Seanad Éireann debate -
Wednesday, 29 Apr 1998

Vol. 155 No. 7

Adjournment Matters. - Sentence Reviewing.

Ms O'Meara

I thank the Minister for coming into the House and look forward to his response. A constituent of mine asked me to raise this matter specifically with the Minister. The Minister has had correspondence with the man involved. I know he does not comment on individual cases but I will deal with an issue that arises from this case.

This man's daughter was murdered in 1992. She was a nurse, a young woman in the prime of life who was brutally taken from her family. Their lives were shattered by this event and will never be the same again. We cannot under-estimate or even properly describe the extent of the distress felt by them since the murder of their daughter. I spoke to the man and I am aware of the level of suffering he endures and will continue to endure. Recently, this man has taken to telephoning the prison where his daughter's murderer is held; the offender was sentenced to life imprisonment. The man rings every year because he feels strongly that he and his family, as victims, have a right to be consulted in the event of the release of this offender but, currently, they have no voice.

The Minister set out a number of facts in a letter to my constituent earlier this year. After seven years an offender can have his sentence reviewed by the sentence review group which advises him in regard to the administration of long-term sentences. He then set out the following factors which are taken into account when determining the length of sentence: the potential risk the offender poses to the public; the nature of the offence committed; behaviour while in prison; recommendations made by the sentence review group; the views of the Garda and the trial judge and compassionate grounds.

However, there is no reference to the views of the family of the victim or to compassion for those left behind in the wake of the horrible deeds of the offender. The letter caused considerable distress to my constituent and I know that was not the Minister's intention but he, and many others like him, are suffering life sentences silently. They, unfortunately, do not have a sentence review group to look at their cases or to restore their lives to them.

Will the Minister take this man's pain, and that of many others, into account? Is it not time we gave victims' families recognition for their suffering? Victim impact studies have been introduced in some cases. This week we heard graphic descriptions of how one serious offender wrecked lives but we also know — and psychologists confirm this — that being included is extremely important in the healing process for victims as they feel they have been acknowledged and that the court which represents the public hears them.

My constituent feels alienated and isolated that he is not heard. I know the Minister does not want that situation to continue and I appeal to him to find a way in the legal system to hear the voice of the victim and, in particular, to take into account the fact this family knows the person who murdered their daughter could be released back into the public. A group will review that sentence at some stage and the family will not be allowed to be part of that process.

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

The sentence review group was established by the then Minister for Justice in 1989 to advise on the administration of long-term prison sentences. It is a non-statutory body. All offenders who have served a term of seven years or more of a current sentence, including life sentences, but excluding offenders serving sentences for capital murder, may, if they so wish, apply to have their cases considered by the group.

The members of the group who are all appointed by the Minister include a representative of the medical/psychiatric profession, a person with experience of supervision or aftercare of discharged persons, a senior officer of the Probation and Welfare Service and a representative of the Department of Justice, Equality and Law Reform. It is important to remember that the group is an advisory body only and that the Minister at all times retains the final discretion regarding the recommendations the group makes. The Minister can accept them in their entirety, in part or reject them.

I accept that serious consideration must, of course, always be given to the sensitivities and concerns of the victims of crime in all areas of the treatment of offenders. The concerns of victims have been taken into account in the past by the group in considering cases and this has been reflected in the recommendations and the decisions that were made. Officials of my Department have also met with victims' families on occasion and recorded their views. This is a welcome development and one I wish to see continuing in the context of the overall question of sentence administration and management.

The possible effect on victims is, as the Senator correctly pointed out, an extremely important consideration. In certain cases where an early release might pose potential difficulties for a victim's family, such as where a serious offender is likely to come into contact with his/her victim's family in the community, efforts are made to prevent this by making it a condition of the offender's release that he or she does not reside in or go near a particular area.

All cases of serious risk offenders are carefully managed and the approach to these cases is kept under continuous scrutiny and review in my Department in consultation with prison governors and the Garda. Many victims of crime choose to try to put their unfortunate experience behind them and some move to a new area. If the victims have moved away or not maintained contact with the prosecuting gardaí it could be difficult to contact them. It could also be distressing for them to be reminded of an event they have tried to forget.

The vast majority of those convicted of murder and serving life imprisonment do, however, eventually reach the stage in their sentence where the management of their sentence requires consideration of rehabilitative measures, including such steps as occasional temporary release to attend workshops or educational facilities outside the prison environment. Where this happens, in the case of a person convicted of murder, special conditions may be attached which take into account the genuine concerns of the victim's family. Before authorising a prisoner's release the following factors are considered: would the release constitute a threat to the community. Is it reasonable to grant temporary release at this 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?

Offenders who are serving an indeterminate sentence of life imprisonment would be subject to the supervision of my Department after their eventual release. This supervision is carried out on behalf of my Department by the Probation and Welfare Service. In all such cases, there is the condition that the person released must be of good behaviour. In the event that he or she misbehaves or comes to the attention of the authorities for any breach of his or her temporary release conditions, he or she may be arrested without warrant and taken back into custody without the need for fresh proceedings and may be held in custody thereafter at the discretion of the Minister.

I assure the Senator that the needs of victims will continue to be a significant part of my agenda for improvements in the criminal justice system. An Action Programme for the Millennium indicates that the needs of victims must be central and action by the Government is ongoing in a number of areas.

The conference on the victims of crime, held in Dublin Castle last December, was an initiative of mine to ensure that everybody with an interest in the area could meet in a spirit of productive co-operation to examine the best way forward in helping victims of crime. Building on this consultative process and, in order to copperfasten high standards of support and protection for crime victims, I will be publishing a new charter for victims of crime later this year.

My Department provides financial support for the Irish Association for Victim Support. Facilities for the association are also provided in all major courthouse building projects. The National Crime Forum, on which there is a representative of the Irish Association for Victim Support, has been sitting in public over a number of weeks since 26 February 1998. The aim of the forum is to give interested parties, including victims and their families, an opportunity to make their views known to policy makers in the criminal justice area. There are also plans to establish a permanent community based crime council later in the year.

In conclusion, I would like to say that while there is no formal mechanism in place to obtain the views of a victim's family on the question of temporary release, the fact is that such views, when made known, are always taken into account.

I appreciate the points made by the Senator and assure her that I will consider them carefully. I sympathise with the families of all victims, including the one referred to by the Senator. If she wishes to discuss any particular case I would be glad to arrange a meeting for her with myself or the relevant officials.