Terence Flanagan (Dublin North East, Independent)
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364. To ask the Minister for Justice and Equality her views on a matter (details supplied) regarding homicide; and if she will make a statement on the matter. [5974/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I will shortly be meeting with representatives of AdVIC, Advocates for Victims of Homicide, to hear from them first hand about their proposals for policy change. In relation to the items listed in the Deputy's question I reply under the following headings.

1. A state appointed victim liaison officer for families of homicide victims

I am not satisfied that the operation of a separate scheme parallel to the existing Garda Family Liaison Officers would prove in the best interests of providing an effective service in this area.

2. Garda Family Liaison Officer (FLO) scheme to be extended to all districts and FLOs to be given continuous training

I understand that the Garda Family Liaison Officer scheme is available in all districts and that Family Liaison Officers receive initial training.

3. Victim impact statement for all homicide victims

When an offender has been convicted of murder or manslaughter representatives of the family of the deceased victim may make a victim impact statement prior to sentence being passed. There is no requirement on a family to make such a statement and where a statement is not made no inference may be drawn by the court that the offence had little or no impact. If a judge thinks it is appropriate, the judge may allow a victim impact statement in other cases, for example a fatal road traffic incident.

4. Definition of manslaughter and murder to be changed to murder by degree

5. Minimum of 25 years imprisonment for first degree murder

6. Defined sentencing scales for other degree murder convictions

9. Revision of concurrent sentences

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. Currently a person sentenced to life is, on average, likely to spend 17-18 years in prison before receiving any extended period of temporary release.

The imposition of multiple life sentences, whether concurrently or consecutively, in a case where more than one murder is committed in the same incident, does not increase the severity of the sanction and has no such effect in practice or in law.

The offence of manslaughter does not attract a mandatory sentence 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 statute 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 prescription of mandatory prison terms in legislation is an exception to this general approach. I would draw the Deputy's attention to the Law Reform Commission 2013 Report on Mandatory Sentences, which recommends the repeal of existing presumptive mandatory minimum sentence provisions for various drugs and firearms offences. I would also draw the Deputy's attention to the Report on the Strategic Review of Penal Policy, published in September, which recommended that no further mandatory sentences or presumptive minimum sentences should be introduced.

I have no plans at present to amend the law to provide for a specific minimum term of imprisonment for murder or to replace the offence of manslaughter with offences of different degrees of murder.

7. Bail laws to be tightened and implemented by the judiciary

A decision to grant bail in a particular case is a matter for the court, which is, subject only to the Constitution and the law, independent in the exercise of its judicial functions. There is a constitutional presumption in favour of bail because, in the eyes of the law, a person is innocent until proven guilty. The provisions of the European Convention on Human Rights also restrict the extent to which the right to bail can be limited.

Prior to the Sixteenth Amendment of the Constitution, bail could be refused essentially only on the grounds that the accused person would be likely to abscond or interfere with witnesses or evidence. Section 2 of the Bail Act 1997, which gave effect to the Sixteenth Amendment of the Constitution, permits the courts to refuse bail to a person charged with a serious offence where refusal of bail is reasonably considered necessary to prevent the commission of a serious offence by that person. A “serious offence” is an offence listed in the Schedule to the Bail Act that is punishable by at least five years imprisonment.

As regards reform of the bail laws, I can inform the Deputy that the preparation of the General Scheme of a Bail Bill to modernise the law on bail is at a very advanced stage and I intend to bring proposals to Government on the matter in the coming weeks.

While the primary aim of the proposed Bail Bill is to consolidate and update bail law, I wish to take the opportunity to seek, as far as is possible, within the constraints of the Constitution and the jurisprudence of the European Court of Human Rights, to focus the legislation on the protection of the individual and of the public. The intention is that the new provisions will provide better guidance to the courts on how such protection might be provided. The new Bill will seek to improve the operation of the bail system and make the law as effective as possible in protecting the public against the commission of offences by persons on bail.

8. Parole and release

In September last year I published the report of the Penal Policy Review Group which was tasked with carrying out a strategic review of penal policy. As an initial step, the Government agreed, in principle, last November to proceed immediately with the bringing forward of legislative proposals to establish the Parole Board on an independent statutory basis. I believe this will help to strengthen the Board and improve its functions. My Department is currently considering the matter in more detail ahead of presenting proposals for legislation.

10. Revision of article 10 of the Criminal Injuries Compensation Scheme

Section 10 of the Criminal Injuries Compensation Scheme is being examined as part of an overall review of the Scheme itself which is currently underway in my Department.