Dáil debates

Tuesday, 1 December 2015

Other Questions

Sentencing Policy

3:35 pm

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein) | Oireachtas source

That is a remarkable response. The Minister should think about what a sentencing council is. The majority of members on the sentencing council in England and Wales are members of the judiciary and that protects the independence of the judiciary. They consult the public and stakeholders and issue guidelines so that every judge - in this State that would be the District and Circuit Courts up to the Supreme Court but, in particular, the District and Circuit Courts - is clear that he or she is accountable for the decision he or she makes in regard to the category of offence before him or her. We can think about some of the sentences handed out to people guilty of very grievous sexual offences in this State in recent years and of the insult that was to the victims, first and foremost, and to women who were horrified by what had happened.

The Government has not introduced a judicial council Bill or dealt with the issue of the appointment of members of the Judiciary, even though it has promised to do so time and again. The Minister has said that, in the context of a sentencing council model, the Judiciary is independent. It is calling for a judicial council Bill. The Chief Justice, Ms Susan Denham, has called for it, yet the Government will not introduce it. Clearly, during its five-year term the council has been de-prioritised. The Minister has walked away from accountability for the Judiciary and consistency in sentencing. The response drafted by her officials is a massive disappointment.

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