Gay Mitchell
Question:2 Mr. G. Mitchell asked the Minister for Justice the criteria for the granting of temporary release or weekend release to offenders in custody.
Ceisteanna—Questions. Oral Answers. - Granting of Temporary Releases.
Temporary release, including weekend release, of sentenced prisoners may be granted by the Minister for Justice under the provisions of the Criminal Justice Act, 1960. In all cases regard is had to a number of factors including the nature of the offence, the length of sentence, the length of time served, behaviour while in custody and the safety of the public. Weekend releases may be granted for a variety of reasons including family occasions, resocialisation and as part of structured pre-release programmes.
Where temporary release is granted it is always subject to conditions. In all cases there is the condition that the person released must be of good behaviour. Various other conditions may be applied, for example, the individual concerned may be subject to supervision by the probation and welfare service, he or she may be required to report at regular intervals to a Garda station or to reside at a particular location and so on. Temporary release automatically ends if any of these conditions is breached and the individual concerned can be immediately returned to custody without the need for fresh proceedings.
Will the Minister explain why she persists in applying a different system in Galway from that which applies in the rest of the country? Is she aware that male and female prisoners have been reduced to tears because their applications, if they are from Galway, must go directly to the Minister for personal review and consideration? Is she aware that this is considered to be most unacceptable and unprofessional by many of the chaplains and social workers who are very concerned about a malpractice in the prison system?
Offenders from Galway do not receive different treatment from offenders in other parts of the country. Obviously I have a personal interest in offenders from my city and county who are in our prisons. I examine certain specific cases in relation to them as I do in relation to other certain specific cases from other parts of the country. It is not true to say, therefore, that they receive preferential treatment from me because they come from my county.
The allegation is true and I stand over it. I will produce evidence if the Minister would like to appoint an independent person to inquire into the matter. If I am wrong I will resign as Fine Gael Justice Spokesman and if the Minister is wrong I would expect her to resign as Minister for Justice. She is misleading the House whether she intends to do so or not.
Let us be careful about our language. I am concerned about the Deputy's inference that the Minister is misleading the House.
The Minister will not mislead me. I have this from two very good independent sources who have no axe to grind.
The Deputy knows the procedure in connection with accusations of that kind.
I do. Does the Minister agree that her constant personal determination to oversee every application from Galway is unfair to prisoners from Galway and amounts to cruel and degrading treatment of them and their right to be treated in the same way as any other prisoner? Does she accept that it is totally unfair to treat Galway in a different manner from the rest of the country and that the people in Crumlin are entitled to the same treatment as those in Connemara?
I do not accept that the Minister looking at requests for temporary release for prisoners from Galway is unfair to prisoners from Galway. I explained to the Deputy and others some time ago in the House that I have not done anything different from what my predecessors did in relation to temporary releases for prisoners. A Minister for Justice from any part of the country would have a particular knowledge of offences for which prisoners have been committed to prison. It would be extraordinary if a Minister did not have a particular interest in certain specific cases. That would be normal and natural and I would accept it from any Minister for Justice, as I hope they would accept it from me. Prisoners from Galway are not the only ones who come to my attention regarding temporary release applications. Quite a substantial number of temporary release applications are submitted to me and I take a particular interest in all of them.
Will the Minister take up my invitation to submit to independent investigation my allegation that she is treating prisoners from Galway in a different manner from other prisoners? It is unfair and degrading. There is much concern about it in the system.
The Deputy has made his point rather effectively.
Will the Minister take up my invitation to submit this to independent examination?
Question No. 3 please.
Are we going to get a reply? Is the Minister going to sit there? I am accused of——
The Chair cannot compel a Member to speak.
What do we take this dumbness for? It is a total abuse or prisoners——
No. 3, please.