Sentencing Policy
Dail Éireann — 2026-01-14
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Jim O'Callaghan (FF), Dublin Bay South

I acknowledge what the Deputy has said and agree with him. What happened to Fionnuala Bourke was that a harrowing and desperately traumatic crime was perpetrated on her. The perpetrator received a sentence and justice was done. My understanding is that she did not commence that sentence because at the time, she was being detained within the Central Mental Hospital. What happened in this instance was that there was a detention but not a detention on the basis of the guilt of the perpetrator because of the crime she committed against Ms Bourke. That could have been resolved through consideration regarding the imposition of a concurrent sentence. I am not sure which of the offences was dealt with first. I will look at the situation within the Department. I do not want to mislead the Deputy or indicate to him, or, more importantly, to Ms Bourke, that there is a simple solution that can be put in place to resolve this issue. I do not think that is the case. Hers was a highly unusual case. However, as a victim, she is certainly entitled to be given information in respect of when her perpetrator is to be out in public again. That is something to which she is entitled. I hope there are mechanisms in place to ensure that can be achieved.
In many instances, it is very traumatic for individuals to find that the person responsible for the serious offence against them is back out in the community. I know one of the tools that the Prison Service, I and the courts have available is to provide exclusion zones or to grant release on certain grounds and conditions. Those conditions, certainly in respect of very serious offences, can result in people being prevented from going into certain areas.
That is obviously an issue of some complexity and that measure has to be exercised sensitively but it recognises our deep concern about ensuring that victims are protected from the ongoing damage caused to them by such offences.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-01-14/debate/main
Retrieved: 2026-08-14T04:54:30+00:00
Sitting date: 2026-01-14