Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

I move amendment No. 5:

In page 24, line 29, after “Council” to insert “and this may include public consultation processes”.

The amendment relates to the provision that the sentencing guidelines and information committee may consult such persons as it considers appropriate for the purpose of drawing up guidelines. I am proposing that this be made explicitly clear. I ask the Minister to clarify that such consultation may include public consultation such that if the committee or, formally speaking, the council is, for example, drawing up a set of guidelines relating to environmental offences, it may hold an information day, seek submissions from interested parties and so on in regard to the drawing up of the guidelines. It would be appropriate for it to have that power. It may already be provided for in the sense that the Bill states that the committee may consult such persons as it considers appropriate in this regard and if that is the case, I will withdraw the amendment. I am seeking certainty that such processes are provided for.

Amendment No. 6 is contingent on amendment No. 7 which seeks to amend section 25 of the Bill. Section 25(3) provides:

For the purposes of making a recommendation under this section, the Public Appointments Service shall have regard to the desirability that the lay members of the Sentencing Guidelines and Information Committee will, among them, possess knowledge of, and experience in, as many as possible of the following matters: (a) the prosecution of criminal proceedings; (b) the defence of criminal proceedings; (c) policing; (d) the administration of justice; (e) sentencing policy; (f) the promotion of the welfare of the victims of crime; (g) academic study or research relating to criminal law or criminology; (h) the use of statistics; (i) the rehabilitation of offenders.

In the context of the importance of the victims of crime and their families having confidence in the judicial and sentencing process, amendment No. 7 proposes an the insertion of a new subsection (4) to provide: "The Public Appointments Service shall have regard to the objective that the Sentencing Guidelines and Information Committee will at all times have knowledge of, and experience in, the promotion of the welfare of the victims of crime."The amendment would give additional weight to the consideration of the welfare victims of crime. It adds an emphasis to the importance of that matter by ensuring that people with experience and knowledge of the welfare of the victims of crime and who have been involved in the representation of such victims will be represented on the committee.

See this speech in context