Written Answers. - Prisoner Releases.
Charles Flanagan
Question:
73
Mr. Flanagan
asked the
Minister for Justice, Equality and Law Reform
if he will introduce legislation to provide for the early release of prisoners and the suspension of sentences as a consequence of the judgment delivered in a case (details supplied); and if he will make a statement on the matter.
[3266/01]
Alan Shatter
Question:
149
Mr. Shatter
asked the
Minister for Justice, Equality and Law Reform
if he will introduce legislation to provide for the early release of prisoners and the suspension of sentences as a consequence of the judgment delivered in a case (details supplied); and if he will make a statement on the matter.
[30470/00]
I propose to take Questions Nos. 73 and 149 together.
The questions refer to the comments made by the Supreme Court in the recent case The People (DPP)–v–Finn. In that case the Supreme Court commented on a practice whereby, in imposing sentence, a court also provides for a review of the sentence, i.e. it sets a date in the future when the sentence will be reviewed by that court. The Supreme Court said that sentences in this form are undesirable and the practice of imposing them should be discontinued. I should explain that while the comments were made "obiter" they can, however, be expected to have a strongly persuasive effect, particularly as the Supreme Court in making the comments stated that it was satisfied that it would be desirable in the public interest that such guidance should be available to trial judges.
Other comments made by the Supreme Court in the case fall to be considered by the Executive. The court suggested a number of reasons for the growth of this practice including the need created by the "revolving door syndrome" to ensure that prisoners actually served their sentences and the absence of any significant legislative initiative on the topic. The Supreme Court went on to say that it is extremely desirable that remission and sentence review should be placed on a clear and transparent basis but that it is ultimately a matter for the Oireachtas to decide whether to retain the present system, put it on a clearer and more transparent basis, devolve it to a parole board or confer it on the courts.
I welcome the views of the Supreme Court in this matter. I have devoted a great deal of my energy since becoming Minister to dealing with the problems identified by the Supreme Court as facilitating the growth of the practice of imposing reviewable sentences. As a result of this Government' s unprecedented investment in our prison infrastructure–1,207 prison places were provided by the end of last year–the revolving door syndrome is now, thankfully, a thing of the past.
I have already announced my intention to proceed with the establishment of a parole board on an administrative basis pending the enactment of legislation to create a statutory parole board. I had planned to provide for the statutory parole board as part of the Prisons Bill which is being prepared in my Department. As I indicated today in response to Question No. 33 from Deputy Deasy, I am reflecting on whether to separate out the provisions dealing with the parole board from the rest of the Prisons Bill, principally to allow the non-statutory parole board to gain experience before putting it on a statutory basis.
I would also refer the House to another important legislative initiative which I am proposing. I expect shortly to ask Government to approve the publication of a Criminal Justice (Temporary Release) Bill, 2001. The purpose of this Bill is to amend the Criminal Justice Act, 1960, so as to provide a clearer legislative basis for the power of the Minister for Justice, Equality and Law Reform to grant temporary release by setting down the principles which will apply to the exercise of this power. I am satisfied that this Bill, together with the establishment of the parole board, will provide the clear and transparent basis which the Supreme Court has said is desirable, as well as the necessary safeguards required, for the operation of the system of temporary release.
