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Dáil Éireann debate -
Wednesday, 7 Feb 2001

Vol. 530 No. 1

Priority Questions. - Prisoner Releases.

Alan Shatter

Question:

25 Mr. Shatter asked the Minister for Justice, Equality and Law Reform if he will conduct an inquiry into the circumstances which resulted in the day release of a prisoner and his conviction for murdering a person (details supplied) when on day release; and the reason day release was sanctioned as the prisoner in question had been convicted of committing an offence 18 months earlier when on early release subsequent to a previous conviction for murder and the imposition of a life sentence. [30464/00]

I have instigated an independent review of this case. It requires and deserves a specific response because of the very serious consequences which arose from the granting of temporary release in this case and the very understandable level of public concern it has generated. For that reason, in December last, I decided to have all aspects of the handling of the case reviewed.

The review is being undertaken by Mr. John Olden, the retired former Secretary of Roinn na Gaeltachta, who has practical prior experience of Irish prisons administration and is a senior serving member of the Council of Europe committee for the prevention of torture, inhumane and degrading treatment of persons in custody. I am informed that Mr. Olden's review is well under way but that he is not in a position to say when it will be finalised. Given the seriousness of the matter Mr. Olden should be given adequate time to examine all aspects of the case.

The terms of reference for the review by Mr. Olden are as follows: in light of the offender's conviction on 5 December 2000 for a second murder committed on 14 February while on temporary release from Castlerea Prison – (i) to review and report on the management of his sentences up to that time; (ii) specifically to report on the procedures followed and their adequacy leading to granting-revocation of periods of temporary release to this prisoner; and (iii) to make any observations and recommendations considered appropriate.

I propose to make the results of Mr. Olden's review available to the House and to the family of the victim. I will consider carefully any recommendations emerging from the review. Until Mr. Olden's review is completed, it would not be appropriate to comment further on the detailed management of this case.

However, I again remind the House that temporary release or parole is a feature of prison systems world wide and is an important vehicle for re-integrating into the community in a planned and controlled way, offenders often including those serving life sentences for murder. There is, undoubtedly, a large element of risk in this which requires careful consideration and the paramount concern is the safety of the public. If we were to adopt an entirely risk free approach to the management of life sentences, then no life sentenced prisoner would ever be released and such an approach would neither be right, in terms of effective sentence management, nor would it find favour with most Members in this House.

I appreciate the Minister may not know the exact date on which the report he has requested will be made available. Can he give the House any indication when the report can be expected? Will it be available before or after Easter?

In the context of the horrific murder of Nancy Nolan by the person concerned who was on temporary release, can the Minister advise the House whether any new precautions have been put in place to ensure someone else is not a victim in the same way of another temporary release that is inappropriate? Can he give the House some assurance in that regard?

I once again extend my deepest sympathy and that of the Government to the family of the deceased. This was an appalling outrage. I have asked Mr. Olden for a comprehensive review. I understand it is well under way and I sincerely hope it will be available at an early date. I cannot for obvious reasons state when precisely the review will be published but it will be published the moment it comes to hand.

Once the review is to hand, with the recommendations which no doubt Mr. Olden will put forward, it is my intention to examine the recommendations, have a debate on them and implement them as quickly as possible. In the meantime, the greatest care is taken to ensure there will not be a repetition.

The Minister says the greatest care will be taken to avoid a repetition. Is he aware of any other instances that have occurred since the death of Nancy Nolan in which someone, who was convicted of causing the death of another person, when on temporary release behaved in a manner which resulted in the possibility of further prosecutions being brought against him or her? What view is taken of situations where a person misbehaves on temporary release and appears by his or her conduct to pose a threat to third parties? Does it result in temporary release being immediately terminated? What reporting mechanisms exist to ensure there is co-ordination between the Garda, to whom allegations might be made about the behaviour of persons on temporary release, the prison authorities and the Department to ensure that persons who misbehave when on temporary release are not given the benefit of temporary release again for a considerable period?

Any person who is granted temporary release and who has served a lengthy sentence, having been convicted of murder, for example, would be on a structured temporary release programme. A person on temporary release is bound to keep the peace and be of good behaviour. Since the person concerned is still under the remit of the criminal justice system and its authorities, further conditions might be applied. A condition might be inserted to the effect, for example, that the person may not live in a certain locality, perhaps where the victim's family resides. Other such conditions are regularly attached to temporary release.

I am not aware of a person who committed a murder and was convicted a second time for another murder other than the person in this case. When people are granted temporary release, there is always an element of risk. Cases such as this, where a person is serving seven years or more, are examined by a sentence review group. The group comprises a panel of experts who make a recommendation to the Minister. Normally, the Minister of the day would go along with the recommendation because it would have gone through a lengthy and considered process. The difficulty with temporary release, even in a structured form, is that there is always an element of risk involved. In the vast majority of cases, however, there have not been difficulties and I am not aware of any other case of this nature.

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