John McGuinness (Carlow-Kilkenny, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

595. To ask the Minister for Justice and Equality his views on the submission made to him relative to AdVIC; and if he will make a statement on the matter. [19479/14]

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

The range of proposals neatly summarised in the AdVIC submission have been brought to the attention of my Department a number of times in recent years. They are being considered as part of legislative and other proposals as follows.

Homicide

The mandatory sentence for murder is life imprisonment, as provided by section 2 of the Criminal Justice Act 1990. A sentence of life imprisonment means that the prisoner is subject to that sentence for the rest of his or her life. Such a prisoner has no right to be released early at any stage. If granted temporary release, the prisoner remains subject to the life sentence and can be recalled to prison at any stage. The Deputy will understand that imposing multiple life sentences, whether concurrently or consecutively, therefore does not increase the severity of the sanction and would have no effect in practice or in law.

Concurrent sentencing

In September 2012, I announced the establishment of a Working Group to conduct a Strategic Review of Penal Policy. The Working Group has been asked to carry out an all encompassing strategic review of penal policy incorporating an examination and analysis of all aspects of penal policy including sentencing policy. As part of this Review, the Working Group has consulted widely and I understand has met with members of victims groups including AdVIC. This Review is ongoing and I expect that the Working Group will report to me shortly.

Bail

The drafting of the General Scheme of a Bail Bill to modernise the law on bail is at an advanced stage in my Department. I intend to bring proposals to Government on the matter in the first half of this year, if possible, having regard to other legislative priorities. Issues relevant to the concerns of AdVIC regarding bail law will, as far as is possible, be addressed in the proposed Bail Bill. However, I should point out that it may not be possible to take on board all of AdVIC’s proposals for changes to the bail laws. For example, a blanket ban on persons charged with murder applying for bail would not be compatible with the Constitution or the European Convention on Human Rights.

Compensation

As the Deputy will be aware among the proposals that I put before the Select Committee on Justice, Defence and Equality in relation to a Supplementary Estimate for the Justice Votes Group 2013 on 20 November 2013 included the Vote for the payment of compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted. I indicated at that time that I was in the process of considering detailed proposals in relation to the overhaul of the operation of the scheme including the placement of the Scheme on a statutory basis, alternative streamlined administrative arrangements and other revisions necessary to bring the Scheme into line with modern governance practices and financial procedures.

I can inform the Deputy that the proposals contained in the submission from AdVIC will receive very serious consideration in relation to provision of compensation in fatal cases where the offender and victim were living together at the time of the incident.