Patrick Costello (Dublin South Central, Green Party)
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582. To ask the Tánaiste and Minister for Justice and Equality if his Department will carry out a full review of justice systems sentencing, particularly in relation to minimum sentences for domestic violence and sexual abuse cases; and if he will make a statement on the matter. [15232/23]

Simon Harris (Wicklow, Fine Gael)
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Government is committed to combatting all forms of domestic, sexual and gender-based violence. This includes both supporting those who are victims of these terrible crimes and having in place the most appropriate legislative provisions so as to hold perpetrators to account.

When it comes to cases of sexual assault, the most serious offence, rape, carries a sentence of up to life in prison. Information from the Court Service show that in 2021 – the most recent year that statistics have been completed for – there were 110 sentences of more than 10 years handed down for rape convictions, and 51 sentences of more than 10 years for sexual offences convictions.

In cases of domestic violence, Section 40 of the Domestic Violence Act 2018 provides that where offences involving physical or sexual violence are committed in the context of a marriage, civil partnership or an intimate and committed relationship, that fact shall be an aggravating factor at sentencing.

I can assure the Deputy that I am committed to further strengthening our law in this area, including by introducing standalone offences of stalking and non-fatal strangulation. While both are already offences under Irish law, the introduction of new standalone offences will, I hope, encourage more victims to come forward and seek the justice they deserve.

In addition, I am doubling the maximum sentence for assault causing harm – one of the most common crimes committed in domestic violence incidents.

The introduction of these new measures forms part of the Government’s zero tolerance approach to domestic, sexual and gender based violence, and is a key action in the Third National Strategy.

As the Deputy will be aware, the standard approach with regard to sentencing provisions in criminal legislation is for the Oireachtas to specify the criminal offence concerned and the maximum penalty that may be imposed on persons found guilty of the offence.

It is then a matter for the sentencing Judge to consider the penalty that should be administered in individual cases, having regard to all of the facts and circumstances involved.

The court is required to impose a sentence which is proportionate not only to the crime but also 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.

This is consistent with Article 34 of the Constitution, which provides for the administration of justice by the Courts.

An exception to this principle applies in the case of section 2 of the Criminal Justice Act 1990, which provides for a mandatory sentence of life imprisonment for a person convicted of treason or murder.

When it comes to setting mandatory minimum sentences for other offences, I wish to advise the Deputy that, in accordance with Section 29 of the Judicial Council Act 2019, my Department has commenced a review of minimum sentences for offences and I hope to be in a position to provide this to the Oireachtas soon.

As regards sentencing more generally, the Judicial Council has established a Sentencing Guidelines and Information Committee. Further information on the Judicial Council and its Committees is available on the Council’s website at www.judicialcouncil.ie.

Neither I nor the Department has any involvement in the work of the Judicial Council or its Committees.