I propose to take Questions Nos. 6, 7, 20, 49 and 115 together. The statutory authority for the release of most sentenced prisoners rests with the Minister for Justice under section 2 of the Criminal Justice Act, 1960. While I make the decision in many cases, for administrative reasons this is not always possible. In cases where I do not authorise a release the decision is taken by a senior official of my Department following consultation with the prison governor and the Garda Síochána.
When offenders serving longer sentences, including life, have served seven years of their sentences they are entitled to have their cases reviewed by the sentence review group. This is a non-statutory body chaired by Ms Mary Kotsonouris, a former judge of the District Court. Recommendations by the group are submitted to me for decision in each case.
In the case of offenders who do not qualify, on the basis of length of sentence served, for consideration by the sentence review group a system of review meetings is operated at all the prisons and places of detention. These meetings, which are always attended by a senior official of my Department, enable the views of the various agencies dealing with an offender - such as the prison governor, prison staff, psychiatric and psychological services, chaplains and the probation and welfare service, — to be fully taken into account in the management of their sentences which may in suitable cases include the granting of temporary release.
Temporary release arrangements are, in effect, our system of parole, which is a feature of prison systems worldwide. Paroles are an important vehicle for reintegrating an offender into the community in a planned way. While due regard must be had to any risk which a particular release might pose, the generally accepted view is that the risk to the community would be even greater if, in certain cases, attempts at planned reintegration of offenders were not made since they must return to the community anyway on the expiry of their sentence.
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. Other conditions could include supervision by the probation and welfare service and reporting at regular intervals to a Garda station etc. Temporary release automatically ends if any conditions are breached, in which event the individual concerned can be immediately returned to custody without warrant.
While the system of temporary release is soundly based, I am also aware that, due to a shortage of prison accommodation, some offenders are granted temporary release earlier than would otherwise be the case. I do not believe, however, this problem can be addressed by means of changes to the guidelines under which the system currently operates. No matter what system or set of guidelines was in place, it would have to operate as the present system does on the principle that those released are, on the basis of the best advice available, the most suitable candidates for release on the day.
The document entitled "The Management of Offenders — A Five Year Plan" which was published last year, contains in chapter 5, a review of the current temporary release arrangements together with a number of specific proposals for the future. These proposals provide for a reduction in the number of unsupervised releases in favour of a system when the majority of releases would be closely supervised by the probation and welfare service. The plan also provides for an increase in the number of prison spaces and this aspect is currently under active consideration.
The establishment of a prisons board and a parole board are among a number of options being examined actively in accordance with the commitment contained at paragraph 119 of the Programme for Government, published in December, 1994. The outcome of this examination will, in the first instance, be brought before the Government for its consideration as soon as possible. There is one outstanding legal action, and one claim for damages which may result in legal action, against the State arising out of criminal offences allegedly committed by prisoners while on temporary release from prison. The legal action relates to a claim for damages arising from a malicious wounding conviction dating from 1992. The claim arises from a conviction for malicious damage and arson in 1993. Legal proceedings have not been initiated in the latter case.
On 13 December last a total of 408 offenders were on temporary release. These releases were granted for various periods of time as appropriate, ranging from a few hours to weekly renewable temporary release. Records are not maintained in such a manner as to indicate the number of offenders convicted of crimes while on temporary release.