Dáil debates

Tuesday, 1 December 2015

Other Questions

Sentencing Policy

3:45 pm

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I reiterate that judges are independent. The Deputy has said they must be held accountable, but they are independent; that is the reality. We bring forward legislation that outlines the sentencing we think is appropriate to a variety of crimes. All of the expert information available to me indicates that mandatory sentencing is not the way forward because of that very point. What does consistency in sentencing mean? It is a complex matter and many variables must be taken into account. Where, for example, we, as legislators, believe the appropriate sentence is not in place, it is up to us to legislate. That is what I am doing in the burglaries Bill. I am providing that it will be more difficult to get bail and that consecutive, as opposed to concurrent, sentences should be served. If we do not think the maximum sentence for a crime is appropriate, it is up to us, as legislators, to address that issue. However, it is absolutely clear that the Judiciary is independent.

A judicial council Bill would allow them to deal with complaints effectively and the various elements that will be in it are necessary. We will come to that in due course.

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