Alan Shatter (Dublin South, Fine Gael)

The traditional approach to sentencing is for the Oireachtas to lay down the maximum penalty and for a court, having considered all the circumstances of the case, to impose an appropriate penalty up to that maximum. There are a small number of cases, however, where statute has created important exceptions to this approach. Mandatory sentencing requirements apply most notably for murder, firearms and misuse of drugs offences. There are other provisions relating to drug trafficking and firearms offences where a presumptive mandatory minimum sentence applies. Where the court is satisfied that there are exceptional and specific circumstances which would make a particular minimum sentence unjust, a different sentence can be applied, and we have seen instances of the courts doing this. The type of circumstances which a court may consider would include whether and when the accused pleaded guilty and whether an accused assisted the investigation of the offence.

The Deputy will appreciate that judges are independent in the matter of sentencing as they are in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. Of its own volition, the Judiciary established a committee, led by Mrs. Justice Susan Denham of the Supreme Court, to oversee the development of an electronic system to gather information about the range of sentences and other penalties that have been imposed for particular types of offences across court jurisdictions. The resulting website, the Irish sentencing information system, ISIS, became operational as a pilot in August 2010. This publicly accessible resource includes statistics on sentencing, synopses of relevant court judgments and access to a database on actual sentences imposed in various crimes and cases. It provides a qualitative overview and a snapshot of how the courts treat offences, who committed them and the circumstances in which they took place. It also provides references to leading cases on sentencing, summaries of particular judgments of the Court of Criminal Appeal in the area of sentencing law and links to the judgments of that court and academic materials on the subject of sentencing. The website has the potential in time to be a valuable tool not only for members of the Judiciary but also for lawyers, researchers and those of us concerned with the needs of victims and their families. I understand that ISIS will be evaluated after it has been operating for some time.

Additional information not given on the floor of the House.

It is important to make the point, when discussing sentencing, that the Director of Public Prosecutions may apply to the Court of Criminal Appeal to review a sentence he regards as unduly lenient. The improved access to sentencing precedents and practice provided by ISIS will also assist the DPP in that task.

The Deputy may be aware that my Department is engaged in a public consultation process to develop a White Paper on crime with a view to developing a policy framework for future strategies to combat and prevent crime. Part of the consultation process focused on criminal sanctions, during the course of which sentencing guidelines were discussed. There was no consensus on how such guidelines might operate without undermining judicial independence and flexibility. The prevailing view, with which I agree, is that judicial independence is crucial and should be safeguarded. However, the Law Reform Commission has been asked to consider and, if appropriate, recommend reforms in the law in relation to mandatory sentencing. The commission will consider the use of mandatory sentences for offences in general terms along with approaches based on ranges of sentences. I welcome that the commission intends to publish a consultation paper on this subject later this year.

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