Parliamentary Question: Mandatory Minimum Sentences

8th 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]

Minister for Justice, Equality and Law Reform (Mr. McDowell):  Part 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.