Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 393: To ask the Minister for Justice, Equality and Law Reform the remission potentialities relating to sexual assault offences. [23357/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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In general, prisoners are entitled to remission totalling one quarter of the sentence imposed by the Courts. There are exceptions to this rule, for example, life sentenced prisoners and persons serving sentences of less than one month, which do not attract any remission. The Courts are aware of the statutory entitlement to remission when passing sentence.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 394: To ask the Minister for Justice, Equality and Law Reform if he will make a statement on sentencing patterns in the area of sexual assault offences. [23358/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions. The traditional approach to sentencing is for the Oireachtas to lay down the maximum penalty and for a court having considered all the circumstances of the case to impose an appropriate penalty up to that maximum. This approach reflects the doctrine of the separation of powers. The Executive lays down the possible punishment range but it is for the Courts to decide the punishment to be applied to the offender taking account of the seriousness of the crime and all the circumstances of the case and of the offender.

Statistics are, of course, compiled by the Courts Service, in relation to the business transacted by the Courts including, inter alia, sentencing, but it is recognised that more focussed information than is at present available is needed to inform sentencing policy. To this end, the Board of the Courts Service has established a Steering Committee chaired by Mrs Justice Susan Denham with the task of planning and providing a system of information about sentencing. The work of the committee is still underway.