Written Answers Nos. 112-118
112. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status or both of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [33567/15]
View answerThe person concerned lodged an application for asylum at the Office of the Refugee Applications Commissioner on 19th November 2014. Following investigation by that office, it was established that the person concerned had been in possession of a valid visa issued by the United Kingdom authorities at the time of his asylum application in this State.
Arising from their previous visa history in the United Kingdom, and in accordance with the provisions of the Dublin III Regulations, a determination was made that the person concerned should be transferred to the United Kingdom for the purposes of having their asylum application examined there.
This determination placed a legal obligation on the person concerned to 'present' at the Offices of the Garda National Immigration Bureau (GNIB), on 7 July 2015, to make arrangements for their formal transfer to the United Kingdom. The person concerned failed to present and is classified as evading their transfer. Should they come to the notice of the Gardaí, they would be liable to arrest and detention. They should, therefore, present to the GNIB without any further delay.
Queries in relation to the status of individual immigration cases may be made directly to the Irish Naturalisation and Immigration Service (INIS) by Email using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.
113. Deputy Clare Daly asked the Minister for Justice and Equality the monitoring and supervisory steps taken by An Garda Síochána, or any other State body, in instances where a person is released from prison early on good behaviour. [33570/15]
View answerI can advise the Deputy that persons released early from the custody of the Irish Prison Service, including those subject to review by the Parole Board, are granted reviewable temporary release.
This is where a prisoner is granted a specific period of temporary release from prison. This can be of varying intervals, for example, weekly, monthly or annually. The period of release is reviewed when the prisoner returns to prison as part of their conditions and a decision is made whether to refuse or grant a further period of reviewable temporary release.
All those persons released on reviewable temporary release are subject to conditions, including, in the vast majority of cases, a requirement to report on set dates to a Garda Station. Gardaí are notified of all such releases and the conditions of those releases by the Irish Prison Service. An offender who breaches his or her conditions may be arrested and returned to prison immediately by the Gardaí or may be refused another period of temporary release by the Irish Prison Service.
In addition to the monitoring of compliance with conditions of temporary release by An Garda Síochána there are different obligations in respect of the supervision of offenders depending on the category of case. For cases which are subject to Court ordered supervision in the community, such as part suspended sentence supervision orders or post release supervision orders, the Probation Service engages with those offenders prior to release and supervise them on release, in line with the Court Order.
Prisoners released to participate in the Community Return Scheme are obliged to attend pre-selected Community Service sites, to undertake unpaid community work, under the supervision of a Community Service Supervisor of the Probation Service.
The Probation Service informs the Irish Prison Service of any concerns it may have about clients while on the Community Return Scheme which can lead to re-committal to prison. Behaviour while on release obviously has a strong bearing on any decision to grant further periods of release.
The Deputy will also be aware that electronic monitoring is used by the Irish Prison Service to monitor a small number of prisoners who have been granted temporary release. In considering any prisoner for temporary release, under the specified conditions relating to the management of the electronic monitoring process, public safety remains the primary operational consideration
114. Deputy Clare Daly asked the Minister for Justice and Equality if she will clarify who has responsibility for monitoring of adherence to parole conditions in respect of persons who are released from prison early. [33571/15]
View answerAll prisoners released early on temporary release, including those who have been subject to review by the Parole Board, are granted a specific period of reviewable temporary release from prison. This can be at varying intervals, for example, weekly, monthly or annually. The period of release is reviewed when the prisoner returns to prison as part of their conditions and a decision is made whether to refuse or grant a further period of reviewable temporary release.
All those released on temporary release, including those subject to review by the Parole Board, are subject to conditions including a requirement to report on set dates to a Garda Station. An offender who breaches his or her conditions may be arrested and returned to prison immediately by the Gardaí or may be refused another period of reviewable temporary release. Gardaí are notified of all such releases and the conditions of those releases by the Irish Prison Service.
An Garda Síochána may return a prisoner to prison where it is of the view that the prisoner is in breach of their temporary release conditions. When this happens, the Governor will conduct an oral hearing. If the Governor is satisfied, taking into account evidence presented and comments made, that a breach of temporary release conditions has occurred the prisoner is notified accordingly. The reviewable temporary release is then revoked and the prisoner is taken back into custody.
In addition to the monitoring of compliance with conditions by An Garda Síochána, there are different obligations in respect of the supervision of offenders depending on the category of case. For cases which are subject to Court ordered supervision in the community such as part suspended sentence supervision orders or post release supervision orders, the Probation Service engages with those offenders prior to release and supervise them on release, in line with the Court Order.
