Cormac O'Keeffe: Minister's dusting off of old report gives hope to families of murder victims

Under plans being considered by Helen McEntee, a judge would have the discretion to impose a minimum term that murderers have to serve in prison before they can apply for parole

Justice Minister Helen McEntee will examine a proposal that could enable judges to set a minimum number of years that those convicted of murder have to serve in prison. Picture: Sam Boal/RollingNews.ie

Knowing the minimum length of time a person given a life sentence will actually serve in prison has long been a contentious issue in Ireland’s criminal justice system.

Families of murder victims have long sought this basic level of comfort and certainty.

Up until last year, they faced the prospect that the person serving a life sentence for the murder of their loved one, or loved ones, could apply for parole after serving just seven years.

As advocate groups have said, some families were not even aware of this system — and some did not even know their killer had been released.

Many others did know, and faced the gruelling prospect of having to make their case to the Parole Board, beseeching it to keep the killer behind bars.

Reinforcing trauma

And even if the killers are denied parole the first time round, they can apply again after another few years — reinforcing the trauma for the families.

As of last year, the seven-year threshold for parole applications has been increased to 12 years.

But, for the families, 12 years is still too early.

They have welcomed plans from Justice Minister Helen McEntee to change the laws and give judges the discretion to impose a minimum term that murderers have to serve in prison before they can apply for parole.

While the details have yet to emerge, Ms McEntee has mentioned periods of 20 years, 25 years, and 30 years that judges could lay down as minimum jail terms.

As victims’ group AdVic points out, they have been calling for such a system for many years.

It is not just families of victims that have made these recommendations to governments.

Changes recommended

Nine years ago next month, the State’s own legal advisers recommended such changes.

The Law Reform Commission (LRC), as a result of a request from the Attorney General, carried out a detailed domestic and international examination on the issue.

It recommended, in June 2013, that new laws be introduced to allow judges to set minimum terms that must be served by murderers.

It highlighted a Northern Ireland-style system for murder cases, including sentences of 20-plus years, and as high as 35 years.

The LRC said Ireland was the only country in the common-law world without a system for minimum terms for murders.

It said the system in the North allowed for a “whole-life sentence”, but said these were rare. In one instance in which it was imposed, it was reduced, on appeal, to 35 years.

What happened to the LRC report and its recommendations are unclear, but it seems to have gathered dust. Ms McEntee has breathed new life into it and specifically mentioned the research as she announced her plans.

The development gives families hope it will actually happen.