Terence Flanagan (Dublin North East, Independent)
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136. To ask the Minister for Justice and Equality the position regarding a meeting (details supplied); and if she will make a statement on the matter. [25483/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I met with representatives of AdVIC (Advocates for Victims of Homicide) on the 19th of February, 2015 to hear from them first hand about their proposals for policy change and to discuss administration of the organisation. The ten issues outlined in the Deputy's Parliamentary Question of 10 February 2015 formed the agenda for the policy element of my discussions with the group. Having carefully listened to their proposals on the issues raised at the meeting, I explained my views to them.

Sentencing was the main issue discussed. I explained that the mandatory sentence for murder is life imprisonment, as provided by section 2 of the Criminal Justice Act 1990. I also explained that 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 time. 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. This means that 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.

On the offence of manslaughter, this does not attract a mandatory sentence but is punishable by a maximum of life imprisonment. I explained that 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 and that 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. I stated that 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.

In terms of bail law, 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 because of the constitutional presumption in favour of bail which arises from the fact that, in the eyes of the law, a person is innocent until proven guilty. The provisions of the European Convention on Human Rights also restricts the extent to which the right to bail can be limited.

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. Some revised provisions (adjusted to take account of the Attorney General's advice on the draft General Scheme) were sent to the Office of the Attorney General last month and a response is awaited. Following consideration of these issues it is expected that Government approval for the General Scheme will then be sought and the General Scheme will be published.

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.

Finally, in terms of parole and release, I can advise the Deputy that proposals are currently being prepared to establish a Parole Board on a statutory footing.

In September 2014 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 in November 2014 to proceed with the implementation of a number of key recommendations, including the bringing forward of legislative proposals to establish a Parole Board on a statutory footing.

Work is underway on the preparation of a General Scheme and will be submitted to Government for consideration in due course.