Also Life sentenced prisoners who are released on temporary release into the community following a recommendation made to me by the Parole Board, continue to serve their sentences and are subject to a number of stringent conditions including supervision by the Probation Service. The Probation Service provides progress reports on a regular basis to the Irish Prison Service in respect of these cases. These reports outline the resettlement and reintegration progress and report any risk management concerns that the offender may present. Where it is reported to the Irish Prison Service that the prisoner in the community is failing to abide by the conditions of their release, that person may be refused a further period of temporary release and be taken back into custody.
115. Deputy Clare Daly asked the Minister for Justice and Equality the steps taken by An Garda Síochána, the prison authorities, the courts and any other State body, when a person who is released from prison early goes on to re-offend shortly after release; whether such cases are analysed; the parties involved in that analysis; whether the victims are communicated with; and if she will make a statement on the matter. [33572/15]
View answerI am advised by the Irish Prison Service that any offender who breaches his or her conditions, including committing a criminal offence, may be arrested and returned to prison immediately by the Gardaí or may be refused another period of reviewable temporary release. If someone re-offends on temporary release, the matter of their prosecution is a matter for An Garda Síochána and the Director of Public Prosecutions to consider.
If the person is returned to prison to serve the remaining part of their sentence as a result of breaching their temporary release conditions, this information is kept on file and is taken into consideration by the Irish Prison Service for any future temporary release decisions that are taken in respect of that offender. Behaviour on temporary release is one of the criteria to be considered as outlined in the Criminal Justice (Temporary Release of Prisoners) Act 2003. The Irish Prison Service works closely with an Garda Síochána and the Probation Service in respect of the monitoring, supervision and compliance of those on temporary release.
The Irish Prison Service Persons provides a service to victims, details of that service are available on its website (www.irishprisons.ie). Persons who register their details with the Victim Liaison Officer are informed of significant developments in relation to the case. It should be noted that victims must register to 'opt-in' to avail of the service.
116. Deputy Clare Daly asked the Minister for Justice and Equality the criteria applied in considering the previous record of a person who has multiple previous convictions before a decision is made on releasing that person early from prison. [33573/15]
View answerThe 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.
I can advise the Deputy that persons released early from the custody of the Irish Prison Service, including those subject to review by the Parole Board, are granted reviewable temporary release.
A prisoner may apply through the prison Governor for consideration for temporary release. Their family or their legal representative can also apply for consideration of such a concession. It is very important to note that it does not necessarily follow that a prisoner will receive temporary release even if the recommendation made by the prison authorities and/or therapeutic services is to that effect. Each application is considered on its individual merits and a number of factors including the previous convictions are taken into account when making a decision on whether to grant temporary release.
The person’s criminal record is only one of the criteria in the 2003 Act which are taken into account. Other criteria include:
- 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 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.
Temporary release is an important vehicle for re-integrating an offender into the community in a planned way.
Generally, temporary release assists in gradually preparing suitable offenders for their eventual release and in administering short sentences. It also acts as an incentive to prisoners in relation to, for example, good behaviour.
Any potential risk to the community by the release of an offender, particularly if they are serving a long sentence, is lessened by their earlier planned releases which serve to gradually reintegrate them into society.
Each application for temporary release is examined on its own merits and the safety of the public is paramount when decisions are made. All releases are subject to conditions, which in the vast majority of cases includes a requirement to report on a daily basis to the offender's Garda Station. An offender who breaches his or her conditions may be arrested and returned to prison immediately by the Gardaí or may be refused another period of reviewable temporary release.
As the Deputy is aware the Irish Prison Service collates and publishes the prisoner population breakdown, including those on temporary release, on a daily basis and this information is available on the Irish Prison Service website (www.irishprisons.ie).
117. Deputy Clare Daly asked the Minister for Justice and Equality the status of the section 31 investigation into the recording of client-solicitor telephone calls between prisoners and their legal teams; and when details of this investigation will be published and discussed in Dáil Éireann. [33574/15]
View answerI can advise the Deputy that in April 2014 the Inspector of Prisons Judge Michael Reilly, was asked by the then Minister for Justice and Equality to carry out an independent investigation into all the circumstances surrounding the recording of telephone conversations between prisoners and their solicitors. The Inspector was asked to carry out his investigation pursuant to section 31 of the Prisons Act, 2007.
The Inspector's investigation is currently underway and his report will be presented to me on completion.
The Office of the Inspector of Prisons is a statutory, independent office established under the Prisons Act, 2007.
118. Deputy Denis Naughten asked the Minister for Justice and Equality the reason post-release monitoring and reform of the Sex Offenders 2001 Act were excluded from the Criminal Law (Sexual Offences) Bill 2015, including the reduction in the seven-day notification period under Part 2 of the 2001 Act; and if she will make a statement on the matter. [33585/15]
View answerA number of legal issues arose in drafting the provisions and my officials are working with the Office of the Attorney General to resolve these issues. These are important and necessary reforms aimed at reducing the risk of re-offending by sex offenders. Proposals in this area will be brought forward in a separate Bill as soon as possible.
