Prison Committals

Thursday, 18 July 2013

Questions (542)

Luke 'Ming' Flanagan

Question:

542. Deputy Luke 'Ming' Flanagan asked the Minister for Justice and Equality the reason people convicted of minor offences are often brought to prison and released from prison on the same day, often by the same Garda who delivered them in the first instance; his views on whether this makes a mockery of the justice system and that it is a waste of Garda time and resources; if his attention has been drawn to the fact that on occasion people convicted of penalty points serve as little as two hours of a prison sentence; the reason this occurs; if it is down to a lack of prison places; and if he will make a statement on the matter. [36255/13]

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Written answers

Minister for Justice and Equality

The person referred to by the Deputy was committed to prison for non-payment of a Court ordered fine. I am advised that on the date in question there were 358 prisoners in Castlerea, 58 above the capacity recommended by the Inspector of Prisons. In addition, the person in question had no previous convictions and had received a sentence of 7 days imprisonment.

The granting of temporary release is provided for in Section 1 of the Criminal Justice (Temporary Release of Prisoners) Act, 2003. As provided for in this Act, I may consider those committed for non-payment of fines for temporary release where it is my opinion that it is necessary and expedient in order to ensure the good government of the prison concerned and to maintain good order in, and humane and just management of the prison concerned.

In making decisions in relation to temporary release, decision makers in the Irish Prison Service must have regard to;

(a) Nature and gravity of the offence to which the sentence relates,

(b) The sentence concerned and any recommendations of the court which imposed it,

(d) The potential threat to the safety and security of members of the public (including the victim of the offence to which the sentence relates),

(e) Previous offences of the prisoner concerned,

(f) The risk of the prisoner failing to return to the prison upon expiration of any period of temporary release,

(g) The prisoner’s conduct while in custody, or during a previous period of temporary release,

(h) Any report or recommendation from the Governor of the prison concerned, the Garda Síochána, a probation officer, or any other person whom the Minister considers would be of assistance in enabling him to make a decision,

(i) The risk of the prisoner committing an offence during any period of temporary release,

(j) The risk of the person failing to comply with any conditions attaching to his temporary release, and

(k) The likelihood that any period of temporary release might accelerate the prisoner’s reintegration into society or improve his prospect of obtaining employment.

I am pleased to inform the Deputy that the Fines (Payment and Recovery) Bill 2013 will be published on Friday, 19 July. I expect that the Bill, which provides for the introduction of attachment of earnings for the non-payment of fines, will result in a substantial reduction in the number of people committed to prison for the non-payment of fines.