Written Answers Nos. 360-379
360. Deputy Seán Kenny asked the Minister for Justice and Equality the nature of the public order disturbance in Howth, County Dublin, on Saturday 8 June 2013; the action taken by An Garda Síochána; if there were any injuries during the disturbance; and if he will make a statement on the matter. [28629/13]
Amharc ar fhreagra366. Deputy Finian McGrath asked the Minister for Justice and Equality the action that was taken regarding the recent anti-social behaviour in Howth, County Dublin and on the number 17A bus over the weekend of 8/9 June, 2013; and if he will make a statement on the matter. [28754/13]
Amharc ar fhreagra376. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality if he will provide Dáil Éireann with a report of the incidents of anti-social behaviour in Howth, County Dublin, last weekend; and the remedies he plans to use to address this. [28910/13]
Amharc ar fhreagraI propose to take Questions Nos. 360, 366 and 376 together.
I am informed by the Garda authorities that the area referred to is in the Raheny Garda District. Local Garda management is aware of incidents of anti-social behaviour in the area during the period referred to by the Deputy. I am further informed that on Tuesday, 4 June 2013, a large group of up to 200 youths gathered on the East Pier in Howth. The majority of youths were well behaved, however approximately 30 youths had consumed alcohol. Local Gardaí attached to Howth Garda Station monitored and patrolled the area and seized alcohol from youths and the youths concerned were dispersed. Local businesses were contacted by Gardaí to appraise them of the situation and management at the local Supermarket agreed to remove alcohol from display. Gardaí liaised with Fingal County Council to facilitate vehicular access to the beach to allow Gardaí to patrol same. Liaison is continuing with the Howth Harbour Master to address the issues raised. Three persons were arrested and were dealt with by way of the juvenile diversion programme. Gardaí remained on duty until all the youths had dispersed.
On Saturday, 8 June 2013, an operation was mounted by Gardaí as a result of information contained on Facebook suggesting a 'Rave' on Burrow Beach, Sutton. An Operational Policing Plan was put in place and additional resources were assigned to the Howth Garda Sub-District under direct supervision of the Superintendent, Raheny. Large amounts of alcohol were seized at local Dart stations and checkpoints were set up near the beach area. There were five Public Order Offences, four of which will be dealt with by way of juvenile referral and one by way of summons. There were no incidents of injury to persons or property reported. Gardaí liaised with Fingal County Council and Iarnrod Eireann during this operation.
Garda Operation Irene is a Regional Operational Plan which commenced in the Dublin Metropolitan Region on 1 June, 2013 and will continue until the 31 August, 2013. The operation incorporates a range of policing actions to be implemented at identified “hot-spots”, which with the advent of milder weather, longer evenings and school holidays, may experience an upsurge in anti-social behaviour associated with alcohol consumption. This is a targeted operation to combat under-age alcohol consumption and consumption of alcohol in public spaces throughout the Dublin Metropolitan Region through the enforcement of legislation regulating the sale, supply and consumption of alcohol as well as relevant public order legislation.
An Garda Síochána is aware of issues which can be associated with periods of extended good weather. An Garda Síochána continues to meet these challenges and deploy additional resources where necessary. Local Garda management in the areas concerned is satisfied that sufficient resources were available to deal with instances of public disorder and anti-social behaviour.
An Garda Síochána is also satisfied that sufficient legislation exists to deal with such instances. These include measures under the Criminal Justice (Public Order) Acts and the Intoxicating Liquor Acts. The Criminal Justice (Public Order) Act 2003 provides Gardaí with powers to deal with anti-social conduct attributable to excessive drinking, including exclusion orders in respect of premises and closure orders for licensed premises and catering outlets following anti-social behaviour related offences. In addition, the Intoxicating Liquor Act 2008 gives further powers to Gardaí to tackle the misuse of alcohol, including the power to seize alcohol in the possession of an under 18 year old which they suspect is for consumption in a public place. Gardaí may can also seize alcohol to forestall public disorder or damage to property. Fixed charge notices may be issued for the offences of intoxication in a public place and disorderly conduct in a public place. This option has the benefit of a more efficient use of Garda and Court resources, while also allowing an offender who complies with the notice to avoid a possible criminal record.
