Brian Stanley (Laois, Independent)
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117. To ask the Tánaiste and Minister for Justice and Equality the progress regarding the term of review on the use of concurrent and consecutive sentencing guidelines for judges; and if he will make a statement on the matter. [12368/25]

Brian Stanley (Laois, Independent)
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My question is about the progress being made on the review of concurrent and consecutive sentencing. I have discussed the need for movement on this with the Minister outside the Dáil Chamber previously. It is not about locking people up and throwing away the key, but we need some common sense in the sentencing guidelines.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The Deputy will be aware that sentencing is a complex matter, but people want to see some consistency in sentencing. I want to see that as well. The mechanism by which we are seeking to achieve this was set out in the Judicial Council Act 2019, under which there is a procedure for the Judiciary to set out sentencing guidelines. I look forward to receiving those sentencing guidelines from the Judiciary, as they will improve consistency throughout the course of imposing sentences.

We also need to be aware that concurrent and consecutive sentences are options available to judges. Under our law, consecutive sentences can be imposed by the courts. In fact, the Oireachtas has mandated that, in certain circumstances, there should be consecutive sentences. For instance, in reference to Deputy Carthy's question earlier, if people commit a serious offence while on bail, the law dictates that they receive a consecutive sentence. That is provided for in the Criminal Justice Acts. It is also the case that, if people commit an offence while serving a sentence for another offence, for example, if they are out on temporary release, that should result in a consecutive sentence as well.

I appreciate the concern Deputies and victims and their families have when they see a concurrent sentence being imposed in respect of different offences. The message that goes out is that there was no real sentence for the offence committed against the victim because the person was already serving a sentence in any event. That is not what the law seeks to achieve. Judges sometimes look at the issues in terms of the totality of what occurred. In circumstances where there is one offence and a series of convictions in respect of it, concurrent sentences are probably appropriate. However, where the offences are separate, it is my view that consecutive offences are appropriate.

Brian Stanley (Laois, Independent)
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I thank the Minister for his reply. He outlined that there is provision in law for consecutive sentencing and that he is of the opinion that should happen for serious offences. However, in the recent case of Joe Drennan - a young man from near Mountrath in County Laois, where I come from, who was mowed down at a bus stop coming home from work - the driver of the car had 46 previous convictions. He fled the scene. He received a concurrent sentence, which means that he will not serve one additional hour in prison for the killing of the young man. That is shocking. Young Joe Drennan lost his life. His family lost him. There has been a strong campaign in the county to have this reversed. I welcome that the DPP is now appealing the decision.

However, while the Minister says the provision is there in law, it is not being taken on board in some of the courts. In a case like this where a person is up on serious charges, including shooting up a house, it is clear there should be concurrent sentencing and there needs to be clear guidelines on it.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I am aware of the tragic case of Joe Drennan. I am not going to talk about it, as I am sure the Deputy can appreciate. The matter is being appealed by the DPP to the Court of Appeal and it would be inappropriate for me to say anything in respect of it.

I will speak in general terms about where multiple offences have been committed. Sentences imposed in response to multiple offences can be imposed concurrently, consecutively or a combination of both. Offences committed while on bail, in custody or while a suspended sentence is in place attract consecutive sentences. That is provided for expressly in legislation. Section 11 of the Criminal Justice Act 1984 states, as I said previously, that if a person commits an offence while on bail, the sentence should run consecutively. There is also section 13 of the Criminal Law Act 1976, which states that if a person commits an offence while serving a sentence, such as a suspended sentence, the sentence should run consecutively. More recently, the Criminal Justice (Burglary of Dwellings) Act 2015 provides for consecutive sentences in relation to certain burglary offences. The law provides for it, therefore, but I appreciate and understand the Deputy's concern.

Brian Stanley (Laois, Independent)
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I thank the Minister for his reply. When we discuss this previously, he indicated that a review was under way or getting under way. While I accept that it is there in law and welcome the clarification regarding the 1984 Act, the Minister, who was until recently a practising barrister, will know from the courts that it is clear there is a consistency problem. He used the word himself and that is what we need to address here. Of course the courts need flexibility and need to be separate from the Oireachtas, but the Department has a responsibility to monitor what is happening at some level in the courts and where there is a complete breakdown in consistency and sentences that are off the Richter scale, such as in the Joe Drennan case, it shows we have a problem and judges need to be clear the sentencing needs to match the crime. That is what I am asking for.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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In general, there is consistency throughout the criminal justice process when it comes to the imposition of sentences. We do not hear about it because it does not give rise to public controversy but consistency is very important. That consistency will be increased and improved when we see judicial guidelines being put forward by the Judicial Council. However, we need to recognise that sometimes - and I am not speaking about any particular case - judges make mistakes and that is why we have the appeals structure that exists. The appeals structure is there to correct mistakes that are made by lower courts. Thus there are systems in place to ensure that if there is a misapplication of the law by a court, it is corrected on appeal. I am very conscious of the responsibility we are asking the Judiciary to perform in respect of sentencing guidelines. I am especially interested in seeing that and the public will also be interested in seeing what the guidelines for certain types of offences are. Serious offences merit serious sentences. However, we must also recognise sentencing is complex. A judge must take into account a number of factors before imposing a sentence.