Michael McDowell (Dublin South East, Progressive Democrats)
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The Deputy will appreciate that I cannot comment on individual cases. The Courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and members of the Executive are precluded from intervening. 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.

As I have previously stated my preference, in regard to sentencing policy, lies in the development of an effective sentencing jurisprudence from the courts themselves and that collectively and individually the independence of the judiciary is an important value which is enhanced rather than damaged by collective measures taken by the judiciary to ensure consistency, rationality and coherence in sentencing. A very significant step in the area of sentencing was the decision by the Board of the Courts Service to establish a Steering Committee to plan for and provide a sentencing information system. The Committee, which is composed of four members of the Judiciary and an academic expert, reviewed systems of this nature around the world and decided to establish a pilot project in the Circuit Court in Dublin. Two researchers have begun to collect and collate information on sentencing outcomes in cases on indictment in designated courts in accordance with criteria specified by the Committee.

The Criminal Justice Act, 1993 provides that the Director of Public Prosecutions may, where it appears to him that a sentence imposed on indictment is unduly lenient, apply to the Court of Criminal Appeal to review the sentence. The Director of Public Prosecutions is, of course, totally independent in the carrying out of his functions.