Judges sidestepping Bill - Deasy

The Oireachtas should confront judges on the issue of sentencing, Fine Gael's former justice spokesman, John Deasy, suggested during the resumed debate on amendments to the Criminal Justice Bill.

"If the Government is serious about taking on drug offenders, we should start to seriously consider taking on the judiciary when it comes to constitutional issues that arise between the legislature and the judiciary," he said.

"This Bill does not do that. It allows the judiciary to sidestep everything in this Bill."

Mr Deasy claimed that Minister for Justice Michael McDowell was "genuinely embarrassed because he knows the amendments to this Bill do not provide for mandatory minimum sentences".

It had been proven, said Mr Deasy, that the manner in which legislation was written had allowed judges to disregard what Government deputies would describe as "mandatory minimum sentences". They knew that the sentences in question were not mandatory.

"The supposedly mandatory 10-year sentence has been handed down in just three per cent or four per cent of the cases which have been brought before the courts since 1999. I do not know how one can refer to it as a mandatory minimum sentence in such circumstances."

Mr Deasy said the Government was constantly regaling people with press conferences on the drug seizures.

"We all know there have never been more drugs in the country. Members will not contradict me when I say that in small villages in counties such as Clare one can find drugs that were not available five or 10 years ago."

Mr Deasy said the Minister was telling the Dáil he was introducing a minimum mandatory sentence for the possession of firearms.