Lynn Ruane (Independent) | Oireachtas source

I move amendment No. 30:

In page 25, between lines 10 and 11, to insert the following:

“Sentencing policy review

24. The Minister shall— (a) not later than 2 years after the enactment of this Act, commence a review of current statutory mandatory, minimum and presumptive sentencing provisions, and

(b) not later than 12 months after its commencement, make a report to each House of the Oireachtas of the findings made on the review and of the conclusions drawn from the findings.”.

Amendment No. 30 would require the Minister for Justice and Equality to review all provisions currently on the Statute Book which require mandatory, minimum or presumptive sentencing of individuals when convicted of certain crimes. This review and its conclusions would then be delivered to both Houses of the Oireachtas in a report. My point in calling for this review is that as we are now looking to a judicial system that will be guided by sentencing guidelines to ensure consistency in sentencing. As the Minister of State will be aware, most countries in which these kinds of set sentencing polices exist are states that do not have such guidelines. Now that such guidelines will shortly be introduced, a review of these provisions seems timely.

When the Oireachtas sets out mandatory, minimum and presumptive sentencing in law it removes the opportunity for judicial discretion and for judges to issue sentences which are sensitive to the details of an individual’s case and circumstances. They are a blunt tool that could do with review and reform in light of the work on sentencing that will be undertaken by the new sentencing guidelines and information committee. The review would take place over two years with a further 12 months given for the drafting of the report and its conclusions. I know this is an issue on which the Minister is keen to make progress but if such a review is given a legislative mandate it would continue even if there was an election or Cabinet reshuffle, which looks likely to happen in the next 12 months. I hope therefore that the Minister of State can accept the amendment.