circumstances the maximum penalty is ten years; for carrying firearms with criminal intent the maximum penalty is 14 years imprisonment. On the matter of mandatory sentences there is a question underlying that which goes further than the question of offences concerning the use of firearms. The House will be aware that there are certain views among the Judiciary in relation to the application of minimum sentences. Since it would apply in a number of areas other than firearms it is a debate that should not be conducted solely on the basis of offences related to firearms.
Has the Minister any information as to the average length of sentences the courts have been applying for firearms offences?
No, but if Deputy Taylor wishes to put that question to me, either in the House or privately, I shall be very happy to see that information will be given. I would not like to raise his expectations too far in terms of an average sentence, but since the number of offences and convictions is relatively limited compared with some other categories of offence, we should be able to get the information for him within a reasonable time.
Could the Minister tell us the number of offences in 1985 involving firearms and whether those firearms were unlicensed? Is there not a special problem in relation to the area of unlicensed firearms? I notice that the Minister has said that there is no widespread alarm, but in parts of the country and parts of Dublin there is considerable alarm about the availability of unlicensed firearms.
On the specific question raised by Deputy Woods, the number of offences in 1985 involving firearms, I do not have the figures for the whole year yet, but would refer the Deputy to an answer which I gave to a question some weeks ago in the House which dealt with the matter.
I know the figure for 1984, which is 229.
This is a separate question.
Not really, a Cheann Comhairle.
It is. You asked about minimum penalties.
That is what I am coming to. Is it not the supply of unlicensed firearms that is the key problem at the moment? In each of the 229 cases in 1984 in which firearms were involved, these were all unlicensed. Would the Minister look at that aspect as a follow-up to my question? Something would need to be done with regard to these unlicensed firearms.
If the Deputy is talking about penalties, let me remind him that the maximum penalty for possession of firearms in suspicious circumstances is ten years' imprisonment. I do not think the Deputy is suggesting that there should be a smaller penalty in the event of an offence involving a licensed firearm. However, I accept the point that there is a difficulty in relation to the supply of firearms for the criminal fraternity. This is a matter to which the Garda have been devoting a considerable amount of attention in recent months.
It is a serious and alarming situation.