Willie O'Dea (Limerick City, Fianna Fail)
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Question 8: To ask the Minister for Justice and Equality his position on mandatory sentencing in general; and if he will make a statement on the matter. [7069/11]

Alan Shatter (Dublin South, Fine Gael)
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The traditional approach to sentencing is for the Oireachtas to lay down the maximum penalty and for a court, having considered all the circumstances of the case, to impose an appropriate penalty up to that maximum. There are a small number of situations, however, where statute has created exceptions to this approach. As mentioned, mandatory sentencing requirements apply in a limited number of cases, most notably in section 2 of the Criminal Justice Act 1990 which states: "A person convicted of treason or murder shall be sentenced to imprisonment for life."

There are other provisions relating to drug trafficking and firearms offences where a presumptive mandatory minimum sentence applies. As mentioned, where the court is satisfied there are exceptional and specific circumstances which would make a particular minimum sentence unjust, a different sentence can be applied. The type of circumstances which a court may consider would include whether and when the accused pleaded guilty, and whether he or she assisted the investigation of the offence.

My Department has already commenced a public consultation process to develop a White Paper on crime which will present a policy framework for future strategies to combat and prevent crime. Part of the public consultation process focused on criminal sanctions, including the subject of mandatory sentences. As Deputies will be aware, the programme for Government committed the new Government to review the whole area of mandatory sentencing.

The Law Reform Commission has also been asked to examine and, if appropriate, recommend reforms in the law in regard to mandatory sentences. I understand the commission hopes to publish a consultation paper on this subject later this year. The work I described as being already under way will feed into the overall review of mandatory sentencing to which the Government is committed. When that work is complete any necessary legislative reforms can be brought before the House.