361. Deputy Derek Keating asked the Minister for Justice and Equality following the criticism by the Chairman of the Road Safety Authority, if he is satisfied that enough Garda checkpoints, Garda personnel and the Traffic Corps are meeting the needs to ensure that all traffic regulations are being adhered to; if he is in agreement with the Chairman of the Road Safety Authority in relation to the number of checkpoints; and if he will make a statement on the matter. [28644/13]
Amharc ar fhreagraThe Policing Priorities I have set for 2013 include an emphasis on continuing to reduce the number of deaths and serious injuries on our roads and An Garda Síochána has my full support in this regard.
The Deputy will be aware that the Garda Commissioner is responsible for the deployment of Garda personnel and the allocation of resources throughout the Force. I am, however, assured that deployment and allocation of Garda resources is kept under continuing review to ensure optimum use is made of those resources. The Deputy will also appreciate that we have seen very positive sustained improvements in the attitudes and behaviour of all road users which underpinned another record year in terms of road safety in Ireland in 2012. Enforcement by the Garda authorities continues to focus on high risk behaviour and on identified vulnerable road users with a view to reducing the number of serious injury collisions and fatalities on our roads.
An Garda Síochána carry out planned, unplanned and 'ad hoc' checkpoints, including Mandatory Alcohol Testing (MAT) checkpoints as part of this effective, visible enforcement policy. The number of checkpoints conducted by An Garda Síochána remains high. I am informed by the Garda authorities that 71,960 MAT checkpoints operated in 2012, compared with 70,861 in 2011 and 57,568 in 2010. A total of 32,236 MAT checkpoints have been conducted to 12 June, 2013. More than half a million tests MAT tests are carried out annually, which represents a substantial proportion of the driving public. Furthermore, the outsourced safety camera networks provides 6,000 hours of additional enforcement per month with increased compliance across all of the safety enforcement zones, indicating a positive change in driver behaviour.
I can also assure the Deputy that An Garda Síochána continues to conduct further specific targeted visible initiatives, such as the recent Operation Slowdown and related enforcement activity which took place over the recent June bank holiday weekend. Awareness campaigns are also conducted as part of An Garda Síochána's ongoing commitment to work with all road safety partners and contribute fully to the effective implementation of the Road Safety Strategy 2013 - 2020.
362. Deputy Derek Keating asked the Minister for Justice and Equality if he will outline, in tabular form for the years 2009, 2010, 2011 and 2012, the number of children who were referred to the Children Court from Clondalkin, Lucan, Palmerstown, Newcastle, Saggart and Rathcoole areas of County Dublin; the number of children who were referred to the juvenile liaison officers' supervision programme in those areas; the top five youth offences categories during the four year period and the provision of services and funding for projects and crime diversion programmes for Clondalkin, Lucan, Palmerstown, Newcastle, Saggart and Rathcoole; and if he will make a statement on the matter. [28645/13]
Amharc ar fhreagraWith regard to the first part of the Deputy's question, he will be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service. The Act provides that the Service is independent in the performance of its functions, which includes the provision of statistics.
In order to be of assistance to the Deputy, I have had enquiries made with the Courts Service regarding the number of children referred to the Children's Courts and I am informed that statistics are not compiled in the manner sought by the Deputy and the data could not be extracted without a disproportionate expenditure of staff time and resources which could not be justified in the circumstances.
I presume that in referring to the Juvenile Liaison Officers' (JLOs) supervision scheme, the Deputy is referring to the statutory Diversion Programme operated by the JLOs under Part 4 of the Children Act 2001 as amended. The Programme provides that, where a child commits a crime a report is submitted by An Garda Síochána to the Director of the Diversion Programme for a decision on whether to admit the child to the Programme. Information and statistics on the operation of that Programme are contained in an "Annual Report of the Committee Appointed to Monitor the Effectiveness of the Diversion Programme", which is laid before the Houses of the Oireachtas annually and is also published on the Irish Youth Justice Service (IYJS) website www.iyjs.ie. General statistics (no. of children referred, decision type) in the report are collated on a Garda divisional basis, while the top crime types are reported on a national basis only. The locations which the Deputy is seeking information on are contained in the Dublin Metropolitan Region West statistics in the reports.
The latest published report is for the year 2011 and I understand that the 2012 report is currently at draft stage.
