Report on Mandatory Sentences - Law Reform Commission

and suppliers. 300 It was proposed that the law should reflect a minimum sentence of 10 years for an
offence by an importer or pusher. 301 However, an amended version of the motion proposed by the
Minister for Justice, which excluded this provision, was adopted.
2.133 In 1996, the Oireachtas enacted the Criminal Justice (Drug Trafficking) Act 1996 which sought to
respond to the issue of drug trafficking by increasing Garda powers. During the Oireachtas debates, the
Opposition proposed that the Bill be amended to provide for a minimum sentence of 10 years for drug
dealers convicted of possessing, for sale or supply, drugs with a street value of £10,000 or more. 302 It
was asserted that this would address a perceived problem of the courts imposing sentences that were
more lenient than intended by the Oireachtas under the Misuse of Drugs Act 1977. 303 It was observed
that in 1993, out of 71 convictions, three of the sentences were for less than three months; 20 of the
sentences were between six and 12 months; 29 of the sentences were between one and two years; four
of the sentences were between three and five years; three of the sentences were between five and 10
years; and only one sentence was for more than 10 years. 304 The proposed amendment was
nevertheless defeated.
2.134 In June 1996, Veronica Guerin, an investigative journalist who had written extensively about the
criminal figures involved in the drug trade, was assassinated. 305 It was believed that one of the people
being investigated by Ms Guerin was responsible. In the period that followed the murder, the
Government came under increased pressure to tackle the drugs problem. 306 While not everyone was
agreed as to the appropriate course of action, 307 the Oireachtas responded by enacting the Proceeds of
Crime Act 1996, following which the Criminal Assets Bureau was established on a statutory basis. 308
300
301
302
303
304
305
306
307
308
Dáil Debates, Private Members’ Business: Drug Abuse Motion, 16 May 1995, Vol 452, No 8, Ms Liz O’Donnell
TD, Progressive Democrats Spokesperson for Justice.
Dáil Debates, Private Members’ Business: Drug Abuse Motion, 17 May 1995, Vol 453, No 1, Mr Des O’Malley
TD.
Select Committee on Legislation and Security Debate, Criminal Justice (Drug Trafficking) Bill 1996, Committee
Stage, 18 June 1996, Mr John O’Donoghue TD, Fianna Fáil Spokesperson for Justice.
Select Committee on Legislation and Security Debate, Criminal Justice (Drug Trafficking) Bill 1996, Committee
Stage, 18 June 1996.
Ibid.
Dáil Debates, Killing of Dublin Journalist: Statements, 26 June 1996, Vol 467, No 5; and Kennedy “Stunned
Political Leaders see Killing as Attack on Democracy” Irish Times 27 June 1996.
Burke “Rabbitte Revisited: The First <strong>Report</strong> of the Ministerial Task Force on Measures to Reduce Demand for
Drugs - Ten Years On” (2007) 55 Administration 125 at 130; and “Crime Bosses had to run for Cover after
Murder of Journalist” Irish Times 16 March 2001.
Browne “Litany of Repressive Measures emanating from the Airwaves is not an appropriate Response” Irish
Times 28 June 1996; Walsh “States of Emergency are not the Answer” Irish Times 29 June 1996; “Warnings
against extreme Reaction to Murder” Irish Times 2 July 1996; “The Case for a Commission” Irish Times 2 July
1996; “The Response to Organised Crime” Irish Times 3 July 1996; Cusack “Garda unconvinced by Crime
Measures” Irish Times 4 July 1996; Holland “Lessons of the Past show Hard Cases make Bad Law” Irish
Times 4 July 1996; and “The Debate on Crime” Irish Times 6 July 1996.
Tynan, Cusack and Maher “Government prepares Crime Package in Wake of Murder” Irish Times 28 June
1996; Tynan and Maher “Owen to accept FF Bill on freezing Assets of Dealers” Irish Times 1 July 1996;
Tynan “Coalition to present Anti-Crime Package later Today” Irish Times 2 July 1996; Kenny “Innocent have
Nothing to fear from Justice System Reforms” Irish Times 3 July 1996; Tynan “Dáil to debate Six Law
Measures” Irish Times 23 July 1996; and Kennedy “Cabinet bid to pass Four Bills on Organised Crime Today”
Irish Times 25 July 1996.
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