Eoghan Murphy (Dublin South East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

To ask the Minister for Justice and Equality his plans regarding new legislation or guidelines dealing with child abuse and rape cases, including improving protection to victims, improving available supports to victims, increasing the number and rotation of judges dealing with such cases, and sentencing guidelines/laws for the perpetrators of such acts. [6573/13]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

There have been considerable advances in recent years in the way in which the criminal justice system deals with such cases. An Garda Síochána puts a particular emphasis on tacking sexual crime and crime against children as well as pro-active cooperation with all relevant Departments, organisations and agencies to improve the safety of children. A comprehensive policy document on the investigation of sexual crimes against children and child welfare was developed by An Garda Síochána with Children First National Guidance 2011 adopted as Garda policy. Interaction with the HSE and Children and Family Services is an integral part of that policy in relation to all investigations of child abuse. I am advised that a strategic committee has been established within an An Garda Síochána, chaired at Assistant Commissioner level, to liaise with the HSE's National Director of Children and Family Services, to ensure that all matters of strategy and policy in the field of inter-agency working receive proper direction.

A Sexual Crime Management Unit has also been established within the Garda Domestic Violence and Sexual Assault Investigation Unit, which is part of the National Bureau of Criminal Investigation. The Unit is responsible for evaluating and monitoring the number of investigations each year into child sexual abuse, child neglect and other sexual offences, to ensure that they are receiving appropriate attention, advising on the investigation of such crimes and promoting best investigative practice. The unit interacts, as appropriate, with contact points in relevant agencies in relation to complaints of sexual abuse made to An Garda Síochána. I am also assured that members of An Garda Síochána and HSE personnel have undergone joint and intensive training in the specialised skills necessary for interviewing children. The Garda College, in conjunction with HSE colleagues, is constantly reviewing the training to ensure it is accordance with best international practice.

Furthermore, given the need for sensitivity and confidentiality surrounding sexual crimes, there is a clear advantage from an investigative perspective both for the victims and for An Garda Síochána in conducting relevant interviews away from Garda stations. A network of dedicated interview suites has been established by my Department and An Garda Síochána in six strategically chosen locations throughout the State which are used by the Garda authorities to record interviews with such victims. The roll out and utilisation of these interview suites is a huge step forward in terms of how child victims of sexual and violent abuse are dealt with by the criminal justice system. The Commission for the Support of Victims of Crime is an independent body which operates under the aegis of the Department of Justice and Equality. It is allocated an annual budget from the Department to provide funding for services and supports to victims of crime. In 2012, it allocated €138,070 to 4 non-governmental organisations who work in the Sexual Violence sector. Funding was granted primarily towards the provision of an accompaniment service for victims of sexual violence attending interviews with An Garda Síochána and attending court. It also allocated €14,000 to CARI (Children at Risk in Ireland) towards the provision of their court support and accompaniment service for children, especially but not exclusively children who are sexually abused. is service also supports non-abusing parents of these children.

The Deputy will appreciate that judges are independent in the matter of sentencing, as in other matters, concerning the exercise of judicial functions, subject only to the Constitution and the law. is also includes the allocation of the business of the courts, scheduling of cases and management of lists which are matters for the judiciary and in particular the Presidents of the courts. In accordance with this principle, the role of the Oireachtas has been to specify in law a maximum penalty and a court, having considered all the circumstances of the case, to impose an appropriate penalty up to that maximum. The court is required to impose a sentence which is proportionate not only to the crime but to the individual offender, in that process identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present.

There are a small number of situations where statute has created exceptions to this approach most notably by providing for mandatory sentences for murder and presumptive minimum sentences in the case of certain firearms and drug trafficking offences. Except for exceptional circumstances, I am of the view that the Oireachtas should be cautious in prescribing mandatory sentences. An important safeguard rests in the power of the Director of Public Prosecutions to apply to the Court of Criminal Appeal to review a sentence she regards as unduly lenient. The Law Reform Commission is currently examining the law in relation to mandatory sentences and I understand this work will be completed this year. The Deputy may be aware that the Law Reform Commission, after detailed study some years ago, recommended against the introduction of statutory sentencing guidelines but favoured non-statutory sentencing principles.

The Superior Courts have developed a substantial body of case law setting out general principles of sentencing. Sentencing practice is also being developed by a steering committee of the judiciary which developed the Irish Sentencing Information System (ISIS) website, a pilot initiative designed to gather information about the range of sentences and other penalties that have been imposed for particular types of offences across court jurisdictions. Information on over 1,000 cases is detailed on the website and the Committee recently announced that it is shortly to recommence populating the online database with information on sentencing in the criminal courts. The Deputy may be aware that the ISIS committee also announced they are planning to recommence providing information on sentencing in relation to specific issues in which context an analysis has been published on rape sentencing prepared by the Judicial Researchers Office under the guidance of Mr. Justice Peter Charleton. I understand that seminars are also planned, including one focusing on the work of the Sentencing Council in the UK. Finally, as the Deputy may be aware, in September 2012, I announced a strategic review of penal policy. I have established a working group to carry out this review which will examine all aspects of penal policy and I expect the Group to report later this year.