Written answers
Wednesday, 5 February 2025
Department of Employment Affairs and Social Protection
Sentencing Policy
Pa Daly (Kerry, Sinn Fein)
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790. To ask the Tánaiste and Minister for Justice and Equality if consideration has been given to the formation of a special, expert committee to consult on the delivery of sentencing guidelines for a particular crime area within a certain timeframe; if any additional measures will be taken on sentencing together with the measures outlined in the draft Programme for Government sentencing guidelines; and if he will make a statement on the matter. [2287/25]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The Judicial Council Act 2019 provided for the establishment of an independent Judicial Council, and, within that body, a Sentencing Guidelines and Information Committee. The Sentencing Guidelines and Information Committee (SGIC) was established on 30 June 2020. Its functions include the preparation of draft sentencing guidelines and the monitoring of the operation of those guidelines, together with the collation of information on sentences imposed by the courts and the dissemination of that information to judges and others.
Under section 6 of the Judicial Council Act, the Judicial Council is independent in the exercise of its functions, and as Minister, I have no role in relation to the operation of the Judicial Council or its Committees.
I am advised that the Committee intends to produce guidelines for specific offences and classes of offences, as is contemplated by section 91(1) of the Judicial Council Act 2019. Two areas were identified as important, both by serving judges and by the members of the Committee, and these have been prioritised. Those areas consist of offences of domestic violence/violence in the context of a relationship and fatal driving offences.
In respect of progress on the set of guidelines for offences of domestic violence/violence in the context of a relationship, the Judicial Council, in order to inform this work, engaged Southeastern Technological University to carry out a research project with judges in the District Court. The final draft of that report was published in December 2024 and the Committee has accepted its key recommendations relating to the sentencing of relationship violence in the District Court.
I am further advised that the Committee intends to proceed to the next phase of Guideline development, which will involve consultation with stakeholder organisations and experts, after which the Committee will proceed to provide draft guidelines to the board of the Judicial Council under section 23(b) of the Act.
It is expected that the Committee will be in a position to produce draft guidelines on fatal driving offences relatively shortly after the production and submission of the guidelines on domestic violence/violence in a relationship. Thereafter, it is proposed to produce further guidelines dealing with other offences on a regular basis.
In addition, the proposed Life Sentences Bill will allow judges to recommend a minimum period to be served in custody before a person is released on parole, reflecting the circumstances of the case. The Government approved the drafting this Bill last July and work is underway to progress it.
Pa Daly (Kerry, Sinn Fein)
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791. To ask the Tánaiste and Minister for Justice and Equality regarding the commitment to examine the introduction of a specific offence to assaulting a retail worker, whether this proposal has been modelled after best practice in other countries; when he expects this conclusion will be reached; and if he will make a statement on the matter. [2317/25]
James Geoghegan (Dublin Bay South, Fine Gael)
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842. To ask the Tánaiste and Minister for Justice and Equality if he will consider introducing a specific offence for assaulting a retail worker; and if he will make a statement on the matter. [3467/25]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I propose to take Questions Nos. 791 and 842 together.
As the Deputy will appreciate, the priorities in the Programme for Government have been agreed by the new Government and I look forward to delivering on the Justice agenda contained within the Programme.
The development of legislation is a complex task which requires consideration of all the potential implications of any change to the law.
Work to progress these commitments has commenced, however, the Deputy will appreciate that timelines or operational details on policy proposals are not yet available until work programmes are agreed.
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