asked the Minister for Justice if any prisoner sentenced since 1 September 1978 under the Offences Against the State Act has been given parole; if so, the reason for such parole; the date on which it was granted; and the date on which such prisoners returned to custody.
Ceisteanna—Questions. Oral Answers. - Prisoners' Parole.
16.
One person who was sentenced since 1 September 1978 by the Special Criminal Court for an offence scheduled under section 36 of the Offences Against the State Act, 1939, was given temporary release from Portlaoise Prison on 7 March 1979 to enable him to visit his brother who was seriously ill. He failed to return to the prison.
I might add that since Portlaoise Prison was set aside in 1973 for the type of prisoner now accommodated there more than 60 prisoners have been given temporary leave on compassionate grounds and this was the first one who failed to return on the due date.
I support the attitude of the Minister in dealing with the question of parole but I would ask that in future when someone applies for temporary leave as shortly after being sentenced as was the case in this instance and, having being granted parole, abuses the privilege, that the case be publicised in order to expose the person concerned.
This is a statement.
I am asking the Minister a question.
The Deputy is aware that there is a long-standing practice of allowing compassionate parole to suitable prisoners to visit members of their immediate families who may be in danger of dying or to attend funerals of immediate relatives. Immediate relatives include parents, brothers, sisters, husbands and wives. The list may extend beyond these relatives in the case of a grandparent or an aunt or uncle who reared the prisoner after his parents had died. In general the granting of compassionate parole is influenced by an assessment of whether the prisoner can be relied on to honour the conditions of the parole and to return on time. The experience in the matter of compassionate leave for the type of prisoner concerned has been excellent. Of more than 60 prisoners released on this basis from Portlaoise prison since 1974, every single one has honoured the terms of the parole until this one. The tradition in this regard goes back long before 1973. Regrettably the practice of granting compassionate leave to this type of prisoner will have to be examined more critically in the future.
If my information is right this prisoner was sentenced because of an armed robbery. Is the Minister satisfied that all the money stolen has been recovered?
That is a separate question. I have no information about that in my brief.
Perhaps I should know this, but who authorises the parole? Is it the prison governor, an official of the Department, or does it go as high as the Minister?
There are guidelines set down for cases such as this. The Minister has the final responsibility. It is not the prison governor. Someone acting in the Department on my behalf and with my authority will take the decision on cases such as this.
Would every parole application reach the Minister's desk?
They would, yes. I should say that normally they do. I cannot say every one of them would.
Any one about which there might be a substantial doubt would reach the Minister's desk but a routine one would not go that high up?
If there is a substantial doubt and if the person acting on my behalf is not sure that it comes strictly within the defined guidelines, he consults me on it.
Did this case come to the Minister personally?
The Deputy appreciates that I have responsibility for all of them whether or not I see them.
The Minister is telling me he did not receive this one?
I am not telling the Deputy anything.
He is telling me he did receive this one?
I am not telling the Deputy anything.