Sex offenders released from jail are to be electronically tagged under a new pilot project to assess the effectiveness of the technology, the Minister for Justice Dermot Ahern has said.
While he could not discuss the appropriateness of sentences in recent high profile cases Mr Ahern said he was concerned at the prospect of sex offenders being released from prison and reoffending.
He said this concern might be addressed by tagging released sex offenders.
“I’ve asked my Department to push the issue of electronic tagging. We will be putting out, in effect, a tender for a pilot project in the not too distant future.”
Mr Ahern was speaking in the wake of two high profile cases in the courts in the past week.
On Monday Mr Justice Carney imposed a 13.5-year sentence for rape on a serial rapist. He said he could not impose a life term because when he had done so previously the Court of Criminal Appeal had reduced the sentence.
In another case, on Wednesday, the Court of Criminal Appeal reduced a life term for a convicted rapist to 12.5 years. The original sentence had been imposed by Mr Justice Carney.
Speaking at a Garda graduation ceremony at the Garda College, Templemore, Co Tipperary, Mr Ahern said the judiciary’s independence, including on sentencing, was enshrined under the constitution.
Asked about the possibility of introducing mandatory sentencing for a greater number of offences, Mr Ahern said when sentencing provisions had been changed in the recent past judges had erred on the side of caution.
“(That is) mainly because not every case is exactly the same; there are extenuating circumstances that they have to have the discretion to take into account.”
He said a report published by Government this week - The Management of Sex Offenders: A Discussion Document - had sought to examine the issue of treating sex offenders. It was arising from this report that tagging was to be piloted.
A new regime of treatment had also been introduced to prisons to encourage more sex offenders to rehabilitate.
He saw not merit in refusing remission - time off for good behaviour - for sex offenders. If remission was abolished the judiciary would simply adjust their sentencing lower meaning an offender would spend the same number of years in jail.
Commenting on sentencing in general, he said he was in favour of life prisoners spending very lengthy periods in jail. A decade ago the average life term was between seven and eight years but it was now 15 years.
“As long as I am Minister it will be going upwards,” he said. However, there were cases where even inmates who had committed a very violent crime were not at risk of reoffending.
Away from sentencing, Mr Ahern said his officials were closely monitoring the case of Sligo-based Nigerian woman Pamela Izevbekhai and her daughters, Naomi (8) and Jemima (6).
Ms Izevbekhai is fighting her deportation to Nigeria on the grounds her daughters are at risk of serious harm due to female genital mutilation (FGM) if deported. She lost the latest stage of her case in the High Court on Tuesday.
Mr Ahern said while he had compassion for all “genuine cases” there had been clear abuses in recent years of the immigration system here. This would not be tolerated.
“When the courts... have given very important judgements in relation to the sanctity of our immigration laws I have to be very conscious of what judges say,” he said.
