Richard Bruton (Dublin Bay North, Fine Gael)
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21. To ask the Tánaiste and Minister for Justice and Equality if she will outline the work that her Department has done on the appropriate levels of sentencing as embodied in our laws and in the practice of the Courts; and if she will outline the changes that are needed and anticipated. [60452/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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While the judiciary are independent in the matter of sentencing, subject only to the Constitution and the law, the Oireachtas has a role in relation to setting maximum sentences. In some cases, presumptive minimum sentences have also been set out in legislation, however these are currently being reviewed under a provision contained in the Judicial Council Act 2019.

In relation to maximum sentences, the government are proposing to make a number of changes. These include:

Increasing the maximum sentence for assault causing harm from 5 years to 10 years

Increasing the maximum sentence for conspiracy to murder from 10 years to life

The Judicial Council Act 2019 provides for a range of matters, including the development of schemes for judicial education and training and sentencing guidelines, to support consistency in sentencing.

Under the 2019 Act, a new Sentencing Guidelines Committee has been established by the Judicial Council which includes a number of lay members.  It is important to note that the Judicial Council is an independent body.

The Committee is responsible for compiling guidelines with a view to establishing parameters and norms to help guide a judge while sentencing.  The Judicial Council is also putting in place a Sentencing Information Committee, a function of which will be to collate and disseminate information on sentencing in respect of criminal offences.

While the guidelines are intended to support consistency, the Deputy will appreciate that, in imposing a sentence, a court is required to impose a sentence which is proportionate, not only to the crime but also to the offender, based on the facts heard in each individual case. The courts are also required to hear from victims in certain cases where they may wish to make a victim impact statement.

It is important to note that there is a clear safeguard rested in the power of the DPP to apply to the Court of Criminal Appeal to review a sentence she regards as unduly lenient. Over the last 10 years, the DPP has exercised this power on 400 occasions, 260 were successfully appealed in the same period.