Bernard Durkan (Kildare North, Fine Gael)
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Question 293: To ask the Minister for Justice, Equality and Law Reform if plea bargaining in serious criminal cases as applicable in other jurisdictions has been studied with a view to limited introduction here; and if he will make a statement on the matter. [40676/09]

Dermot Ahern (Louth, Fianna Fail)
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I can confirm that the question of plea bargaining and the factors that might be relevant to its operation in this jurisdiction have been reviewed, most notably by the Law Reform Commission in its 1996 Report on Sentencing. The Commission decided against making any recommendations on legislation in the area of plea negotiations.

The current practice is set out in the Director of Public Prosecutions' Guidelines for Prosecutors. I refer the Deputy to chapter 10 of those Guidelines. These Guidelines are available on the Director of Public Prosecution's website.

The criminal law already makes a limited allowance where the defendant enters a guilty plea. Section 29 of the Criminal Justice Act 1999, together with some more specific provisions such as section 27(3D)(b) of the Misuse of Drugs Act 1977, provide that an early plea of guilty should, as a general rule, be taken into consideration by the court when determining the appropriate sentence (in cases other than where the sentence is fixed by law). I have no plans to alter the current arrangements.