Tony Gregory (Dublin Central, Independent)
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Question 481: To ask the Minister for Justice, Equality and Law Reform the length of sentence given to a person (details supplied) for drug supply; the amount of the sentence served to date in 2005; the number of temporary releases granted to this person to date in 2005; if the Garda was consulted on the advisability of such releases; and the reason for the granting of temporary releases in each case. [33876/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person referred to by the Deputy was sentenced to six years' imprisonment, with the final year suspended, on 15 January 2004. With standard remission she is due to complete her sentence on 15 October 2007. In common with other persons serving prison sentences, contact occurred between prison service headquarters and gardaí on a number of occasions and at appropriate times since her committal to prison. The person referred to has been granted a number of periods of release in 2005, for valid compassionate and rehabilitative reasons, as set out as follows.

The training course is a 16 week programme recommended by the local prison review committee with a view to redirecting the prisoner towards qualifying for eventual employment post release. Release is tightly controlled and any breach would have negative consequences for the prisoner. To date no problems have been reported. Participation in this course is no indication of future early release.

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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Question 482: To ask the Minister for Justice, Equality and Law Reform the number of rape cases which have been reported to the Garda in each of the past ten years; the percentage of those cases which have been taken to court; his views on whether it is time that victims were allowed to have legal representations in these cases and that the Director of Public Prosecutions or his representative should have some discussion with the victim or their legal representative; his further views on whether judges should retain their independence or else be accountable for their comments and sentencing; and if he will make a statement on the matter. [33906/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I have made inquiries with the Garda authorities on the information sought by the Deputy. The following table shows the number of allegations of rape of a female and rape section 4 of the Criminal Law (Rape) (Amendment) Act 1990 reported to the Garda Síochána for the years 2000 to 2004 and up to 31 October 2005 and the percentage of such cases prosecuted. The figures provided for 2004 and 2005 are provisional, operational and liable to change. It should also be noted that a number of cases are currently with the Director of Public Prosecutions awaiting his decision. Figures for the years prior to 2000 are not readily available and could only be provided by a disproportionate expenditure of Garda time and resources.

The Sex Offenders Act 2001 provides for separate legal representation for complainants in rape and other serious sexual assault trials where an application is made to the court in the course of the trial to adduce evidence or cross-examine on the subject of the complainant's past sexual history. This legal aid service is not subject to a means test and no contribution is payable. When preparing this legislation the legal advice available to my Department was that there would be constitutional impediments to full separate legal representation for the duration of a trial. The measures in the 2001 Act represent a serious effort to allay some of the concerns of complainants in such trials without breaching a fundamental principle, the right of an accused person to a fair trial.

Legal advice, as opposed to representation, is also available, through the Legal Aid Board, to complainants in rape and certain sexual assault cases. This service is currently subject to a means test and persons who satisfy the financial eligibility criteria are provided with this legal advice free of charge. I have decided in principle that this service should be provided without a means test and I intend that a provision to give effect to this will be included in a suitable legislative instrument at an early date. The traditional approach to sentencing is for the Oireachtas to lay down by law the maximum penalty appropriate to a particular offence and for the courts, having considered all the circumstances of a case, to impose an appropriate penalty up to that maximum. This approach reflects the doctrine of the separation of powers — the courts are, subject only to the constitution and the law, independent in the exercise of their judicial functions. The Legislature lays down the possible punishment range but it is for the courts to exercise discretion in deciding the punishment while taking account of all the circumstances of the case and of the offender.

The complex question of sentencing policy was addressed at length by the Law Reform Commission in its report on sentencing which specifically recommended against the introduction of statutory sentencing guidelines. The report pointed out a number of differences of opinion among members of the commission regarding some of the recommendations in the report which tend to underline the clear complexities which arise in relation to sentencing policy.

I note the recommendation made by the commission against the introduction of statutory sentencing guidelines. Statutory guidelines would involve an undue interference in the independence of the Judiciary. The decision on what kind of sentence to impose is a judicial determination and, save only in exceptional circumstances such as murder, major drug trafficking and certain firearm and explosives offences, I am of the view that the Oireachtas should generally be cautious in prescribing minimum sentences. The issue of sentencing was addressed in the recent report of the working group on the jurisdiction of the courts. The group, while it did not make final recommendations, drew attention to possible options to promote consistency of sentencing which are being considered in my Department in consultation with the Courts Service.

I believe that the courts in such cases are in the best position to see just what is the proper sentence as they alone can take all the circumstances in a particular case into account. My Department is currently engaged in drafting legislation on judicial conduct and ethics. It is proposed that the Bill in question will establish a judicial council with responsibility for such matters. With regard to the issue of the Director of Public Prosecutions, due to the independence of the director, it would not be appropriate for me to comment on the issues raised by the Deputy.