Joe Costello (Dublin Central, Labour)
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I thank the Ceann Comhairle for allowing this matter on the Adjournment and I welcome the Minister of State to the House.

There is no doubt serious issues regarding the Judiciary must be addressed by the Minister for Justice, Equality and Law Reform, the Government and the Legislature. The current appointment of judges leaves much to be desired. All judges are selected from the ranks of the country's barristers and solicitors. Barristers and solicitors are trained advocates in a highly-polarised adversarial system. In European countries, judges opt for the Judiciary as a career and undergo a third level training course in preparation for it.

Ireland does not have formal training or induction courses for newly-appointed judges or for those barristers or solicitors who aspire to be judges. One day, they are professional advocates whose success and career depends on the strength of their advocacy and their ability to compete with and overcome their opponents. The next day, they are sitting on the Bench, expected to be even-handed and possessing the wisdom of Solomon. The assessment of arguments and evidence in the courtroom and the imposition of sentences for offences are delicate and demanding skills which require great maturity, experience, balance and character. The Minister for Justice, Equality and Law Reform should make provision for formal training and induction courses.

The experience of mandatory sentencing for drug offences highlights the failure of the Judiciary to respect the will of the Legislature, as only a tiny fraction of mandatory sentences have been imposed since the legislation was passed in 1999.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I must point out that members of the Judiciary are independent by virtue of the Constitution. They cannot be criticised nor have their rulings referred to in the House except by way of a substantive motion. It would not be appropriate to cast any reflection on the action of judges in their capacity as judges.

Joe Costello (Dublin Central, Labour)
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I refer to the statistics. Mandatory sentences were imposed in a tiny fraction, approximately 10%, of cases under the legislation passed in 1999.

The same situation may pertain to family law cases. However, as they are heard in camera without stenographers or reporters, it is impossible to know the true statistics of sentencing in family law cases. One reporter was appointed recently. A transparent system of sentencing with clear policies, structures and guidelines must be put in place by the Minister for Justice, Equality and Law Reform and the Legislature.

The case of Judge Curtin clearly demonstrates judicial ethics issues must be addressed. A sub-committee of the Oireachtas had to be established to initiate impeachment proceedings on "stated misbehaviour" in June 2004 under Article 35.1 of the Constitution. It highlights the lack of legislation in the area of judicial ethics.

Separation of the Executive and the Judiciary does not mean the Executive should shy away from introducing statutory parameters to judicial qualifications and behaviour and sentencing. It is high time the Government and the Minister for Justice, Equality and Law Reform took their responsibilities with regard to the Judiciary seriously and introduced appropriate legislation. It is ironic they should have to wait for the Judiciary to be criticised by the Director of Public Prosecutions for lack of transparency when his office is devoid of any transparency regarding his actions and decisions.

Batt O'Keeffe (Cork South Central, Fianna Fail)
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On behalf of the Tánaiste and Minister for Justice, Equality and Law Reform, Deputy McDowell, I thank the Deputy for raising what is an important matter.

Turning to the question of judicial training, the Judicial Studies Institute was established by the Chief Justice in 1996. The institute organises conferences, seminars and lectures for judges with the object of enhancing their knowledge and understanding of the law and legal principles with particular regard to new developments. The Judicial Studies Institute produces the Judicial Studies Institute Journal two to three times per year. Bench books are provided to each judge, including two Bench books on sentencing guidelines.

I understand the issue of sentencing was examined by the institute in the context of its training programme. The Courts and Court Officers Act 1995 enables the Tánaiste to provide funds for judicial training and a sum was made available to the institute for 2006. Section 19 of the Act provides that a person who wishes to be considered for appointment to judicial office shall undertake in writing to the Judicial Appointments Advisory Board his or her agreement, if appointed to judicial office, to take such course or courses of training or education, or both, as may be required by the Chief Justice or president of the court to which that person is appointed.

The President of the District Court provides a mentoring system whereby a new judge sits in court with an experienced judge for a period of time. The president obtained funding for retired judges to assist the institute for a period to help and train new members of the Judiciary. This involves tutoring and lecturing sessions with experienced retired judges. It also involves the new judge sitting with an experienced colleague both in a provincial and a Dublin Metropolitan District Court to gain both practical and theoretical experience. The board agreed this was an excellent idea. The President of the Circuit Court uses the annual Judicial Studies Institute Circuit Court conference and the national conference for the purposes of inducting new judges.

A number of judges recently attended judicial skills courses with the Judicial Studies Committee in Scotland. I understand the board of the Courts Service noted the usefulness of this course and the Chief Justice is of the view that in time the institute could develop its own similar course.

The traditional approach to sentencing is for the Oireachtas to lay down the maximum penalty.

Having considered all the circumstances of the case, a court may then impose an appropriate penalty up to that maximum. This approach reflects the doctrine of the separation of powers.

The Executive lays down the possible punishment range but it is for the courts to decide the punishment, taking account of all the circumstances of the case and of the offender. The law enables judges to exercise their discretion, within the maximum penalty, by reference to the conclusions they reach after trying cases, hearing all the evidence and assessing the culpability and circumstances of the accused. Our system of recruitment to all levels of the Judiciary is based on the concept of bringing in experienced and trained legal practitioners. Consequently, judges, on appointment, have a wide knowledge of the law and its application.

Sentencing is, of course, a complex matter and, as the Deputy is undoubtedly aware, there are many variable factors to be taken into account in each individual case. However, to address this issue a steering committee was established by the Courts Service board to plan for and provide information on sentencing. The committee, which is chaired by Mrs. Justice Susan Denham of the Supreme Court, is composed of a judge from each jurisdiction and a member of a university law faculty, expert in sentencing law. The project, known as the Irish sentencing information system, involves an examination of the feasibility of providing a computerised information system on sentences and other penalties imposed for criminal offences, to assist judges when considering the sentence to be imposed in an individual case.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Minister of State's time has concluded.

Batt O'Keeffe (Cork South Central, Fianna Fail)
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A sentencing information system would enable a judge, by entering relevant criteria, to access information about the range of sentences and other penalties imposed for particular types of offence in previous cases.

The committee has carried out an examination of sentencing information systems developed in other common law jurisdictions. The committee is compiling research on sentencing jurisprudence within this jurisdiction and is examining a range of issues, including data protection considerations, with a view to evaluating the extent of the information which it would be feasible to make available on sentencing decisions.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Minister of State has at least another five minutes in his script so I suggest that the Department——

Batt O'Keeffe (Cork South Central, Fianna Fail)
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As the Deputy will be aware, work on drafting the scheme of a judicial council Bill is well advanced. The Bill aims to provide effective remedies for complaints about judicial misbehaviour and its provisions will include lay participation in the investigation of complaints. The Bill will also address the question of judicial training and information and, in that context, will provide a means for judges to develop guidelines on sentencing. The Tánaiste has been in consultation with the Judiciary on the provisions of the Bill and is awaiting its final consideration of those proposals.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask the Minister of State to conclude. We cannot have a situation where one Member is allowed ten or 15 minutes, while another is confined to five minutes.