Vol. 475 No. 6
83 Mr. Molloy asked the Minister for Justice the proposals, if any, she has to deal with sentencing difficulties apparently being experienced by judges where there is a guilty plea for serious offences carrying a life sentence, which plea rules out a life sentence; and if she will make a statement on the matter. [5489/97]
The House will appreciate that the question of the appropriate sentence which is to be imposed in any particular case is obviously a matter for the court to determine in accordance with law. Obviously it would not be appropriate for me as Minister for Justice to comment on sentences in individual cases. It should be borne in mind, however, that where a sentence appears to be too lenient the law does allow the Director of Public Prosecutions to appeal that sentence.
The complex question of sentencing policy was addressed at length by the Law Reform Commission both in a consultation paper and their report last year on the matter. Action has already been taken on a number of recommendations contained in the report and other recommendations are being examined in my Department.
While it is not a matter for me to interpret the law, it might be helpful for me to refer the Deputy to Chapter 6 of the commission's report which refers specifically to the point I assume the Deputy has in mind. Essentially, the commission appears to be of the view that the relevant rulings of higher courts did not necessarily oblige a court in all circumstances where a guilty plea had been entered to impose less than a life sentence. The commission, which was of the view that it would not be appropriate to address this matter by way of legislation, indicated that the situation is confused and should be clarified as soon as possible by the Supreme Court.
