Wednesday, 6 Mar 2013

Written Answers Nos. 39 - 43

Sentencing Policy

Questions (39, 50, 161)

John Browne

Question:

39. Deputy John Browne asked the Minister for Justice and Equality his plans for setting out clear sentencing guidelines; and if he will make a statement on the matter. [11654/13]

Peadar Tóibín

Question:

50. Deputy Peadar Tóibín asked the Minister for Justice and Equality his plans to introduce sentencing guidelines; and if he will make a statement on the matter. [11565/13]

Niall Collins

Question:

161. Deputy Niall Collins asked the Minister for Justice and Equality his plans for setting out clear sentencing guidelines; and if he will make a statement on the matter. [11771/13]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 39, 50 and 161 together.

I know the Deputies will appreciate that judges are independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. In accordance with this principle, the role of the Oireachtas has been to specify in law a maximum penalty and a court, having considered all the circumstances of the case, to impose an appropriate penalty up to that maximum. The court is required to impose a sentence which is proportionate not only to the crime but to the individual offender, in that process identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present.

There are, of course, a small number of situations where statute has created exceptions to this approach most notably by providing for mandatory sentences for murder and presumptive minimum sentences in the case of certain firearms and drug trafficking offences. Except for exceptional circumstances, I am of the view that the Oireachtas should be cautious in prescribing mandatory sentences. An important safeguard rests in the power of the Director of Public Prosecutions to apply to the Court of Criminal Appeal to review a sentence she regards as unduly lenient.

The Deputy may be aware that the Law Reform Commission, after detailed study some years ago, recommended against the introduction of statutory sentencing guidelines but favoured non-statutory sentencing principles. The Superior Courts have developed a substantial body of case law setting out general principles of sentencing. Sentencing practice is also being developed by a steering committee of the judiciary which developed the Irish Sentencing Information System (ISIS) website, a pilot initiative designed to gather information about the range of sentences and other penalties that have been imposed for particular types of offences across court jurisdictions. Information on over 1,000 cases is detailed on the website and following the committee's recent announcement, three JobBridge interns have this week been appointed in order to recommence populating the online database with information on sentencing in the criminal courts.

The ISIS committee also announced they are planning to recommence providing information on sentencing in relation to specific issues, in which context an analysis has been published on rape sentencing prepared by the Judicial Researchers Office under the guidance of Mr. Justice Peter Charleton. In addition, on 25 February last, the ISIS Committee and the Committee for Judicial Studies hosted a lecture given by Lord Justice Colman Treacy on Sentencing Guidelines, focusing on the work of the Sentencing Council of England and Wales. I understand that it is the intention of those Committees to host further events of this nature in the future.

Finally, as the Deputy may be aware, in September 2012, I announced a strategic review of penal policy. I have established a working group to carry out this review which will examine all aspects of penal policy and I expect the Group to report later this year.

Road Safety

Questions (40)

Clare Daly

Question:

40. Deputy Clare Daly asked the Minister for Justice and Equality his plans to outsource existing Garda road safety tasks beyond the current Go Safe contract; and the rationale for same. [11603/13]

Written answers

Minister for Justice and Equality

In November, 2009 a contract was concluded for the provision of an outsourced safety camera network to An Garda Síochána. The outsourced safety camera network commenced operations in November 2010. The service provider, Go Safe, provides 6,000 speed monitoring hours and 1,475 traffic survey hours per month across the country and is contracted to provide the service for five years (from November 2010) with an option to extend provision of the service for one further year. I am informed by the Garda authorities that there are currently no proposals for outsourcing further functions of An Garda Síochána in respect of the enforcement of Road Traffic legislation.

Judicial Council Legislation

Questions (41)

Peadar Tóibín

Question:

41. Deputy Peadar Tóibín asked the Minister for Justice and Equality his plans to introduce a judicial complaints mechanism; and if he will make a statement on the matter. [11566/13]

Written answers

Minister for Justice and Equality

The Programme for Government undertakes to “legislate to establish a Judicial Council, with lay representation, to provide an effective mechanism for dealing with complaints against judges” and this commitment is being given expression in the form of the proposed Judicial Council Bill. As well as providing for the establishment of a Judicial Council and Board that will promote excellence and high standards of conduct by judges, the proposed Bill is aimed at providing a means of investigating allegations of judicial misconduct supported by the establishment of a Judicial Conduct Committee which will have lay representation.

In November 2011, the judiciary agreed to establish an Interim Judicial Council pending the publication and enactment of the proposed Judicial Council Bill. A sub-committee of the Board of the Interim Judicial Council was subsequently established to consider the General Scheme for a Judicial Council Bill, a version of which had been published by the previous Government in August 2010. The observations of the sub-committee were conveyed to me by the Chief Justice on 8 May 2012. These observations were duly considered in my Department taking account of intervening developments and of current Government policy. Following this consideration, I conveyed the relevant drafting instructions to the Attorney General in November 2012. Work on the drafting of the new Bill continues, therefore, in conjunction with the Offices of the Attorney General and of Parliamentary Counsel and I very much appreciate the ongoing support being given to this initiative by the Chief Justice and her judicial colleagues. Under the Government's Legislation Programme for the Spring Session, announced by the Chief Whip on 15 January 2013, publication of the Bill is expected later this year.

Garda Stations Refurbishment

Questions (42)

Eamonn Maloney

Question:

42. Deputy Eamonn Maloney asked the Minister for Justice and Equality in view of the recent closure of small Garda Stations, the arrangements in place to expand, extend, refurbish or re-site existing Garda Stations; and if he will make a statement on the matter. [11424/13]

Written answers

Minister for Justice and Equality

The programme of replacement and refurbishment of Garda accommodation is based on agreed accommodation priorities which are established by An Garda Síochána. This programme is progressed by An Garda Síochána in co-operation with the Office of Public Works, who have responsibility for capital expenditure in this area. I understand from the Garda authorities that refurbishment work has been undertaken to provide additional station accommodation arising from the closure of stations in accordance with the 2013 Garda Policing Plan. This programme has been pursued in conjunction with the Office of Public Works.

I am also very pleased that the provision of three new Garda Divisional Headquarters for Kevin Street in Dublin, Galway and Wexford was included in the special Government stimulus package announced last July. I believe that the provision of these facilities will significantly enhance Garda capacity to carry out their functions more effectively. Overall, Garda accommodation requirements throughout the country are subject to ongoing review and they will be progressed in the context of An Garda Síochána's identified accommodation priorities and in the light of available resources.

Magdalen Laundries Report

Questions (43)

Robert Troy

Question:

43. Deputy Robert Troy asked the Minister for Justice and Equality the timeframe for Judge Quirke's advisory report on redress following on from the Magdalen laundries report; and if he will make a statement on the matter. [11680/13]

Written answers

Minister for Justice and Equality

The Government has asked the Retired High Court Judge and current President of the Law Reform Commission, Mr. Justice John Quirke, to undertake a three month review and, taking into account the findings of the report of the Inter-Departmental Committee to establish the facts of State involvement with the Magdalen Laundries, to make recommendations as to the criteria that should be applied in assessing the help that the Government can provide in the areas of payments and other supports.