Written answers
Tuesday, 4 November 2025
Department of Justice and Equality
Sentencing Policy
Roderic O'Gorman (Dublin West, Green Party)
Link to this: Individually | In context
1277. To ask the Tánaiste and Minister for Justice and Equality the way in which the Government's relationship with the Judicial Council in terms of its sentencing guidelines function operates; if it is open to him as Minister, or to the Government, given the need to respect judicial independence, to bring the Judicial Council's attention to matters of concern which may be relevant to the development of sentencing guidelines; the means by which a member of the public may bring matters concerning sentencing to the attention of the Judicial Council; and if he will make a statement on the matter. [58307/25]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
Link to this: Individually | In context
The Judicial Council was established in 2019, 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 per Section 6 of the Judicial Council Act, the Judicial Council is independent in the exercise of its functions. As Minister, I have no role in relation to the operation of the Council or its Committees.
Under the Judicial Council Act, a Sentencing Guidelines and Information Committee 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 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.
On 16 May, the Judicial Council published a report on guidelines on sentencing for domestic violence offences and it is expected that the Committee will be in a position to produce draft guidelines on fatal driving offences relatively shortly.
The Programme for Government 2025 - Securing Ireland's Future has a commitment to "provide a new power to the Minister to ask the Judicial Council to draw up sentencing guidelines for a particular crime area within a certain timeframe". In July, the Government approved the drafting of a General Scheme to amend the Judicial Council Act 2019. A General Scheme is currently being drafted which will, among other matters, seek to provide for the Programme for Government commitment.
No comments