Grace O'Sullivan (Green Party) | Oireachtas source

I welcome the Minister. I have consulted with my Civil Engagement colleague, Frances Black, who is a member of the Joint Committee for Justice and Equality. At present in Ireland a murder conviction carries a mandatory life sentence. However, the length of time served in a prison can vary greatly depending on a range of factors, including the circumstances of the case and the operation of executive mechanisms that regulate the custodial process. This tends to create a sense of uncertainty around sentencing in murder cases, and it is not clear how long a person will actually spend in prison. In 2013 the issue of murder sentencing and the duration of custodial periods following murder convictions were examined by the Law Reform Commission and it recommended that legislation should be introduced to allow the court to recommend a minimum term to be served by an offender upon conviction of murder. The Minimum Custodial Period upon Conviction For Murder Bill 2017 seeks to rectify the current situation and create certainty around murder sentencing. The Bill provides a framework for the court to determine the length of time a person convicted of murder will serve in prison before being considered for remission, parole or early release. The introduction of suggested minimum custodial periods of sentencing will categorise a murder offence dependent on its severity. The court will use its discretion to decide a minimum custodial sentence to be served within the framework of categorisation contained within the Bill.

I do not recognise that the Bill sets out a clear enough framework for the categorisation of the nature of the offences committed. However, it does require that the court outlines clearly the reasons for the categorisation of such offences. This will serve to underline the seriousness of the offence of murder in the eyes of the public. It will also create greater certainty around murder sentencing.

There are a number of aspects of the Bill that may be a cause for concern. While the minimum custodial periods set out in the Bill in section 5, the most serious category upon conviction, and section 6, serious category upon conviction, will certainly be applicable in some cases, the general trend in the Bill towards longer custodial sentences seems to go against the general recommendations of the Irish Penal Reform Trust, IPRT, which recommends a reduction in the emphasis on prison time. The IPRT is resolutely against mandatory sentencing up to and including the life sentence for murder, and believe it should be repealed. Mandatory sentencing is a blunt instrument which always results in unequal justice. There is scant evidence, nationally or internationally, that mandatory sentencing is effective in reducing crime. Also, a recommended minimum custodial period of 25 years for those convicted of offences falling within section 7 - other cases of murder upon conviction - seems to be severe. While I accept that there does not seem to be a limit placed by the Bill on the court's discretion in such cases, 25 years in prison is above the average amount of time that those given life sentences currently serve in prison, which is 20 years. My worry would be that the unintended consequences of the Bill would be an increase in the prison population or a sharp increase in convictions for manslaughter as a result of guilty pleas in order to avoid minimum custodial periods. The case for mandatory sentencing for manslaughter will be put forth, and the IPRT has also expressed its opposition to this.

Another concerning aspect is that as the framework sets out to determine the length of time a person convicted of a murder will serve in prison before being considered for remission, parole or early release, this goes against the possibility of prisoner rehabilitation or the prisoner having the opportunity to make positive change in their life. The IPRT states that the emphasis in the courts should instead be on non-custodial sanctions, including community service, restorative justice, community drugs courts, intensive mentoring and bail supports which are more cost effective and less damaging to families and communities, with lowering re-offending rates. Although at present those serving time in prison for murder do not take up a sizeable proportion of the prison population, another concern of mine would be that the Bill would serve as a precedent and that minimal custodial periods would be made applicable upon conviction for other crimes, as is the case in other countries.The introduction of minimum custodial sentences in the US for relatively minor crimes has led to a sharp rise in the prison population. The handing down of longer custodial sentences has been identified as a primary contributor to the rise in the US prison population. This would have the effect of increasing the prison population which has been proven to be negative for society in the long term. Therefore, I would prefer to see the minimum custodial periods in sections 6 and 7 set lower with the court given extended scope to increase the custodial periods up to ten years.