Vol. 531 No. 5
10 Mr. Hayes asked the Minister for Justice, Equality and Law Reform the temporary releases granted to date to a person (details supplied); if it is intended to grant further temporary releases; if his attention has been drawn to the distress caused to a family (details supplied) by the temporary release of this person; and if he will make a statement on the matter. [6211/01]
It is a long standing policy not to comment in detail on the sentence management of any individual prisoner and I do not propose to make an exception in this case. However, this prisoner has received a small number of accompanied temporary releases. In addition, I recently approved a sentence management programme, recommended by the Sentence Review Group, which includes short periods of temporary release.
I have explained to the House on several occasions recently that temporary release or parole is a feature of prison systems world wide and it is an important vehicle for reintegrating offenders into the community in a planned and controlled way. There is, undoubtedly, a significant element of risk in this which requires careful consideration and the paramount concern is the safety of the public. However, it fall on me as Minister to strike a balance between sometimes conflicting considerations, such as the rehabilitation of the offender and his reintegration into the community and any risk which a particular release might pose.
In making individual decisions on temporary release, particularly in cases involving the death of a victim or other serious offences, the possible effect on victims or their families is an extremely important consideration. To address these concerns conditions can be imposed on temporary releases in relation to where the offender may go. Such conditions are attached expressly in view of the distress that encountering an offender may cause. In this case a prohibition on travel to the area where the victim's family resides has applied and will continue to apply in view of the strong concerns expressed to me. The case will remain under regular review and progress will be closely monitored. It is my intention to continue a programme of temporary release in respect of this prisoner, subject to ongoing review and continued good behaviour.
Where the victim of a serious crime, or their family, inform my Department or the Irish Prison Service that they wish to be notified prior to such transfers or temporary releases or where an early release might pose potential difficulties for a victim, such as, for example, where a serious offender is likely to come into contact with his or her victim in the community, efforts to advise the victim or the family are made through the Garda.
In this instance, I am fully aware of the concerns of the family of the victim. I have spoken to the victim's father and he has also spoken with an official in my Department. I have undertaken to inform him of significant changes in the administration of the sentence of the offender which will include notice of temporary release programmes.
Will the Minister acknowledge that the family of the young girl viciously murdered by the prisoner concerned has been caused considerable distress not only by his temporary release but by the fact that they received no notice of his temporary release? Will he indicate on how many occasions the prisoner has been on temporary release and the number of occasions on which the family were given prior notice of his release? Will he also indicate whether the temporary release now being availed of by this prisoner is leading to his ultimate early release and when that is likely to happen?
The Sentence Review Group operates on the same general lines as parole boards in other jurisdictions and advises Ministers regarding long-term prisoners. Its personnel comprises people with long experience working with ex-prisoners and their families. This matter would have been considered by that group.
The Sentence Review Group recommends a programme of activity which will ultimately lead to the release, on a temporary basis, of the individual concerned. Such a person, in the case of an indeterminate sentence would remain within the remit of the authorities or, in the case of a determinant sentence until that sentence expired. I do not have plans to publish the names and addresses of people granted temporary release for very obvious reasons. However, serious consideration must also be given to the sensitivities and concerns of the victims of crime in the treatment of offenders. These sensitivities are taken into account when considering offenders for transfer to open centres, periods of temporary release or early release. I would very much regret incidents where people's sensitivities are trampled upon but I can assure Deputy Shatter that the authorities do their utmost to respond to such sensitivities.
That concludes questions for today. We must proceed—
May I ask a brief supplementary. Would the Minister not accept in the context of this prisoner being given a life sentence for a very vicious murder that temporary release has been prematurely granted and that a far greater sentence should have been served before the position pertained, as outlined by him to this House.
May I ask a brief question?
We are eating into time and depriving another person of his time for speaking on the motion before the House. We are already infringing on that time. A brief question, Deputy Enright.
Would the Minister agree that his Department is failing to recognise victims' sensitivities? In this instance the notification given was minimal and in many instances, of which I can give examples, the notification of the victim's families is grossly inadequate.
In relation to this prisoner, who was convicted for murder, sentenced to life imprisonment and has served in the region of nine years, the arrangements in place which are part of the rehabilitative process for the prisoner are not of a nature that would require them to be communicated to the victim's family. These arrangements at all times take into account the effect such a release can have on the community and on the family of the victim. Specifically, the prisoner is allowed temporary release under supervision to attend a work training programme. He is not allowed, during a period of temporary release, to be anywhere in the vicinity of the place where the offence concerned took place or in the region of which the family of the victim resides.
The prisoner has not breached any of the terms of his temporary release. The sentence review group has reviewed the case twice to date and is satisfied with the progress of the prisoner in prison. Advice from all other authorities is taken into account.
If a significant change were to be contemplated in the sentence management arrangements for this prisoner that would impact on the victim's family – I give this undertaking to Deputies Shatter and Enright – these will certainly be communicated to the victim's family.
It did not happen in the Nancy Nolan case.
We must proceed.
