Passing judgment on the legal system

Fianna Fáil’s Justice spokesperson has called for reforms in the free legal aid system and sentencing laws to address re-offenders taking advantage of the free legal aid scheme and inconsistencies in judicial sentences.
Deputy Niall Collins explained to the large gathering at the Auburn Lodge Hotel, Ennis, a meeting similar to others across the country, that the free legal aid system was something that frustrates and “exercises people a lot”.
Deputy Collins outlined the average budget for the free legal aid scheme is in the region of €50 million, which comes out of the taxpayers’ pocket.
“We have a lot of issues of re-offenders availing of the free legal aid system and they seem to be availing of it on a repetitive basis. A lot of people are evading the payment of fines, when you quiz the powers-that-be they tell them that they don’t have the wherewithal to deduct the fines from source, or a contribution towards free legal aid. But the Government can put an extra button on the computer to collect your property tax from your bank account,” he said.
He added that, rightly or wrongly, there is a perception coming from the victims of crimes and their families that “there doesn’t seem to be a loss of privilege enforced upon the people who are found guilty with the sentences that are handed down from the court”.
“Burglaries are carried out in the rural countryside are crimes committed where vehicles are used, and as I understand it, it is in the statute books that a judge in sentencing can consider revoking the person’s licence. I would go a step further and I would say An Garda Síochana, if there is a person before the courts, they should also look for an exclusion order from the village or town or town lands if possible.
“You had an example in Dublin that a number of people living in Dublin City Centre, who were repeat offenders – prolific shoplifters – and they had an exclusion order served on them for the O’Connell Street area of Dublin. It is something I think should be used by the judges when they handing down sentences.
“When Chief Supt John Kerin looks at his statistics of crime I’m sure he could tell us there are a significant amount of repeat offenders. The other issue that concerns people outside of the loss of privileges is the contribution that people should be making to the society,” he said.
In relation to the issue of sentencing he said that currently the same crime committed in Dublin and the same crime committed in Letterkenny verses the same crime in Ennis could yield “three vastly different sentences by the judiciary”.
“For too long in this country you’ve had a reluctance and it’s been taboo to have any debate on the workings and functioning of the judiciary. I think we need to engage in the debate in the workings and failings and perceived failings of the judiciary.
“When you see that garlic man got six years but someone who killed two people while high on drugs and drunk driving on wrong side of the road killed the parents of four people got four years, and you compare that to Catherine Gowing’s murder received 37 years. Then you look at vicious sex assaults where suspended sentences are being handed down and cash payments made to avoid custodial sentences, I don’t think that is right.
“People want to see a degree of consistency and uniformity in sentencing and it is something that duly concerns me. When this stuff is reported it drives people absolutely to the edge in terms of the concern they express,” he said.
Deputy Collins added that bail laws also needed to be looked at in the light of recidivism, and juvenile laws were also in need of review.
He added that there needs to be “a serious debate on antisocial behaviour” and integral to that is the issue of the availability of alcohol.
“Sponsorship of sporting events by drinks companies will also have to be looked at. It’s a fact that if you were to go to Tescos or Aldi you could buy the place out, fill as many bottles as you want and drink yourself into oblivion but if you were to appear at the check out with two bottles of Calpol you will be refused,” he said.