Terence Flanagan (Dublin North East, Independent)
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151. To ask the Minister for Justice and Equality her plans to review the sentencing laws in this country, and introduce mandatory sentences; and if she will make a statement on the matter. [8714/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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There is a mandatory sentence for murder and there are presumptive minimum sentences for a number of offences. However in general the legislature sets out the maximum sentence that can be imposed and it is then a matter for the judiciary to decide what is the appropriate sentence in a particular case taking into account all the circumstances.

The Superior Courts have developed a substantial body of case law setting out general principles of sentencing. Information on sentencing is also being developed by a steering committee established by the Courts Service Board and chaired by the Chief Justice. This Committee, the Irish Sentencing Committee oversaw the development of a Sentencing Information 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. The website is being developed as a valuable tool not only for members of the judiciary but also for lawyers, researchers, those concerned with the needs of victims and their families and members of the public. I am informed that this website is being re-launched shortly.

The Law Reform Commission looked at the issue of mandatory sentences in detail in their report LRC 108- 2013. They were in favour of retaining the mandatory sentence for murder. However they were of the view that for other offences, mandatory sentencing regimes are too rigid and have not been shown to be effective in reducing offending. They recommended that presumptive minimum sentences should not be extended and that existing provisions should be repealed.

The Strategic Review of Penal Policy report published in July 2014 made a number of recommendations about sentencing. In particular they recommended that no further mandatory sentences or presumptive minimum sentences be introduced and existing provisions should be reviewed.

I am looking at the question of sentencing legislation in the light of these two reports.