asked the Minister for Justice if any meetings have been held between justices of the district court with a view to achieving a reasonable degree of uniformity in sentencing policy; if not, why; and if so, with what results.
Ceisteanna—Questions. Oral Answers. - Uniformity of Court Sentences.
29.
Eight statutory meetings of district justices have been held since 1961 pursuant to section 36 of the Courts (Supplemental Provisions) Act, 1961. The last meeting was held on 12th October, 1968. The section empowers the president of the district court to convene meetings of justices of the district court not more frequently than twice in one year, to discuss, among other things, "the avoidance of undue divergences in the exercise by the justices of the jurisdiction of that court and the general level of fines and other penalties".
The subject of disparity of sentencing was listed by the president on the agenda for discussion at a meeting held in 1963, at two meetings held in 1964, and not since. Prior to the meeting in November, 1964, the Minister for Justice gave a formal address to the justices, in which he referred to the wide disparity in sentencing and to the need for discussion and clarification amongst the justices themselves on that subject.
I am informed that there has been a marked reluctance on the part of the justices generally to have the subject opened for discussion and the intentions of the statute in that respect, as passed by the Oireachtas have, in effect, been disregarded.
I have had the matter under serious consideration recently and I propose to take such steps as are available to me to have the matter reopened.
Would the Minister agree that there should certainly have been a meeting since 1968 and that there should be meetings on a much more regular basis if we are to wipe out the occasionally scandalous disparity between sentences imposed by district justices?
I was the Minister for Justice who spoke to the justices about this matter in 1964. I agree with the Deputy, but this is a very sensitive area involving the independence of the judiciary. That is why it is rather difficult to frame the appropriate legislative action to ensure what we all desire.