Helen McEntee (Meath East, Fine Gael) | Oireachtas source

I thank the Senator for raising this issue. It is because he raised it that these changes are being made. The Minister, Deputy Harris, previously gave a commitment that amendments would be tabled. As the Senator said, there is a lacuna in the law. Looking at it in practice, there are very few children that receive a life sentence but, as the Senator said, there can be transitional cases where someone turns 18 or 19 years during a case or a case may even occur many years later.

There is also another element we need to look at, namely, where a judge hands down a sentence and a review timeline. We must look at whether judges have the power to do that. There are, therefore, a number of areas we need to look at in this regard.

I thank the Senator for raising this matter. It is for that very reason that these amendments have been proposed. I will outline amendments Nos. 27 and 28. Amendment No. 27 essentially provides for the same legal provisions, as I have outlined. Amendment No. 28 provides for necessary transitional provisions, as the Senator mentioned. This will ensure the proposed sentencing regime is applied to any outstanding appeals that have yet to be heard and any appeals that may have been heard but where final judgment has not been given.

Amendment No. 27 essentially provides for the same legal provisions, as I have outlined, but deals with DPP appeals against the leniency of a sentence. The net result is the same as provided for in amendment No. 28. A similar exception is provided ensuring that where the DPP appeals an initial sentence in respect of a child who has been convicted of treason or murder, it does not result in the imposition of a mandatory life sentence when the appeal is determined if the person has reached the age of 18. Therefore, the same transitional provisions are also provided for here.