Brendan Howlin (Wexford, Labour) | Oireachtas source

I thank the Minister for her reply. I ask that she come back again on the point I made about the expression by members of the Supreme Court about the essence of the Judiciary being an inappropriate body constitutionally to have devolved powers to make law. Has that been reflected on or checked? What assurances can the Minister give the House on that not being a factor that, if that issue itself were tested, would undermine the functioning of the Judicial Council by way of making secondary legislation?

Second, as regards the sentencing guidelines and the sentencing committee specifically, because we are looking at sentencing, the Minister assures me and the House that the committee looks at suspended sentences as part of that. I do not think it detracts from this to simply be specific about the circumstances of a suspension of a sentence. Does the Minister have specific guidelines on that? Is she telling us that is already what is happening? I do not see how being explicit about it in any way detracts from looking at sentencing policy generally. The wording is "and" the occasions when a sentence is suspended and in what circumstances a suspended sentence is appropriate. If the Minister assures me that is fully embraced in any event, I will be satisfied on that matter.

As regards the timelines, I am conscious of the position of this Dáil and how long we have. I would not like to see sentencing guidelines be available and our having a hiatus of a number of months before they could be actually promulgated for use in the courts for want of legislative provision. What is the Minister's thinking on that?

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