Dáil Éireann Debate, Tuesday - 11 December 2012
84. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality his plans to place on a statutory footing, clear and transparent criteria for release of prisoners through remission, temporary release and parole, as well as provision of the disclosure of reasons to prisoners for all decisions taken and the remedy to appeal any decision taken. [54468/12]
View answer100. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality his plans to introduce a single piece of legislation dealing with the matters of remission, temporary release and parole law; and if he will make a statement on the matter. [54467/12]
View answerI propose to take Questions Nos. 84 and 100 together.
The power bestowed on the Minister for Justice and Equality to grant remission and temporary release is clearly set out in existing legislative instruments. Rule 59 of the 2007 prison rules provides that a prisoner is eligible by good conduct to earn a remission of sentence not exceeding one quarter. Rule 59(2) allows for the discretionary granting of remission in excess of one quarter but not exceeding one third where a prisoner has shown good conduct by engaging in authorised structured activity and as a result is less likely to offend and better able to reintegrate into the community. The legislative basis for making decisions on temporary release is fully set out in the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003.
The legislation sets out clearly the purpose of temporary release, the situations in which it may be granted and the criteria to apply to decisions to grant temporary release. Candidates for temporary release are identified by a number of different means but primarily on the recommendation of the Prison Governor or the therapeutic services in the prisons. The prisoner, their family or their legal representative can also apply for consideration of such a concession. Recommendations are also made to me in relation to long term sentence prisoners by the Parole Board. Each application is considered on its individual merits and evaluated using the following criteria as outlined in the Criminal Justice (Temporary Release of Prisoners) Act 2003: the nature and gravity of the offence to which the sentence being served by the person relates; the sentence concerned and any recommendation made by the Court in relation to the sentence imposed; the period of the sentence served by the person; the potential threat to the safety and security of the public should the person be released; the person's previous criminal record; the risk of the person failing to return to prison at the expiration of the period of temporary release; the conduct of the person while in custody or while previously on temporary release; any report or recommendation made by the Governor, the Garda Síochána, a Probation Officer, or any other person whom the Minister considers may be of assistance in coming to a decision as to whether to grant temporary release; the risk that the person might commit an offence during any period of temporary release; the risk of the person failing to comply with any of the conditions of temporary release; the likelihood that a period of temporary release might accelerate the person's reintegration into society or improve his prospects of obtaining employment.
I announced my intention last year to enact legislation to place the interim Parole Board on a statutory footing which I believe will help to strengthen the Board and improve its functions. My Department is currently considering exactly what role a statutory Parole Board should play, what powers it should have, and the implications of same with a view to preparing the Heads of a Bill. An all encompassing strategic review of penal policy is also underway which is examining all aspects of penal policy including prevention, sentencing policies, alternatives to custody, accommodation and regimes, support for reintegration and rehabilitation and the issue of female offenders. I will consider the options when that review has been completed.
