Gerald Nash (Louth, Labour) | Oireachtas source

I move amendment No. 20:

In page 8, between lines 5 and 6, to insert the following: “(e) in section 7—

(i) in subsection (2), by the deletion in paragraph (h) of “adopt and publish in such manner as it considers appropriate” and the substitution of “subject to subsection (2C), adopt and publish in such manner as it considers appropriate”, and

(ii) by the insertion of the following subsections after subsection (2B):

“(2C) Sentencing guidelines may be adopted by the Council under subsection (2)(h) only where—

(a) a draft of the guidelines has first been laid before each House of the Oireachtas, and

(b) a resolution approving the draft has been passed by each such House.

(2D) For the purposes of subsection (2C), the Council shall submit a draft of the guidelines it proposes to adopt to the Minister and the Minister shall cause a draft of the guidelines to be laid before each House of the Oireachtas as soon as practicable after the receipt thereof.

(2E) In subsections (2C) and (2D), the reference to sentencing guidelines includes any amendments to sentencing guidelines that are proposed for adoption under subsection (2)(h)(ii).”,

and

(f) in section 91, by the insertion of the following subsection after subsection (2):

“(2A) The first draft sentencing guidelines prepared for submission to the Board by the Sentencing Guidelines and Information Committee shall include guidelines about—

(a) the circumstances in which it may be appropriate for a court to impose a suspended or deferred custodial sentence on an offender in the proceedings before it, and

(b) the circumstances in which imposition of a suspended or deferred custodial sentence is not appropriate.”.”.

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