Vol. 560 No. 5
9 Mr. Sherlock asked the Minister for Justice, Equality and Law Reform if he has finalised arrangements to have the report from the parole board on a person (details supplied), whom he previously represented in court, considered by another member of the Government; and if he will make a statement on the matter. [2922/03]
The person referred to by the Deputy has been serving a life sentence for murder since January 1983. His case was considered by the interim parole board in July 2002. The board's recommendation in the case was subsequently received in my office on 13 August 2002. As is fairly acknowledged by the Deputy in his question, I publicly expressed my wish to refer the interim parole board's recommendation in the case to a ministerial colleague for consideration, arising from the fact that I had previous dealings in the matter. I sought and have received advice from the Attorney General on the practical arrangements to give effect to this. Having considered this advice, I intend to have the necessary arrangements made for the delegation to a Minister of State in my Department of the power to make a decision in the matter.
I ask for further clarification. I presume the Minister has delegated power in this matter to the Minister of State in his Department from Limerick. When did he do this and when does he expect the Minister of State to give an answer on the matter? If that answer is a recommendation for release, will the Minister accept it?
The position is that either I deal with the matter or I do not. We cannot have a position in which such power is delegated in a yo-yo like manner, in the sense that I would be free to pull it back into my hand depending on the outcome of the process. If I am to stand aside from the process, I have to do so categorically. In order for me to vest my functions in a Minister or Minister of State, a decision by the Government is required under, I believe, the Ministers and Secretaries (Amendment) Acts, delegating my function in the matter to a Minister or Minister of State.
I have been examining a number of possibilities, one of which was that prior to leaving the country the next time I go on holidays, in which case my functions would be delegable to another member of Government. In any event, I would arrange that the matter be brought before the Minister or Minister of State in question.
When does the Minister plan to go on holidays?
Unfortunately, I am so busy working on behalf of the people that there would be an undue delay. The second possibility was to advise the Government that I intended to take no part in the deliberation and seek its advice on it, but such action would be fraught with difficulty. I have asked a Minister of State in my Department to deal with the matter, which is the best way to proceed. In terms of when it will be done, that will be as soon as I have put together a memorandum for Government to authorise the delegation of my power in this respect to the Minister of State. Deputy O'Dea, one of the Ministers of State in my Department, has indicated that he is prepared to take responsibility for the matter.
