Martin Kenny (Sligo-Leitrim, Sinn Fein)
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1. To ask the Tánaiste and Minister for Justice and Equality the status of the life sentencing guidelines. [26525/22]

Martin Kenny (Sligo-Leitrim, Sinn Fein)
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The first question relates to sentencing guidelines and particularly the matter of life sentences. On page 15 of the Justice Plan 2022, it is indicated the Minister will make proposals to bring changes to law relating to life sentences. I would like an update in respect of that.

Helen McEntee (Meath East, Fine Gael)
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I thank the Deputy for raising this matter. The programme for Government contains a broad range of policies and proposals that represent a coherent approach to enhancing and sustaining a more safe and just society. To deliver a safe, fair and inclusive Ireland, we must have a system that has all the necessary tools to ensure that, after due process has been served, the sentence handed down matches the crime. As part of my Department's work programme set out in Justice Plan 2022, there is a commitment to examine reforms on mandatory life sentences for murder. This is with a view to making provision for judges to impose a minimum number of years to be served having regard to the aggravating and mitigating factors in the particular case.

To progress this matter, I will be consulting the Attorney General and other Government colleagues in bringing forward this reform, which will give the public greater confidence that in the most heinous murder cases, judges will have the discretion to set a minimum sentence of 20 or 30 years, or even more, recognising the reality that over the past ten years, many people serving life sentences have been imprisoned for at least 20 years and in some cases considerably longer.

I have asked my Department to look at cases involving offences other than murder, as we know life sentences could be handed down for serious sexual assault, rape and abuse, especially involving children, or in the case of multiple murders. It should not just apply for murder cases and we must ensure that where there are particularly heinous and difficult cases, this would apply to them as well.

The recommendation from the Law Reform Commission's 2013 report will inform this process and I can outline that in a moment. As the Deputy may be aware, a life sentence in Ireland remains applicable even after release from custody, and a breach of parole conditions results in a return to prison. In terms of the timeframe for this work, I hope to be in a position to finalise proposals and bring them to Government in the coming months. I would like to have that done before the summer recess, while acknowledging the huge pressure many of my officials are under with their workload. We would very much like to bring it forward before the end of the summer.

This initiative relating to mandatory life sentences should be seen in the context of the review of my Department's wider programme of prison and penal reform, details of which I plan to publish in the coming months. I can also go into those in further detail.

Martin Kenny (Sligo-Leitrim, Sinn Fein)
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I was looking at this recently and the issue in particular relates to the especially heinous murders we know of, many of which have made headlines over many years. There are serious cases and in the past we have seen people getting life sentences but being released after 12 years.

It is not that terribly long ago since it was after even less time. It certainly did not equate to life and in some cases it was as low as seven years before people went before the parole board. This is an issue that many people have a problem with, particularly victims and families of victims of very serious crimes. The Minister also mentioned serious sexual assaults and cases of incest. These are very difficult issues of abuse where we need to look seriously at how long the sentences are and provide assurance to victims and families of victims that they are being looked after in how we deal with it. I looked at a number of cases, one of which was that of Adam O'Keeffe who was convicted of a vicious murder.

Helen McEntee (Meath East, Fine Gael)
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It is important to put on the record that the average length of time a life sentence prisoner will serve is approximately 20 years. The length of time before such prisoners can come before the parole board is now 12 years, which has increased from nine years. The period of 20 years acknowledges that people do serve this length of time. For me what is important is not only making sure the sentences match the crime and that we give judges discretion but also the impact this has on victims or their family members or survivors. To know somebody is even being considered for parole after 12 years when such an horrendous crime is involved can be traumatic and retraumatise victims. Even though it seems like a long time it is not really and we know this. For me this is important. It is done in other jurisdictions. The Law Reform Commission notes the only completely mandatory sentencing in Ireland is life sentence for murder. It also notes that judges have no discretion here, most impose a life sentence and they do not even have the power to suggest a specific minimum sentence, unlike the position in other jurisdictions. For example, in Northern Ireland a judge can recommend a minimum term that must be served. It is about giving this discretion. It is not about telling judges what they should or should not do. It is acknowledging that, on average, people serve 20 years. We should not put undue pressure on victims and victims' families by allowing some people to come before the parole board after the shorter length 12 years or that a judge would make that decision.

Martin Kenny (Sligo-Leitrim, Sinn Fein)
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I appreciate that and we are on the same page in respect of this. We remember the Joe O'Reilly case and vicious murder of his wife Rachel. He received a life sentence and he has already been granted access to the parole board. He applied for temporary release in 2021 having served just over 15 years. There are many cases like this. There are particularly difficult cases, such as that of Graham Dwyer who was convicted of the horrific murder of Elaine O'Hara. He must serve a minimum of 12 years and we can be sure he will not be slow to go before the parole board as is the case with many of these people. We need to have a review. In the review of overall sentencing and how the penal system works I fully agree we have to try to find a process that reforms people who can be reformed and do all of that. We must also look to the victims and families who have gone through the huge torture of losing a loved one or, worse, where people themselves have been the victims of terrible abuse. There has to be proper recourse for them.

Helen McEntee (Meath East, Fine Gael)
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There is a balance with restorative justice and making sure we are focused on trying to reform people, particularly where heinous crimes have been committed. At the same time I believe the punishment should match the crime. This is why I want to give greater discretion to judges. We have also seen changes in recent times for burglary. The maximum sentence is 14 years but for aggravated burglary someone can serve up to life in prison. There are also mitigating factors and repeat offenders. In 2015 we saw changes to the Act, including that bail could be refused. The Judicial Council has established a sentencing guidelines committee. Its first area of work will be on sexual assault. Various areas are being looked at with regard to sentencing, while not forgetting we have a reform programme and a penal policy we need to develop. This is about community involvement and engaging with people, acknowledging the fact that approximately 70% of people in prison have mental health or drug or alcohol problems. There are two sides to this. In the most heinous of crimes, judges should have discretion to impose a more severe sentence and make sure victims and families of victims are not put through the trauma of having to deal with something after 12 years, which is a relatively short period of time.