Thomas Gould (Cork North-Central, Sinn Fein)
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563. To ask the Tánaiste and Minister for Justice and Equality if he has explored average sentence length and the impact living in an area of deprivation has on these for similar crimes. [35517/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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As the Deputy will be aware, 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.

To promote judicial independence as well as to ensure public confidence in the administration of justice, the Judicial Council was created in 2019 pursuant to the Judicial Council Act, 2019. The Council is an independent body whose members are all judges in Ireland.

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 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.