THE Minister for Justice has said minimum mandatory sentencing was opposed by successive ministers because it was felt it would undermine the independence of the courts.
Speaking at the Select Committee for Legislation and Security yesterday, Mrs Owen said that one person might deserve a five-year sentence but another might deserve only a two-year sentence. She was replying to an amendment to the Criminal Justice (Drug Trafficking) Bill 1996 proposed by Mr John O'Donoghue (FE), calling for a minimum sentence of 10 years to be introduced for a person in possession of a controlled drug, for the purpose of sale or supply, which was worth over £10,000.
Mrs Owen said she agreed with, Mr Tony Gregory (Independent) there was a risk that with a minimum 10-year sentence, someone with £11,000 worth of cannabis might get 10-years while someone with £1,000 worth of heroin or cocaine, which were more damaging to people's lives, would not.
Mr Liam Fitzgerald (FF) supported the amendment, which proposed the creation of a new offence. He said it was important the legislature send a signal to drug dealers they would not get away with what they had been getting away with in the past.
He said given the inconsistency of sentencing and public lack of confidence, there was a feeling that the judiciary, was not addressing the problem seriously enough. It was time the legislature sent a signal it was reflecting the public mood.
The committee chairman, Mr Charles Flanagan (FG), said the amendment would be tantamount to handcuffing the judiciary. Mr O'Donoghue said his amendment would mean drug traffickers would receive a fitting punishment.