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Dáil Éireann díospóireacht -
Wednesday, 6 Nov 1991

Vol. 412 No. 2

Adjournment Debate. - FÁS Training Course for Prisoner.

This case concerns a young man of 24 who, in 1989, was given a three-year prison sentence for firearms offences. He is due for release on 23 April next. On two recent occasions he has applied for a temporary release to attend an interview at the FÁS Training Centre in Loughlinstown, County Dublin. On both occasions he has been refused, the most recent having been on 30 October 1991.

I and other public representatives in the constituency have been making representations both to the prison authorities and to the Minister for Justice concerning his case. Today I received a reply from the Minister of State at the Department which states:

He would require temporary release to attend FÁS interview and, if successful, to participate in the relevant course. While the Minister has taken into consideration your representations and the view of the presiding judge in his trial, he is not prepared to authorise any form of tempory release for this offender at this stage of his sentence.

The first thing that has to be said in this case is that this man has been a very good prisoner. While on bail he was required to report regularly to a Garda station, which he did, and held a responsible job during his period on bail. He was a good prisoner in Portlaoise. Subsequently he was transferred to Wheatfield Prison where he had a good record and he is now in the training centre. The judge who presided over his case and sentenced him, wrote on 3 October last, that he had written to the Governor of Wheatfield Prison asking him to consider the granting of temporary release.

What this man is seeking is very simple. He has lost almost three years of his freedom. He has written to me expressing his contrition for the offence and wants to rebuild his life. He wants to make a fresh start by participating in a FÁS training course. FÁS are prepared to interview him. They invited him to attend for interview on 30 October which interview, I understand, was to be of a general nature. Therefore, the question of consequential release to participate in the FÁS course probably would not arise immediately since it would appear from the reply of the Minister of State that there is some concern that, if he was granted release to attend for interview there would then be an immediate request for release to participate in the course. Therefore it might well be some time before he could be placed on a course, when the question of release would arise.

The principal issue involved here is that of rehabilitation. Time and time again we hear of cases of people who have served prison sentences ending up going back into prison. This is a case of a prisoner who has learned his lesson, who wants to make a fresh start in life, who wants to participate in a FÁS training course in order to assist him in so doing. As part of the rehabilitation process I should have thought that that request would have been facilitated and welcomed.

I note in the reply of the Minister of State there is a reference to the case being kept under review. That has been the case for quite some time. Perhaps the Minister would now give some firm assurance that, when this man applies to participate in a FÁS training course again, or is again invited to attend for interview, his case will be looked at sympathetically and he will be granted the temporary release he has requested.

The person referred to by Deputy Gilmore was committed to prison on 23 January, 1990 to serve a sentence of three years imprisonment imposed on him at the Special Criminal Court following his conviction on firearms charges. He is due for release, with remission, on 23 April 1992, as Deputy Gilmore said. He has applied for permission to attend for interview for a FÁS training course with a view to following a course in business-related studies. He will require temporary release initially to attend for interview and, if successful, to participate in the course.

Each application for temporary release is considered on its merits. Regard is had to the circumstances giving rise to the application. Factors such as the nature of the offence, length of sentence served, behaviour while in custody, previous record and possible risk which release might pose to the community. Having regard to all of the circumstances of this case I am not prepared to grant temporary release to this person at this stage of his sentence. An application for temporary release at a later stage of his sentence would be considered on its merits. I invite him to make that application some time after Christmas.

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