Taoiseach Leo Varadkar said he has asked the justice minister to look into giving judges the discretion to apply minimum time in the case of life sentences.
In Ireland, a life sentence means that a person can only apply to the parole board after 12 years.
There is a mandatory life sentence for murder convictions in Ireland, but a senior judge at the Special Criminal Court on Friday said there was a “one-size-fits-all” approach to life sentencing.
Mr Justice Tony Hunt said that if he had the power to set a minimum prison term or consider a whole-life sentence he would, but those options are not available in Ireland.
Asked at a Fine Gael special conference in Co Kildare on Saturday about minimum sentencing, Mr Varadkar said Minister for Justice Helen McEntee was examining it.
“It’s an area that I’ve asked her to give consideration to,” he said.
“That wouldn’t mean a minimum sentence in all circumstances, but would give a judge the power to impose a minimum sentence if the judge felt it appropriate.”
Ms McEntee said the proposals before her Department weren’t about “tying anybody’s hand”, and aimed to ensure the judge who has heard all the evidence is the person recommending a minimum sentence.
She said that the proposal does not include “whole life” sentences as it includes “complexities” and the evidence and recommendations showed that prison is there “for reform”.
“I have a proposal in my Department which would essentially allow a judge in certain circumstances – so potentially for a mandatory life sentence for murder (or) a life sentence (which) could include rape, serious sexual assault, child sexual abuse, in those circumstances – where a judge felt that the crime was particularly heinous, particularly horrendous that they could recommend to the parole board the person might not come before the parole board for 20-30 (years), potentially longer,” she said at the Fine Gael event on Saturday.
“At the moment, we know a person must come before the parole board after 12 years, we’ve increased that from 7 in recent years and the average time a person spends in prison on a life sentence is about 19 years.
“I think there’s an acknowledgement that certain crimes potentially should have a higher sentence. That body of work is done, I do hope to bring it forward in legislation… next year.”
Mr Varadkar added that if minimum sentences were to be introduced, or any harsher sentencing for crimes, then Ireland would need to increase its prison capacity.
“There is a connected piece to this, and I know people don’t like to talk about it, but we do need to have adequate prison spaces.
“Not because I want to see a higher incarceration rate, I don’t, but if we’re genuinely serious about locking up very dangerous people – murderers, rapists, paedophiles, the heads of major criminal gangs – for 20, 30, 40 years, and I think that’s what people want, with the rising population, we’re going to need more prison spaces.”