My Department through the Irish Youth Justice Service funds 100 Garda Youth Diversion projects (GYDPs) nationwide of which three cover areas mentioned by the Deputy. These projects are community-based, multi-agency, crime prevention initiatives which are designed to engage with and seek to divert young people from becoming involved in or further involved in anti-social and/or criminal behaviour. They operate in tandem with and as a support to the statutory Garda Diversion Programme mentioned above. They aim to bring about the conditions whereby the behavioural patterns of young people towards law and order can develop and mature through positive interventions and interaction with the project. The projects are particularly targeted at 12-17 year old “at risk” youths in communities where a specific need has been identified and where there is a risk of them remaining within the justice system.The funding to these three projects from my Department in the requested years is set out in the table.
|
Project Name |
Location |
Coverage |
2009 Funding |
2010 Funding |
2011 Funding |
2012 Funding |
|
GRAFT |
Neilstown Rd, Clondalkin |
North Clondalkin and Lucan |
€143,282 |
€120,728 |
€120,814 |
€128,814 |
|
SWIFT |
Bawnogue Youth and Community Centre, Clondalkin |
Clondalkin |
€118,947 |
€118,112 |
€114,131 |
€114,131 |
|
Valley |
Neilstown Village |
Palmerstown, Lucan, North Clondalkin |
€113,230 |
€108,746 |
€105,234 |
€105,234 |
Finally, I wish to add that the Diversion Programme has been shown to be successful in diverting young offenders away from crime by offering guidance and support to the young people and their families. Tackling youth crime continues to be a key priority for this Government as set out in the Programme for Government and I am committed to continuing the Programme as is reflected in the resources available to the Garda Commissioner and the 2013 budget for the GYDPs which remains similar to the budget of 2012.
363. Deputy Colm Keaveney asked the Minister for Justice and Equality when a person (details supplied) in County Galway may expect the Garda vetting process to be completed in order that he or she may engage in an employment scheme dependent on the outcome of same; and if he will make a statement on the matter. [28656/13]
Amharc ar fhreagraI am informed by the Garda authorities that a vetting application on behalf of the individual referred to by the Deputy was received by the Garda Central Vetting Unit (GCVU). The application was processed and returned to the registered organisation involved on 12 June 2013.
364. Deputy Terence Flanagan asked the Minister for Justice and Equality if a national gambling impact study has ever been carried out and his plans to carry out one soon; and if he will make a statement on the matter. [28659/13]
Amharc ar fhreagraI can inform the Deputy that, to date, my Department has not commissioned nor has it carried out a national gambling impact study. However, I am aware that, for the purposes of developing appropriate policy responses, there is a need for data of both a quantitative and qualitative nature on the extent of gambling in Ireland and its impacts.
The Deputy will be aware that my Department is currently preparing legislative proposals on gambling. The new legislation will be comprehensive and extensive. I hope to obtain the Government's approval soon for the drafting of a Bill based on a General Scheme I have submitted. The new legislation will have consumer protection generally as its main aim, and will include several measures aimed at assisting and protecting vulnerable persons, the young and those for whom gambling has become a problem.
I will be expecting the gambling industry to embrace this central aim and to work with the authorities and on their own initiative to promote responsible gambling. My proposals will facilitate the industry's involvement by providing for a Fund to aid research, education and awareness activities and to support treatment programmes. The Fund will be based on contributions from the industry but my proposals will ensure independent supervision of its disbursement.
In light of its purposes, I would expect that, in time, the Fund will be used to undertake studies of the kind referred to by the Deputy. However, pending the establishment of that statutory fund, my Department is actively considering how the data I mentioned earlier can be collected so that work on the development of suitable policies can get under way in advance of the new legislation coming into operation.
365. Deputy Finian McGrath asked the Minister for Justice and Equality the reason there was no reference to any legislation designed to place the interim Parole Board on a statutory basis in the document on his Department's website titled First Two Years of Government March 2011 – March 2013; the progress that has been on the Parole Board Bill; when he expects an independent body to replace the interim Parole Board; and if he will make a statement on the matter. [28753/13]
Amharc ar fhreagraI announced my intention in 2011 to enact legislation to place the Parole Board on a statutory footing which I believe will help to strengthen the Board and improve its functions. Decisions have to be finalised on exactly what role a statutory Parole Board should play, what powers it should have, and how it should fit into the overall criminal justice system.
