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Prisoner Transfers

Dáil Éireann Debate, Wednesday - 26 June 2013

Wednesday, 26 June 2013

Questions (194, 195)

Éamon Ó Cuív

Question:

194. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the reason a prisoner (details supplied) was refused a transfer to an open prison on the premise that they could not be interviewed by the Parole Commissioners for parole there in view of the fact that the Parole Commissioners have stated that they cannot interview them until October or November; and if he will make a statement on the matter. [30862/13]

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Éamon Ó Cuív

Question:

195. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality when a decision will be made on an application by a person (details supplied) for remission based on good behaviour; and if he will make a statement on the matter. [30863/13]

View answer

Written answers

I propose to take Questions Nos. 194 and 195 together.

I wish to inform the Deputy that the person referred to is serving a sentence of eight years imprisonment for a very serious offence and no decision in relation to his transfer to an Open Centre will be made until I have sight of the recommendations of the Parole Board.

Issues concerning risk to the community and preparation for re-integration are much more complex in relation to offenders serving long sentences. The Deputy will be aware that the Parole Board was established in October 2001 to advise in relation to the sentence management of those serving eight years or more.

The Parole Board will receive a detailed dossier in respect of the prisoner's progress in custody with input from the therapeutic and other services with which the prisoner has engaged. The board will also receive recommendations as to the future management of the case and assessment as to the risks of re-offending.

Having reviewed cases, the board usually recommend one or more of the following:

- transfer to another prison/open centre;

- programme of short term releases;

- structured programme advising that the prisoner should participate in therapy, education, work/training or resocialisation.

Once the board make their recommendations, I will make a decision which will be conveyed to the prisoner in writing giving general reasons leading to the decision. The board has an advisory role and I may or may not accept a recommendation made by them.

The prisoner in question has also submitted an application for one third remission, which is provided for under Section 59(2) of the Prison Rules, 2007. The discretionary granting of additional remission, as opposed to the standard rate of one quarter, will be considered where a prisoner has shown the following:

(i) to have displayed good industry in prison and continue to be of good conduct;

(ii) to display willingness to seek employment through education/course work whilst in prison to enhance their chances of gaining employment upon release;

(iii) through engagement in authorised structured activity and where, as a result, the prisoner is less likely to re-offend and will be better able to reintegrate into the community.

An essential part of the criteria for rewarding one third remission is that applicants engage in offence focused work which in turn should lead to a reduced risk of re-offending.

While an application for enhanced remission has been received from the prisoner in question, he will be informed that as his application does not contain evidence of offence focused work (to be supported with the proper documentation), it will not be considered at the present time. He is welcome to resubmit another application at any time with the supporting documentation.

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