Now Ross goes to war with judges over sentencing
TRANSPORT Minister Shane Ross has upped the ante in his war on the judiciary by demanding a clampdown on judges showing discretion to drink drivers and the introduction of strict new sentencing guidelines for all crimes. In an interview in today’s
Sunday Independent, Mr Ross said inconsistencies around sentencing on drink driving and road traffic cases “sends out a message” to motorists that they might get off with charges even if they are caught.
Drink driving offences attract mandatory bans and fines but judges have discretion to impose further penalties.
The Independent Alliance minister added that disparity between sentences handed down by judges in other more serious crimes was “unacceptable and sometimes absolutely inexplicable”.
Minister for Justice Charlie Flanagan also admitted there was a “small minority” of cases in which there were “perceived inconsistencies” but warned that any threat to the independence of the judiciary would be “ill-advised”.
“I want to acknowledge the constitutional position of separation of powers and I want to remark that judicial independence has served the State well over the past century and that should continue,” he told the Sunday Independent.
Last night, President of the Association of Judges of Ireland (AJI) Justice John Edwards said it was open to the Government to provide guidance on sentencing but there was no model for implementing guidelines which was “unproblematic”.
Justice Edwards added that he was “surprised” the proposal for sentencing guidelines was coming from Mr Ross as he was Minister for Transport.
However, Mr Ross said it was “very difficult” to understand the inconsistencies behind some judgments and insisted sentencing guidelines would “restore public confidence in the judiciary”.
“It does appear in some cases judges are making decisions which wouldn’t have been made by their colleagues in the same circumstances,” he said.
The minister’s intervention is likely to incense the country’s judges and barristers who have been at loggerheads with Mr Ross over his campaign to overhaul the judicial appointment system.
The minister also insisted that the judges have “lost the battle” and said his Judicial Appointments Bill will become law in the New Year despite “absolutely absurd pressure” from the judiciary.
He also attacked the “dreadful” lobbying against his reforms from some barristers. Reform of the judicial appointment service was a key demand from Mr Ross during talks with Fine Gael on the programme for government.
His new proposal for sentencing guidelines follows public outrage over sentences handed down for rape, murder and child sex offences.
A recent RTE investigation also highlighted serious disparities in rulings on road traffic cases in the district court system.
It found that fewer than half of all drink-driving prosecutions initiated by gardai last year resulted in a conviction.
Mr Ross said sentencing guidelines should be stricter to restrict the amount of discretion judges can show people who come before their courts.
“Obviously if there is an inconsistency for the same offences, particularly in the area of alcohol and breathalysers, it is something we should look at very seriously.
“It sends out a message to people that they might get away with it and it means they might take chances and it is a bad message to send out.”
Mr Ross said for offences such as rape and murder, there was an expectation among the public that those prosecuted should receive severe sentences and not get off on technicalities or be handed down lenient sentences.
Mr Flanagan said Irish judges had “served the country well” over the past 100 years and had acted as a “bulwark” against political and economic threats during the Troubles.
He also said he would bring legislation before the Dail next year which would provide for a ‘sentencing information committee’ which would provide judges with assistance.
“Fundamental to our legal system is judicial discretion which must be honoured and preserved and I will maintain that against the background of the need for a sentencing information committee which will assist judges.
“I don’t envisage any tension or difficulty in the provision of information and training for judges,” he said.