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Dáil Éireann debate -
Wednesday, 15 Jun 1994

Vol. 443 No. 8

Written Answers. - Publication of Fines and Sentences.

Peadar Clohessy

Question:

13 Mr. Clohessy asked the Minister for Justice the plans, if any, she has to allow for the publication of all sentences and fines remitted by her under the Criminal Justice Act, 1951; and if she intends to instruct her officials to make inquiries and consult with the judge who imposed the sentence before the sentence is remitted.

It has never been the practice to publish details of individual cases involving the remission or mitigation of fines and sentences of imprisonment under section 23 of the Criminal Justice Act, 1951, and delegated authority of Government dated 30 March 1951, and there is no statutory requirement to do so. I am sure Deputies will agree that there are valid reasons for this and that the individuals who make petitions are entitled to a certain degree of privacy concerning their personal affairs. All of their cases have been before the courts and penalties have been applied and I do not think that it would be appropriate to publish the names and addresses of those who for personal reasons — very often, inability to pay — have decided to avail of the petitions procedure.

As I indicated to the House on 13 May last year in reply to a parliamentary question on the subject, Official Report volume 430, columns 1714-1717, I can see merit in the publication of global figures giving details of the outcome of petitions and such figures are given from time to time in reply to parliamentary questions. For example, earlier this year, on 9 March, the information was provided for each of the four years 1990 to 1993 in reply to a parliamentary question — see Official Report volume 440, columns 349 to 352.
In so far as the processing of petitions is concerned the position is that each petition is considered on its merits having regard to the grounds of the petition, offence involved and penalty imposed, and where I deem it necessary I seek reports from various sources, including the Judiciary.
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