A Fine Gael Senator is seeking a mandatory minimum sentence for the “despicable” crime of tool theft, saying he has “broad support” across Government for the proposal.
In an exchange with Gript this week Senator PJ Murphy said he is introducing an amendment to the Criminal Justice Act to bring forward a three year mandatory sentence for the theft of work-related equipment.
The proposed legislation from Senator Murphy would seek an amendment to the Criminal Justice (Theft and Fraud Offences) Act 2001.
The 2001 Act currently serves as the primary legal framework for prosecuting theft and fraud in Ireland, though it does not presently include mandatory minimum custodial sentences for the specific theft of trade tools.
“The tradesmen and women around Ireland are the backbone of our construction industry and over the last ten years, we’ve seen a marked increase in tool theft right across the country,” Murphy said.
“I hope to bring a correct balance in terms of the repercussions for the victims of the crimes and the penalties given to those who are arrested and found guilty of the crimes in question.”
He added that there is “broad support” for the proposal across the Fine Gael parliamentary party and the wider government parties.
The Senator was asked by Gript if he would support similar mandatory minimum sentences for serious offences such as sex crimes or serious assaults.
“I think it would have to be looked at on a case-by-case, topic-by-topic issue,” he said.
“What I’m dealing with here is tool theft. That’s my own area of expertise coming from a construction background and I think that’s what I’m comfortable to speak on and to work on.”
Murphy stated that he did not have the “expertise” necessary to speak on sex crimes, suggesting that such matters would have to be dealt with “separately on a separate day.”
He expressed the opinion that current penalties for tool theft do not provide a sufficient deterrent.
“What I’m talking about changing here is the penalty that would be applied and a minimum mandatory three-year sentence with a maximum of 18 months to be suspended,” he said.
“I think is a very, very clear deterrent and sends a very clear signal to anybody who might wish to engage in this type of despicable behaviour.”
The proposal for mandatory minimums in theft cases appears to contrast with the Government’s general stance on judicial discretion for other serious offences.
Justice Minister Jim O’Callaghan, speaking to Gript earlier this month, defended the current system of judicial discretion, even in cases involving child abuse material.
“What we do when we introduce legislation in the Oireachtas is in general we set out what the maximum sentence for an offence is and then we give discretion to the judiciary,” the Minister said.
“I think [minimum sentencing] takes away from the discretion that’s required when it comes to the judiciary imposing sentences. It’s a complicated area, but I think the judiciary do it well.”
Minister O’Callaghan stated that the judicial system takes offences involving child abuse material “very seriously” and that the current framework has been “effective” since 1998.