Written answers
Tuesday, 18 February 2025
Department of Justice and Equality
Sentencing Policy
Peadar Tóibín (Meath West, Aontú)
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513. To ask the Tánaiste and Minister for Justice and Equality if he plans to recommend a sentencing review to address unduly lenient sentences. [6930/25]
Carol Nolan (Offaly, Independent)
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529. To ask the Tánaiste and Minister for Justice and Equality if he is aware of concern among victims of crime regarding the imposition of concurrent sentences, as recently highlighted by a hit-and-run case (details supplied); if legislation offering judicial guidance on these matters will be considered; and if he will make a statement on the matter. [5605/25]
Paul Gogarty (Dublin Mid West, Independent)
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566. To ask the Tánaiste and Minister for Justice and Equality if there are plans to ensure that concurrent sentencing does not apply where a loss of life has occurred; and if he will make a statement on the matter. [6145/25]
Paul Gogarty (Dublin Mid West, Independent)
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567. To ask the Tánaiste and Minister for Justice and Equality if there are plans to enact stricter sentencing in cases involving violent attacks upon women in Ireland; and if he will make a statement on the matter. [6146/25]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I propose to take Questions Nos. 513, 529, 566 and 567 together.
It is important to emphasise that the conduct of any court case is a matter entirely for the presiding judge. The courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions, including sentencing.
The Judicial Council Act 2019 provided for the establishment of an independent Judicial Council, and, within that body, a Sentencing Guidelines and Information Committee, which was established in 2020.
Its functions include the preparation of draft sentencing guidelines and the monitoring of the operation of those guidelines, together with the collating information on sentences imposed by the courts and the dissemination of that information to judges and others. The Judicial Council is independent in the exercise of its functions and, as Minister for Justice, I have no role in relation to the operation of the Judicial Council or its Committees.
The Sentencing Guidelines and Information 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.
I am advised by the Judicial Council that the draft guideline in relation to sentencing in the context of a relationship is at the closing stage, prior to finalisation by the Sentencing Guidelines and Information Committee. This is due to conclude on the 19th of February 2025, after which time the committee will finalise the guideline. Thereafter, the legislative process provided under the various sections of the Judicial Council Act 2019 is required to be followed before adoption of that guideline.
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.
In line with the Programme for Government, I intend to review the sentencing guidelines legislation.
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