Seán Crowe (Dublin South West, Sinn Fein)
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1016. To ask the Tánaiste and Minister for Justice and Equality if there are plans or proposals to introduce legislation relating to spent convictions in this Dáil term. [29588/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016, provides for certain convictions to become spent once seven years have passed since the date of conviction.

The last Programme for Government committed to review the 2016 Act, with the intention to broaden the range of convictions that could be considered spent.

As part of this review process, a public consultation on spent convictions was launched by my Department in October 2020. The Department also commissioned bespoke research into how spent convictions are handled internationally.

Based on the outcome of that consultation and other submissions received, as well as the international research, my Department has compiled a report aimed at identifying and assessing the possible implications of amending the 2016 Act, so that the fairest possible outcomes can be achieved for the public. This matter and report remain under consideration at this time.

The Criminal Justice (Rehabilitative Periods) Bill 2018 completed all stages in the Seanad in June 2021. The objective to amend and broaden the reach of the current legislation was in line with the commitment on spent convictions and the Government therefore did not oppose this Private Member's Bill.

I recently spoke with Senator Ruane about the Bill and I am considering whether it can be taken forward, in light of other legislative commitments under the Programme for Government.

Paul McAuliffe (Dublin North-West, Fianna Fail)
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1017. To ask the Tánaiste and Minister for Justice and Equality if he will introduce minimum sentencing laws for sex crimes involving children; and if he will make a statement on the matter. [29597/25]

Paul McAuliffe (Dublin North-West, Fianna Fail)
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1018. To ask the Tánaiste and Minister for Justice and Equality if consideration is being given to minimum custodial sentencing for sexual offences committed against children; and if he will make a statement on the matter. [29598/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I propose to take Questions Nos. 1017 and 1018 together.

The separation of powers is enshrined in the Constitution to ensure judges are independent of Government. The courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and the conduct of any court case is a matter entirely for the presiding judge.

In accordance with the principle of judicial independence, the court is required to impose a sentence which is proportionate not only to the crime, but to the individual offender, identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present.

In 2019, the Judicial Council was created pursuant to the Judicial Council Act 2019 to promote judicial independence as well as to ensure public confidence in the administration of justice. The Council is an independent body whose members are all judges in Ireland. As Minister, I have no role in relation to the operation of the Judicial Council or its Committees.

The Judicial Council Act 2019 also provided for the establishment of the Sentencing Guidelines and Information Committee of the Judicial Council.

The Committee was established in 2020, and 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.

In 2023, the Judicial Council Sentencing Guidelines and Information Committee published its Guideline Development Procedure, which can be accessed on the Council's website. This document, informed by the legislative framework and best practice in other jurisdictions, sets out the procedure that the Committee will follow in developing sentencing guidelines.

The Department is 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. The areas of domestic violence/violence in the context of a relationship and fatal driving offences have been prioritised.

On 16 May 2025, the Sentencing Guidelines and Information Committee’s report on sentencing in relation to offences captured by Section 40 of the Domestic Violence Act 2018 was published. The report was reviewed by the Board of the Judicial Council and has been published by way of information and assistance for sentencing judges. Finalisation of that guideline, meaning the adoption of the guideline by the entire Judicial Council, may be dependent upon a statutory amendment.

In line with the Programme for Government, I intend to review the sentencing guidelines legislation. However, there are no current plans to introduce additional minimum custodial sentences for any category of offence.