Róisín Shortall (Dublin North West, Independent)
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707. To ask the Minister for Justice and Equality if she will consider introducing the English and Welsh model of sentencing with starting tariffs outlining minimum sentences in cases of murder or homicide. [32901/14]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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There is a serious question as to whether the model of sentencing used in England, where certain sentences may have both a punitive element/tariff and a public protection element could be consistent with our Constitution.

In this jurisdiction 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.

At present, the average duration of imprisonment as a result of a life sentence, based on those who have been granted temporary release from prison to date, is approximately 18 years. Of course, it must be noted that this is an average and many prisoners subject to a life sentence will be detained for a longer duration.

While I have no plans at present to amend the law to provide for a specific minimum term of imprisonment for murder, I intend to keep the matter under review.

The offence of manslaughter does not attract a mandatory penalty but is punishable by a maximum of life imprisonment. As the Deputy will appreciate, the courts 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. The approach of the Oireachtas has generally been to specify in law a maximum penalty for an offence, so that a court, having considered all the circumstances of a case, may 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. 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 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. ISIS is being developed as a valuable tool not only for members of the judiciary but also for lawyers, researchers and those concerned with the needs of victims and their families. The initiative led by the judiciary through the Judicial Research Office in undertaking the detailed work of gathering and providing information via the website is welcomed.

A Penal Policy Review Group was established in September 2012 by the then Minister for Justice and Equality, Mr. Alan Shatter T.D. The Group was asked to undertake an examination and analysis of all aspects of penal policy including the role of penal policy in crime prevention, sentencing policy, alternatives to custody, prison accommodation and regimes, supports for reintegration and rehabilitation, and the issue of female offenders. The Group has completed its deliberations and recently submitted its final report to me. It is my intention to publish the report today, September 17.