I have also appointed a group to carry out a Strategic Review of Penal Policy who are examining all aspects of penal policy including parole and other release mechanisms from prison. I expect them to report later this year. When I have considered their recommendations, I will bring proposals forward to Government for a statutory Parole Board.
367. Deputy Billy Kelleher asked the Minister for Justice and Equality if he will detail, in tabular form, the names of all external public relations, communications consultants and organisations used by his Department since 9 March 2011; the details of the services supplied by each; the expenditure on each; and if he will make a statement on the matter. [28815/13]
Amharc ar fhreagraDuring the period in question, my Department used the services of the communications organisation, as set out in the table.
|
Date |
Name of Company |
Services Provided |
Expenditure € |
|
April 2011 |
Carr Communications Limited |
Communications Training Module |
550.00 |
368. Deputy Barry Cowen asked the Minister for Justice and Equality when a person (details supplied) in County Offaly may expect a decision on an application for naturalisation. [28824/13]
Amharc ar fhreagraI am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person referred to by the Deputy in July, 2011.
The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and is at an advanced stage. Further information was requested from the person concerned in a letter issued on 12 June 2013. Once the requested information has been received and assessed the case will be finalised and submitted to me for decision. The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
369. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if his Department, in conjunction with the Courts Service and An Garda Síochána, will be making an IT system available to scan new driving licences issued since January 2013 in order that penalty points or endorsements can be applied to the licence of a motorist who has been convicted of road traffic offences and, therefore, increasing accountability and transparency in the prosecution of road traffic offences. [28837/13]
Amharc ar fhreagraI am advised that records of driving penalty points and endorsements are held on the National Vehicle and Driver File operated by the Department of Transport and Sport. In addition, I understand that the new form of the driving licence which came into operation in January 2013, and for which the Road Safety Authority is responsible, does not contain details of penalty points or endorsements.
370. Deputy Robert Troy asked the Minister for Justice and Equality if he will prioritise the enactment of the National Vetting Bureau (Children and Vulnerable Persons) Act; and if he will outline the timeframe for same. [28845/13]
Amharc ar fhreagraThe National Vetting Bureau (Children and Vulnerable Persons) Act 2012 was enacted in December 2012. However, commencement of the Act has been delayed as elements of the Act relating to the disclosure of convictions are under review having regard to a subsequent judgment of the UK Court of Appeal in (on the application of) T and others v Chief Constable of Greater Manchester and others [2013]. In that case, the Court considered the circumstances in which it is appropriate to disclose convictions for minor offences with particular regard to Article 8 of the European Convention on Human Rights (right to privacy). It is my view that the principles identified by the Court in relation to the application of Article 8 merit consideration. To that end, my Department is engaged in ongoing consultation with the Office of the Attorney General to determine if there are any implications for the legislation which would require to be addressed in advance of commencement.
371. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding determination of eligibility for naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [28852/13]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) that a valid application for a certificate of naturalisation was received from the person referred to by the Deputy in November, 2012. The application is at an advanced stage of processing and will be submitted to me for decision in due course.
As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
372. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an application for visas-family reunification in respect of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [28853/13]
Amharc ar fhreagraI am informed by my officials in the Visa Unit of my Department that the person referred to by the Deputy made an application in 2009 on behalf of a child whom she had adopted in Ghana. All inter-country adoptions must be carried out in accordance with the terms and conditions of the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-Country Adoption 1993. Ghana is not a signatory to this Convention nor is there any administrative arrangement between the Adoption Authority of Ireland and the Ghanaian authorities.
A visa will only be granted in respect of a child adopted in another State where that adoption will be legally recognised in this State. That was not the case in relation to this application. Therefore, there was no possibility of this application succeeding. The person in question was contacted by an official in my Department and advised of this fact and invited to withdraw the application, which she subsequently did, thus preventing the creation of a visa refusal record which could have negatively impacted on any future visa applications made or sponsored by her.
At all times, the protection of children is paramount to INIS. I am extremely mindful of the potential risks associated with the irregular cross-border movement of children, and therefore my officials must always abide by the law in relation to inter-country adoptions and err on the side of caution in cases such as this.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.
373. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when stamp 4 will be updated in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [28854/13]
Amharc ar fhreagraHaving had her asylum claim refused, the person concerned was notified, by letter dated 30th November, 2012, that the Minister proposed to make deportation orders in respect of her and her four named dependants. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why deportation orders should not be made in respect of her and her named dependants. In addition, she was notified of her entitlement to apply for subsidiary protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006. The person concerned submitted an application for subsidiary protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.
In the event that the application for subsidiary protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned. The Deputy might wish to note that any determination or decision made in respect of the person concerned will apply equally to her four named dependants.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
374. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding entry to this jurisdiction in respect of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [28855/13]
Amharc ar fhreagraA person, who is visa-required, wishing to come to Ireland to reside in the State with his/her parent, must submit an application for a "Join Family" visa. The applicant, or the person completing it on their behalf in the case of a minor, is required to submit their application and all relevant documentation to their nearest Consulate or Embassy. Where all the required documentation/evidence has been furnished and the Visa Officer is satisfied with the bona fides of the application, a D-type, long stay Visa would normally be approved.
Comprehensive information on the Visa Application process and the supporting documentation required is available on the website of the Irish Naturalisation and Immigration Service, www.inis.gov.ie.
375. Deputy Derek Keating asked the Minister for Justice and Equality the position regarding electronic tagging as a method of supervision and control in respect of persistent acts of criminality and violence by persons; if he has developed a policy on same; and if he will make a statement on the matter. [28896/13]
Amharc ar fhreagraThe Programme for Government contains a commitment to introduce a series of post-imprisonment restraint orders for violent and sexual offenders to include electronic tagging and other restrictions which may be imposed at the time of sentencing.
My Department has been conducting a wide-ranging examination of the law on sexual offences and a review of the Sex Offenders Act 2001 formed an integral part of that examination. Legislative proposals being considered include measures for the electronic monitoring of sex offenders in specific circumstances and changes with regard to civil sex offender orders to make it easier to apply to a court for such an order.
My current priority is measures relating to sex offenders. When these have been finalised, consideration will be given to what new measures may be appropriate to violent offenders. I should add that electronic monitoring is also being examined by the Group conducting the strategic review of penal policy.
377. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in order to make an application for citizenship in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [28922/13]
Amharc ar fhreagraSection 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must: be of full age; be of good character; have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years; intend in good faith to continue to reside in the State after naturalisation; and have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows (i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and (ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.
Section 16A(1) of the same Act also states that for the purposes of calculating the period of residence in relation to an application for naturalisation, only those periods during which the applicant has the permission of the Minister to reside in the State - other than for the purposes of claiming asylum or engaging in a course of education or study - are reckonable.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. The documentation that must be enclosed with the application is specified in the guidance notes that accompany the application form. Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
378. Deputy Terence Flanagan asked the Minister for Justice and Equality his views regarding the level of inconsistency in the sentencing system; and if he will make a statement on the matter. [28929/13]
Amharc ar fhreagra379. Deputy Terence Flanagan asked the Minister for Justice and Equality his views on whether a dedicated body should be established to publish sentencing guidance for judges in order to address the level of inconsistency in the system; and if he will make a statement on the matter. [28930/13]
Amharc ar fhreagraI propose to take Questions Nos. 378 and 379 together.
As the Deputy will no doubt appreciate, 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. 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 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. ISIS is being developed as a valuable tool not only for members of the judiciary but also for lawyers, researchers and those concerned with the needs of victims and their families, and I very much welcomed the recent initiative led by the Judiciary through the Judicial Research Office in undertaking the detailed work of gathering and providing information via the website. The Deputy may be aware that the ISIS committee are providing information on sentencing in relation to specific issues and a number of seminars have also been held.
The Deputy may also be aware that I have established a Penal Policy Review Group to carry out this review which will examine all aspects of penal policy including prevention, sentencing policies, alternatives to custody, accommodation and regimes, support for reintegration and rehabilitation and the issue of female prisoners. I expect the Group to report later this year and I intend to publish that report. It would not be in keeping with the principles of judicial independence for the Executive to impose a Sentencing Council on the Judiciary and it will be noted that is not advocated by the Law Reform Commission in its Report on Mandatory Sentencing which was published last week. The report covers a number of complex issues and the recommendations contained in the report will be fully considered in my Department together with the report of the Penal Policy Review Group when it has been finalised.
