Michael Cahill (Kerry, Fianna Fail)
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373. To ask the Tánaiste and Minister for Justice and Equality if he will increase minimum sentences for assaults against women to act as a greater deterrent and help safeguard women (details supplied); and if he will make a statement on the matter. [68698/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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Combatting domestic, sexual and gender-based violence (DSGBV) and supporting victims are core priorities for this Government, as reflected in 'Zero Tolerance' the National Strategy on DSGBV. Strengthening legislation is central to achieving these aims.

When it comes to cases of sexual assault, the most serious offence, rape, carries a sentence of up to life in prison. In cases of domestic violence, section 40 of the Domestic Violence Act 2018 provides that where offences involving physical or sexual violence are committed in the context of a marriage, civil partnership, or an intimate and committed relationship, that fact shall be an aggravating factor at sentencing.

In line with commitments contained within the ‘Zero Tolerance’ Strategy, we have taken steps to further strengthen our laws in this area, including by ensuring increased sentences are available to the courts for certain violent offences. A new offence of stalking was introduced in 2023, which carries a sentence of up to ten years imprisonment. In the same year, the maximum sentence for assault causing harm was also doubled from 5 to 10 years imprisonment. A sentence of up to life imprisonment is already available for the offence of causing serious harm.

Additionally, the Sex Offenders Amendment Act 2023, strengthens the management and monitoring of sex offenders and the Criminal Justice (Sexual Offences and Human Trafficking) Act 2024 provides enhanced protections for victims of sexual violence during investigations and court proceedings.

Under the standard legislative approach, the Oireachtas sets the maximum penalty for an offence, and sentencing judges determine the appropriate sentence in each case, taking account of proportionality, aggravating and mitigating factors, and the individual circumstances of the offender. This reflects Article 34 of the Constitution, which vests the administration of justice in the courts. Mandatory sentences are rare and apply primarily in cases such as murder and treason under the Criminal Justice Act 1990.

To assist judges when passing sentence, the Judicial Council was established in 2020 as an independent body, with functions including the preparation of draft sentencing guidelines and the monitoring of the operation of those guidelines. On 16 May 2025, the Judicial Council’s Sentencing Guidelines and Information Committee published a report on guidance on sentencing for domestic violence offences. Once formally adopted as a Sentencing Guideline, this will provide a framework for sentencing in the context of domestic abuse in future cases. The report acknowledges that in very many of the cases where a relevant relationship exists or has existed, there will generally have been a pattern of abusive behaviour. Where an offence is committed, it should be looked at in this context.

The Programme for Government 2025 includes a commitment to enable me, as Minister, to request the Judicial Council to prepare sentencing guidelines for specific offence categories within set timeframes. In July, Government approved the drafting of a General Scheme to amend the Judicial Council Act 2019 to give effect to this commitment and work on the Scheme is underway.