Charles Flanagan (Laois-Offaly, Fine Gael)
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Question 40: To ask the Minister for Justice, Equality and Law Reform his views on the absence of guidelines for sentencing, the absence of a judicial council, the failure of the courts to fully implement mandatory sentencing as laid down in law by the Houses of the Oireachtas, and the inconsistent approach of the courts to sentencing; and if he will make a statement on the matter. [7752/09]

Dermot Ahern (Louth, Fianna Fail)
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The Deputy is aware, from the details of my response to Question No. 1 in his name on 13 November, that the courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and that the sentencing of offenders is clearly a matter for the presiding judge.

The steering committee established by the Chief Justice to plan for and provide information on sentencing for the Judiciary continues to sit under the chairmanship of Mrs. Justice Susan Denham. It comprises judges from the High Court, Circuit Court and District Court and a university law lecturer with expertise in sentencing law. The project, known as the Irish sentencing information system or ISIS, involves an examination of the feasibility of providing a computerised information system on sentences and other penalties imposed for criminal offences in order to assist judges in their consideration of the appropriate sentence to be imposed in an individual case. A pilot project was established in June 2006 in the Dublin Circuit Criminal Court. A further pilot project commenced in the Cork Circuit Court in April 2008. An appropriate computer system is being developed and the outcomes from these initial pilots will be evaluated by Judge Denham's committee in the coming months.

In addition, work on the scheme of the judicial council Bill to build on the report of the committee on judicial conduct and ethics is being finalised, taking into account necessary consultation with the Judiciary. The main purpose of the Bill is to establish a system to provide for the investigation, with lay involvement in the process, of allegations of breaches of judicial discipline. My Department is funding the substantial work being carried out by Judge Denham's steering committee which will assist in promoting consistency in sentencing. While the judicial council Bill may help to underpin the overall work of the committee, it will not replace it.

It is still too early to come to concrete conclusions on the impact of the revised provisions on presumptive minimum sentences for possession or importation of controlled drugs for sale or supply with a value over €13,000 contained in the Criminal Justice Acts 2006 and 2007. Initial results, however, are encouraging. As I have previously informed the Deputy, Courts Service statistics for convictions in the Circuit Court in 2007 show that there was a 100% increase in the number of sentences of ten years or more imposed by the court for these offences compared with that for 2006. The Courts Service is compiling the figures for 2008. We will continue to review legislation in this area.

Charles Flanagan (Laois-Offaly, Fine Gael)
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Will the Minister outline his views on the judicial council? I do not believe the Government is serious about it. It is ten years since an all-party committee of the House recommended its establishment. It is nine years since the former Chief Justice, Ronan Keane, made a similar recommendation. Recommendations since have come from within and outside the House, the Director of Public Prosecutions and the chairman of the Parole Board. What is the problem? Where is the legislation? When is it expected? Is the Minister serious about the concept?

Dermot Ahern (Louth, Fianna Fail)
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I am very serious about it and recently consulted the Chief Justice on it. We await the Judiciary's comments on the latest draft of the Bill. I treat it as a matter of high priority because the Bill will promote excellence in the performance of our judges, high standards and I hope deal with the effective use of judicial resources. It will involve lay people in the investigation of alleged breaches of judicial ethics. I told the Chief Justice recently that we wanted to push ahead with the Bill. As soon as we receive the latest deliberations from the Judiciary, we will proceed to finalise the drafting of the Bill.

Charles Flanagan (Laois-Offaly, Fine Gael)
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The Minister has said all that against the background of what has happened in the five years that have elapsed since the draft Bill was published. Surely he cannot describe this as a "high priority". If it is, it says something about the manner in which he orders his priorities. What does he intend to do about the bail regime? Will the bail laws be reviewed? Many serious criminals commit further crimes while on bail.

Joe Carey (Clare, Fine Gael)
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Hear, hear.

Dermot Ahern (Louth, Fianna Fail)
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This is a high priority. However, it is a difficult area, as the separation of powers of the Judiciary, the Legislature and the Government must be observed. Much of the debate with the Judiciary centres on this area. We must hear the comments of all judges, from the highest court in the land to the lowest, on what is being proposed. It is, once more, a question of deciding between light and heavy regulation. We need to consider whether the legislation should be detailed, or whether a lighter touch should be used when considering the extent to which outside lay people should be involved in the investigation of alleged breaches of judicial ethics. Since I became Minister for Justice, Equality and Law Reform, I have said on many occasions that I am prepared to examine the bail laws which are being kept under review. Substantial changes to the bail regime were made quite recently, with the help of the people in a referendum. Some of the figures in that regard have started to come through in recent times. The granting of bail is now much more restrictive. The Garda now has the ability to apply to the courts to ensure bail is not granted. Such issues should be allowed to take their course. It is clear that some of the figures issued by Fine Gael in recent times predated the recent changes.

Charles Flanagan (Laois-Offaly, Fine Gael)
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That is not true.

Dermot Ahern (Louth, Fianna Fail)
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Fine Gael was trying to make the case that bail was an issue.

Charles Flanagan (Laois-Offaly, Fine Gael)
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It is a real issue.

Dermot Ahern (Louth, Fianna Fail)
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I accept that some people commit offences while on bail.

Charles Flanagan (Laois-Offaly, Fine Gael)
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That is clear when one examines what is happening in the courts.

Dermot Ahern (Louth, Fianna Fail)
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We should give the legislation that was changed by us, at the behest of the people in a referendum, some time before we reach a judgment on how the changes are kicking in.

Charles Flanagan (Laois-Offaly, Fine Gael)
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The referendum was held 13 years ago.

Dermot Ahern (Louth, Fianna Fail)
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No, I am referring to changes we made a couple of years ago.