Report on Mandatory Sentences - Law Reform Commission

Arguably, also, the enactment of the Criminal Justice Act 2006 had exposed a number of criminal justice
areas which would require further examination.
2.211 The passage of the 2007 Bill was not without controversy. Due to the fact that the Government
had imposed a guillotine on the Dáil debate, the Bill passed through the Dáil and the Seanad by 27 th April
2007. 499 This, it was argued, did not allow sufficient time for the Bill to be debated. 500 In particular, it was
observed that the Irish Human Rights Commission had not had time to examine the Bill, 501 as it was
empowered to do by law. 502
2.212 In addition, McIntyre notes that the final version of section 25 is a “somewhat watered down”
version of that originally proposed. 503 In its original form, section 25 did not permit of any exception to the
mandatory minimum sentence. It was felt, however, that this might lead to disproportionate sentencing.
As a result, section 25 was amended so as to permit the court to disregard the prescribed minimum
sentence where it would be disproportionate in all the circumstances of the case. 504 Furthermore, the
original version of section 25 became operable if a prison term of 12 months or more had been imposed
for a first offence. It was felt, however, that this was too low a threshold to trigger the minimum sentence.
As a result, section 25 was amended so as to raise the threshold to five years’ imprisonment for the first
offence. Finally, the original version of section 25 applied to a broader range of scheduled offences,
which included both burglary and robbery. It was observed, however, that the range of scheduled
offences went beyond what might be committed by persons engaged in “gangland activities.” 505 As a
result, section 25 and Schedule 2 were amended so as to remove burglary and robbery from the list of
scheduled offences. 506
2.213 These amendments were due in no small part to the fact that the Bill had been widely
criticised. 507 The Irish Human Rights Commission, for instance, was of the opinion that the “principles of
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O’Halloran “Criminal Justice Bill passed in Dáil” Irish Times 25 April 2007.
Collins “Legal Bodies urged to oppose Justice Bill Timing” Irish Times 12 March 2007; “Rushed Legislation”
Irish Times 13 March 2007; De Bréadún “Groups criticise ‘rushing through’ of Crime Bill” Irish Times 16 March
2007; O’Regan “McDowell rejects Calls for Time to Debate” Irish Times 30 March 2007; “McDowell’s rushed
Bill has more to do with Votes than Crime Fight” Irish Independent 31 March 2007; Donohoe “Unrest triggers
Justice Bill Rethink” Irish Times 31 March 2007; “More Debate needed” Irish Times 4 April 2007; Collins “More
Time for Justice Bill Debate” Irish Times 6 April 2007; and Walsh “Quinn claims Abuse of Power over Justice
Bill” Irish Times 27 April 2007.
“Rights Watchdog warns of ‘Danger of Injustice’” Irish Times 30 March 2007.
Human Rights Commission Act 2000.
McIntyre Irish Current Law Statutes Annotated 2007 at 29-26.
Dáil Debates, Criminal Justice Bill 2007, <strong>Report</strong> Stage and Final Stage, 24 April 2007, Vol 636, No 1, Col 122-
123, Mr McDowell TD, Minister for Justice.
Dáil Debates, Criminal Justice Bill 2007, <strong>Report</strong> Stage, 4 April 2007, Vol 635, No 2, Col 605, Mr O’Keeffe TD,
Spokesperson on Justice for Fine Gael.
Dáil Debates, Criminal Justice Bill 2007, <strong>Report</strong> Stage, 4 April 2007, Vol 635, No 2, Col 606, Mr McDowell TD,
Minister for Justice. The relevant offences are set out in Schedule 2 to the Act: murder; causing serious harm;
threats to kill or cause serious harm; false imprisonment; causing explosion likely to endanger life or damage
property; possession, etc., of explosive substances; making or possessing explosives in suspicious
circumstances; possession of firearm with intent to endanger life; possession of firearms while taking vehicle
without authority; use of firearms to assist or aid escape; possession of firearm or ammunition in suspicious
circumstances; carrying firearm with criminal intent; shortening barrel of shotgun or rifle; aggravated burglary;
drug trafficking offence within the meaning of section 3(1) of the Criminal Justice Act 1994; offence of
conspiracy; organised crime; commission of offence for criminal organisation; blackmail; extortion; and
demanding money with menaces.
Lally “Crime Package leaves Gangland untamed” Irish Times 14 February 2007; “Responding to Gangland
Crime” Irish Times 15 February 2007; McDonald “Hollow Ring to McDowell’s explosive Bill” Irish Independent
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