Dáil Éireann debate -
Thursday, 25 Jun 1998

Vol. 493 No. 2

Written Answers. - Victims of Crime.

Pat Rabbitte

Question:

65 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform if his Department is paying compensation to victims of crime carried out by offenders on temporary release as recently claimed by a District Judge (details supplied); if so, the number of these cases in which settlements were made; the average amount paid; and if he will make a statement on the matter. [15407/98]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

My Department's records indicate that three claims have been settled in respect of personal injuries sustained in very exceptional circumstances by persons arising from assaults on them by offenders on temporary release or unlawfully at large. These incidents occurred in 1986, 1990 and 1992. The total amount of settlement payments was £73,000 plus legal costs of £30,000 approximately.

As the Deputy will be aware, the granting of temporary release is a statutory function of the Minister for Justice under the Criminal Justice Act, 1960. Temporary release may be granted for various reasons to prisoners serving sentences of imprisonment and is an essential part of the rehabilitation process. Each case is individually assessed on the basis of the views of the governor of the institution in which the offender is imprisoned, the Garda Síochána and, if relevant, any recommendations of the sentence review group, taking into consideration such matters as: Would a release constitute a threat to the community? Is it reasonable to grant temporary release at this particular stage, in view of the nature of the crime committed? Does the offender merit temporary release having regard to behaviour while in prison? Are there any compassionate grounds which merit special consideration?

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 of 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.

It must be accepted that there is some risk involved in every case where a prisoner is released and if compensation were to become payable by the State in every case where a prisoner commits a further offence while on temporary release then this would have serious repercussions for the temporary release process and ultimately for the rehabilitative process which it is meant to serve.