Bill to create criminal database 'premature'

The Government has rejected as "premature" a Fine Gael private member's Bill to create a national database of criminal sentences to provide a "one-stop shop for information on criminal sentences in the Four Courts and online" and introduce greater transparency to the sentencing process within the criminal justice system.

The party's justice spokesman, Jim O'Keeffe, said the Courts (Register of Sentences) Bill would provide "information on all offences at the touch of a button, including serious sexual offences like those in the Mr 'A' case".

He told the Dáil that "this would prevent a repeat of last week's disturbing situation where the Taoiseach did not know how many sexual offenders would be released on foot of the Supreme Court ruling on unlawful carnal knowledge".

Such information should have been available at the touch of a button. Nobody seemed to know what the position was as regards sentencing, he said.

"We have a Taoiseach here who was telling us no one would walk free. He hadn't a clue," he said.

"We are facing a legally anomalous situation where one serious sexual offender has been released into society and where another six could still be released, free to reoffend. It is essential that we have a central record of sentences and that such information is easily accessible by the Government and the general public," said Mr O'Keeffe.

But Minister of State for Children Brian Lenihan rejected the Bill as premature, pending the outcome of work undertaken by a working group established by the Courts Service. The Minister for Justice was not convinced that a register was the way forward, he said, and he pointed out that a decision in the 'A' case was subject to appeal.

Mr Lenihan said that while he agreed there was a need for more data on sentencing, the compilation of a register on the basis proposed in the Bill would present significant problems. The information required under the Bill "would be extremely difficult for the Courts Service to collect and maintain. It would be a huge undertaking for the Courts Service to collect this level of detail and a vast drain on staff resources."

The Minister said he doubted that anyone "would like to see a system of criminal justice where all sentencing is determined by pre-ordained mandatory tariffs or where sentences are influences by the hue and cry of the media frenzy".

Considerable attention had been given over the years to consistency in sentencing.

"There is in fact a great deal of consistency in sentencing, and discussion which arises concerning inconsistency relate to a relatively small proportion of cases and often inaccurately. Nonetheless, inconsistency does arise from time to time and it is a problem which faces every legal system," Mr Lenihan added.

Labour's justice spokesman Brendan Howlin said that while the decision was being appealed, "it beggars belief that there was not amending legislation in place in the event that the Supreme Court decided as it had".

Mr Howlin said it showed the need for criminal justice legislation to be handled with care, but he warned that the Criminal Justice Bill currently going through committee stage "is not handled with care".