Dáil Éireann Debate, Wednesday - 8 December 2004
27 Mr. Sargent asked the Minister for Justice, Equality and Law Reform the details of the evidence to which he referred on a television programme (details supplied) regarding the effectiveness of mandatory minimum sentencing in reducing crime; and if he will make a statement on the matter. [32587/04]
View answerPart II of the Criminal Justice Act 1999, as amended, provides in section 4 for an offence related to the possession of drugs with a value of €13,000 or more for the purpose of sale or supply. Section 5 provides for a maximum penalty of life imprisonment as well as for a mandatory minimum sentence of ten years imprisonment.
According to section 5, a court should not apply the mandatory minimum sentence where it is satisfied there are exceptional and specific circumstances which would make it unjust in all the circumstances to impose the minimum sentence of ten years. Factors to which the court may have regard include whether the person pleaded guilty, taking account of the stage at which such an intention was indicated and the circumstances surrounding the indication, and whether the person materially assisted the investigation of the offence.
I am, of course, concerned that serious drug trafficking should be severely punished. In this respect, on the television programme to which the Deputy refers, I said that in recent times I had noticed a pattern of heavier sentencing for drug trafficking offences. Figures supplied by Garda authorities with regard to prosecutions under these provisions indicate an increase in the current year in the number of persons receiving a sentence of ten years or more. Figures relating to prosecutions since the provisions came into force on 26 May 1999 show that by 18 May this year, a total of 180 persons had been prosecuted, of whom 12 received a sentence of ten years or more. By 29 November of this year, the number of persons prosecuted had risen to 229, with 22 persons receiving a sentence of ten years or more.
Information from a study commissioned by my Department into the criteria applied by the courts in sentencing under these provisions suggests that the provisions have resulted in a significant number of drug traffickers pleading guilty to serious drug trafficking offences. There are also indications that the provisions are of benefit in combating drug trafficking in that offenders are encouraged in accordance with the terms of the provisions to materially assist the Garda authorities in the hope of receiving a sentence of less than the ten year mandatory minimum.
Nevertheless, I am examining whether improvements could be made to the provision in question to strengthen its effect. In this respect, I am considering bringing forward proposals by way of Committee Stage amendments to the Criminal Justice Bill 2004, which is before the Dáil at present.
28 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will report on actions taken by him to raise awareness during the 16 days of action against violence against women from 25 November to 10 December 2004; and if he will further report on his plans to combat violence against women during the lifetime of the Government, including targets, time frames and details of the funding he will make available for this work between now and 2007. [32408/04]
View answerMy Department provided funding to a number of organisations in regard to initiatives to highlight the 16 days of action against violence against women in various parts of the country. The initiatives funded included a conference on perpetrators of domestic violence and an exhibition of 365 international posters to raise awareness of the issue of violence against women.
My Department is one of five with responsibilities with regard to violence against women. The Department of Health and Children, through the health boards, has responsibility for the provision of care services to victims of violence, including domestic violence, rape and sexual assault. It also provides funding for non-governmental organisations such as Women's Aid, rape crisis centres, women's refuges and so on. The Department of the Environment, Heritage and Local Government assists in the provision of crisis accommodation, including refuge accommodation, for people who are forced to leave their homes as a result of domestic violence. The Department of Education and Science is responsible for educating pupils about this issue. The Department of Community, Rural and Gaeltacht Affairs funds community development programmes and grant aids local groups dealing with the issue.
My Department's responsibilities with regard to violence against women include legislative initiatives, the provision of any necessary responses from the civil and criminal systems, preventative measures that can be put in place, including intervention programmes for perpetrators of domestic violence, and awareness raising measures aimed at changing society's attitude to domestic violence. In addition, my Department co-ordinates the work of the national steering committee on violence against women, which is chaired by my colleague, the Minister of State, Deputy Fahey.
The Deputy is aware of the significant body of legislation that has been enacted by the Oireachtas with regard to all forms of violence against women and the importance which has been placed on the enactment of such legislation. The Deputy is also aware of the importance given to crimes against women by the Garda Síochána and the courts. Cases involving domestic violence receive priority treatment by the Legal Aid Board.
Over the last number of years, my Department has supported the establishment and development of a number of intervention programmes for perpetrators of domestic violence. These include MOVE Ireland, which operates 11 programmes nationally, the south east domestic violence intervention project, which operates four programmes in the south east, and the National Domestic Violence Intervention Agency, which is operating on a pilot basis in the Dún Laoghaire and Bray District Court areas.
In addition, my Department, on behalf of the national steering committee on violence against women, has conducted a number of awareness raising campaigns around the various aspects of violence against women in recent years. In conjunction with the committee, the Department is developing a national television and radio advertising campaign with regard to domestic violence, which will be conducted jointly with the relevant authorities in Northern Ireland in the new year.
