Batt O'Keeffe (Cork South Central, Fianna Fail)

On behalf of the Tánaiste and Minister for Justice, Equality and Law Reform, Deputy McDowell, I thank the Deputy for raising what is an important matter.

Turning to the question of judicial training, the Judicial Studies Institute was established by the Chief Justice in 1996. The institute organises conferences, seminars and lectures for judges with the object of enhancing their knowledge and understanding of the law and legal principles with particular regard to new developments. The Judicial Studies Institute produces the Judicial Studies Institute Journal two to three times per year. Bench books are provided to each judge, including two Bench books on sentencing guidelines.

I understand the issue of sentencing was examined by the institute in the context of its training programme. The Courts and Court Officers Act 1995 enables the Tánaiste to provide funds for judicial training and a sum was made available to the institute for 2006. Section 19 of the Act provides that a person who wishes to be considered for appointment to judicial office shall undertake in writing to the Judicial Appointments Advisory Board his or her agreement, if appointed to judicial office, to take such course or courses of training or education, or both, as may be required by the Chief Justice or president of the court to which that person is appointed.

The President of the District Court provides a mentoring system whereby a new judge sits in court with an experienced judge for a period of time. The president obtained funding for retired judges to assist the institute for a period to help and train new members of the Judiciary. This involves tutoring and lecturing sessions with experienced retired judges. It also involves the new judge sitting with an experienced colleague both in a provincial and a Dublin Metropolitan District Court to gain both practical and theoretical experience. The board agreed this was an excellent idea. The President of the Circuit Court uses the annual Judicial Studies Institute Circuit Court conference and the national conference for the purposes of inducting new judges.

A number of judges recently attended judicial skills courses with the Judicial Studies Committee in Scotland. I understand the board of the Courts Service noted the usefulness of this course and the Chief Justice is of the view that in time the institute could develop its own similar course.

The traditional approach to sentencing is for the Oireachtas to lay down the maximum penalty.

Having considered all the circumstances of the case, a court may then impose an appropriate penalty up to that maximum. This approach reflects the doctrine of the separation of powers.

The Executive lays down the possible punishment range but it is for the courts to decide the punishment, taking account of all the circumstances of the case and of the offender. The law enables judges to exercise their discretion, within the maximum penalty, by reference to the conclusions they reach after trying cases, hearing all the evidence and assessing the culpability and circumstances of the accused. Our system of recruitment to all levels of the Judiciary is based on the concept of bringing in experienced and trained legal practitioners. Consequently, judges, on appointment, have a wide knowledge of the law and its application.

Sentencing is, of course, a complex matter and, as the Deputy is undoubtedly aware, there are many variable factors to be taken into account in each individual case. However, to address this issue a steering committee was established by the Courts Service board to plan for and provide information on sentencing. The committee, which is chaired by Mrs. Justice Susan Denham of the Supreme Court, is composed of a judge from each jurisdiction and a member of a university law faculty, expert in sentencing law. The project, known as the Irish sentencing information system, involves an examination of the feasibility of providing a computerised information system on sentences and other penalties imposed for criminal offences, to assist judges when considering the sentence to be imposed in an individual case.

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