I fully appreciate the concerns underlined by the proposed amendment. The Minister for Justice, Equality and Law Reform is very conscious of the plight of victims and the potentially devastating consequences of some offences. As Deputy Costello is probably aware, the Irish Prison Service does not automatically inform victims of temporary release, as experience has shown that many victims of crime do not want to receive such information as it may serve only to bring back the hurt and pain experienced. However, a system is in place whereby a victim may ask the Prison Service, through the prisoner-victim liaison officer, to be notified if an offender is to be given temporary release, and such requests are complied with.
In addition, the Prison Service will, if requested by the victim of a serious sexual or violent offence, notify the Garda prior to release of the perpetrator from prison, either on temporary release or at the end of his or her sentence. The rights of the victim are also acknowledged at the time of sentencing, where in the case of a sexual offence within the meaning of the Criminal Evidence Act 1992, or an offence involving violence or the threat of violence to a person, the court is obliged in accordance with section 5(1) of the Criminal Justice Act 1993 to take into account any effect of the offence on the person against whom it was committed. This is usually done through the submission of a victim impact report and, if the victim requests, his or her evidence as to the effect of the offence.
In operating a system such as temporary release it is important that it be objective and transparent, and that it operate under specific criteria. That is the purpose of this Bill. No system of temporary release can be risk free. The key is to balance possible risks against possible benefits. The alternative is to opt for a regime where there is no possibility of temporary release. I am sure the committee will acknowledge that this would not be a very humane prison regime and could have other consequences.
Under the Deputy's amendments, it would be very difficult to operate a temporary release regime. It is likely that a large proportion of representations by or on behalf of victims would set out reasons the person should not be granted temporary release. Nor would it be appropriate to provide for a system where the views of a victim of a previous offence, for which a sentence has been completed, could be taken into account at a later date for a separate offence.
Under subsection (3), a prisoner cannot be granted temporary release if the Minister is of the opinion that for reasons connected with any one or more of the matters referred to in subsection (2), it would not be appropriate. It is also important to remember that temporary release is not an entitlement and, if granted, does not confirm an entitlement to future releases.
I am concerned that there is no automatic system of notifying victims of an impending temporary release. I understand the reasoning. Some victims might not want to know. It is important - I have communicated this to departmental officials - that we include a provision in primary legislation that a victim should be informed unless he or she decides to opt out. There should be an opt-out mechanism.
On the substance of the other part of the amendment tabled by the Deputy, it is my experience that in practice, victims make representations, which are presumably read and responded to. The difficulty the parliamentary counsel has with the amendment relates to subsection (2), under which it would fall. It reads, the Minister "shall, before giving a direction" - that is, the Minister would be statutorily obliged to take into account something said by a victim. One could, for example, have a situation - though I am not suggesting this would be a widespread practice - where all the conditions are in place to allow someone temporary release, which the authorities approve, saying it would help in the rehabilitation of the prisoner and his or her reintegration into society. The victim could then put something in writing, threatening suicide, for example, if the prisoner was released. That could give rise to serious consequences. It is a difficulty.
In addition to what I have said about providing in primary legislation for automatic notification, unless the victim chooses to opt out, I have thought about providing an extra paragraph in the Bill on Report Stage to state the Minister "may also" take into account representations on behalf of victims. This would also cover the other amendment made by the Deputy, referring to representations made "on behalf" of victims, not merely by the victims themselves. It would certainly go quite a distance to meet the substance of what the Deputy wants and could avoid the difficulties of just including it as a further paragraph under subsection (2).