Ken O'Flynn

Overall sentiment: -0.35
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12. Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration the assessment he has made of the impact of suspended or short custodial sentences on victims of child sexual abuse whose abuse material is circulated online, whether there is evidence that current sentencing levels act as a meaningful deterrent to child sexual abuse material offending and the legislative or policy tools he is prepared to deploy if judicial guidelines prove ineffective in producing consistent and proportionate sentences in such cases. [20212/26]

Sentiment score: -0.32

I wish to ask the Minister about the assessment he has made on the impact of suspended or short custodial sentences on victims of child abuse and the circulation of such material online, whether he has evidence that current sentencing levels act as a meaningful deterrent regarding child sexual abuse materials and what legislation policy tools he is prepared to deploy if judicial guidelines prove ineffective.

Sentiment score: -0.87

I thank the Minister for the reply but I am asking whether the Department has carried out a full assessment of this. We can all call a spade a spade. Not a month has gone by where we have not read an article in a newspaper regarding suspended sentences for first-time offenders or those who have been caught for the first time when it comes to child sexual abuse images and online images. Certainly, it upsets a number of people in my constituency and Members in this House as well when we see people with large volumes of vile images being used and circulated, and walking away with a suspended sentences. I appreciate there is a precedent with the Loving case. We all are aware of that in this House. What I am getting at is whether the Minister is prepared to introduce legislation to circumvent this because District Court judges are saying they are stuck because of the precedent with the Loving case. I also appreciate that for a second-time offender, who has received a suspended sentence, that under the 1998 Act, all judges provide very stiff sentence.

Sentiment score: -0.04

I have to say I am disappointed to hear the Minister is not prepared to bring new legislation to this House. At this stage, should we not be setting a minimum rather than just a maximum sentence given the type of crime it is? These are the most heinous images of child abuse and surely we should be providing for a minimum sentence at this stage rather than setting the maximum. I would ask the Minister to reassess that. I notice the Minister did not answer my last question about what assessments are being done. I do not know if he has that information in front of him today. I would ask the Minister to reconsider the idea that he would not introduce new legislation to set minimum sentencing rather than maximum sentencing. I know it is slightly different but it is time to reconsider whether we put in a minimum sentence or not.

Sentiment score: -0.19