Micheál Martin (Cork South Central, Fianna Fail)
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Question 155: To ask the Minister for Justice and Equality the position regarding the crime prevention officer position in County Tipperary; if he intends to fill this post; the cost of the position; the current arrangements for crime prevention in County Tipperary; the amount spent on those provisions; and if he will make a statement on the matter. [4252/12]

Alan Shatter (Dublin South, Fine Gael)
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The Deputy will be aware that the Commissioner, in consultation with his senior management team, is responsible for the detailed allocation of resources, including personnel, throughout the organisation, and I have no function in the matter. Garda management closely monitors this allocation of resources, including transfers and retirements, in the context of crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level, to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public.

I am informed by the Garda authorities that the cost to the State of providing a Crime Prevention Officer consists of an annual salary at Sergeant rank which is in the range of €44,725 - €53,119 and a Crime Prevention Allowance which is set currently at €30.90 per week. This does not include the allowances, such as rent or uniform etc., which are available to all members. I am further advised that the crime prevention function of An Garda Síochána being provided to the community in Tipperary has not been adversely affected as crime prevention and personal security advice is being provided by appropriate Divisional resources and where more in-depth specialist advices are required, the services of the Divisional Crime Prevention Officer from the neighbouring Waterford Garda Division are utilised.

The cost of bringing a Crime Prevention Officer from Waterford to the Tipperary area comprises of occasional travel and subsistence expenses payable at the normal public service rates as applicable for An Garda Síochána and any overtime expenditure which may be incurred in respect of extra duties as required. A detailed breakdown of this expenditure is not readily available.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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Question 181: To ask the Minister for Justice and Equality the number of mandatory sentences passed by the courts during each of the past five years. [4299/12]

Alan Shatter (Dublin South, Fine Gael)
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Under the provisions of the Courts Service Act 1998, the Courts Service is independent in the performance of its functions including the provision of statistical information. The Deputy will also appreciate that judges are independent in the matter of sentencing as they are in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law.

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. There are a small number of situations, however, where statute has created important exceptions to this approach. There is a strictly mandatory sentencing requirement for murder and other provisions, relating to drug trafficking and firearms offences where a mandatory minimum sentence applies.

Where the court is satisfied that there are exceptional and specific circumstances which would make a particular minimum sentence unjust, a lesser sentence can be applied. The type of circumstances which a court may consider would include whether and when the accused pleaded guilty and whether they assisted the investigation of the offence. In the case of certain second and subsequent drug trafficking or firearms offences the mandatory minimum sentence must be applied.

In order to be of assistance to the Deputy I have made enquiries and from the statistics available, the Courts Service has informed me that 84 mandatory life sentences were imposed by the Central Criminal Court during the last five years for which figures are available. A detailed breakdown of the figures is set out in the table.

Section 27 of the Misuse of Drugs Act 1977, as amended, provides for a mandatory minimum sentence or to give it its more correct name, presumptive minimum sentence, of not less than 10 years imprisonment for certain offences. The table below provides the Deputy with a breakdown of the number of convictions under the Act in the Circuit Court, and the number of cases where a sentence of 10 years or more was imposed during each of the last five years for which figures are available.

*The Deputy should note that the number of cases where a sentence of 10 years or more was imposed includes cases where part of the sentence was suspended or conditions were to be met.

In the case of firearm offences, the Courts Service has informed me that court statistics on presumptive minimum or mandatory minimum sentences are not maintained. I should add that the Law Reform Commission has recently published a consultation paper on this subject. I look forward to receiving the recommendations of the Law Reform Commission in due course and those recommendations will be given full consideration.