Dáil debates

Wednesday, 25 February 2009

1:00 pm

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)

The Deputy is aware, from the details of my response to Question No. 1 in his name on 13 November, that the courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and that the sentencing of offenders is clearly a matter for the presiding judge.

The steering committee established by the Chief Justice to plan for and provide information on sentencing for the Judiciary continues to sit under the chairmanship of Mrs. Justice Susan Denham. It comprises judges from the High Court, Circuit Court and District Court and a university law lecturer with expertise in sentencing law. The project, known as the Irish sentencing information system or ISIS, involves an examination of the feasibility of providing a computerised information system on sentences and other penalties imposed for criminal offences in order to assist judges in their consideration of the appropriate sentence to be imposed in an individual case. A pilot project was established in June 2006 in the Dublin Circuit Criminal Court. A further pilot project commenced in the Cork Circuit Court in April 2008. An appropriate computer system is being developed and the outcomes from these initial pilots will be evaluated by Judge Denham's committee in the coming months.

In addition, work on the scheme of the judicial council Bill to build on the report of the committee on judicial conduct and ethics is being finalised, taking into account necessary consultation with the Judiciary. The main purpose of the Bill is to establish a system to provide for the investigation, with lay involvement in the process, of allegations of breaches of judicial discipline. My Department is funding the substantial work being carried out by Judge Denham's steering committee which will assist in promoting consistency in sentencing. While the judicial council Bill may help to underpin the overall work of the committee, it will not replace it.

It is still too early to come to concrete conclusions on the impact of the revised provisions on presumptive minimum sentences for possession or importation of controlled drugs for sale or supply with a value over €13,000 contained in the Criminal Justice Acts 2006 and 2007. Initial results, however, are encouraging. As I have previously informed the Deputy, Courts Service statistics for convictions in the Circuit Court in 2007 show that there was a 100% increase in the number of sentences of ten years or more imposed by the court for these offences compared with that for 2006. The Courts Service is compiling the figures for 2008. We will continue to review legislation in this area.

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