Vol. 443 No. 8
3 Ms O'Donnell asked the Minister for Justice the steps, if any, that are taken to ensure that sex offenders are not prematurely released into the community in view of the conviction for rape last week in Britain of an Irishman who had recently been released from prison in Ireland having served four years of a six year term for rape; and if she will make a statement on the matter.
All offenders are entitled to a quarter remission of their sentence dependent on good behaviour. At present sex offenders are not granted any other early release concessions. This means that they are released only on the expiry of the sentence imposed on them by the court less standard remission. The legal authority to hold them in custody after that, of course, cease to exist. The offender referred to by the Deputy served the full term of his sentence less standard remission.
While present practice is as I have indicated, it may change in the context of the new sex offender treatment programme which is about to be introduced. I understand that international experience suggests that the grant of additional, controlled parole concessions to those who take part in such programmes may play an important part in their success. I am not, therefore, ruling out such a development here since it is so important to obtain maximum benefit, in the interest of the community, from such programmes. I can assure the Deputy that no change will be made in this regard without extremely careful consideration being given to the implications involved.
Will the Minister confirm that this man was granted automatic remission of 25 per cent of his fixed sentence of six years for the rape of a 14-year-old Irish child? Will she further confirm that three months later he committed a cruel rape for which he was convicted and sentenced to 12 years in Britain? Does she accept that it is reckless to the point of irresponsibility to release into the community people who are not subjected to a review of their propensity to re-offend? Does she further agree that if such a review system is not put in place we will fail in our responsibility to protect society from such men when research has shown they are likely to re-offend?
The offender served the full amount of his sentence to the very last day, excluding standard remission. As the Deputy knows, as Minister for Justice, I do not have discretion in relation to statutory remission.
Would the Minister consider it appropriate that in the case of sex offenders such automatic remission should not be allowed unless there is an independent review of the propensity of that offender to re-offend?
It may well be that the statutory remission which I do not have discretion to change might not be suitable in some cases but if it were to be changed it could only be done by statute. I cannot do it by way of discretion.
The Minister has accepted in principle the concerns I am raising. Would she not bring forward some change in the law to provide for the removal, in the case of sex offenders, of the 25 per cent automatic remission?
I will not promise to bring anything forward but I will look at it and now might be a good time to do so as we are in the process of introducing a new treatment programme for sex offenders in Arbour Hill Prison.
