Dáil Éireann díospóireacht -
Tuesday, 12 Dec 2000

Vol. 528 No. 1

Written Answers. - Temporary Release of Prisoners.

Paul Connaughton

Ceist:

370 Mr. Connaughton asked the Minister for Justice, Equality and Law Reform the steps he will take to protect the public against criminals on unsupervised day releases; his views on the events leading up to the murder of a person (details supplied) in County Galway; the precautions taken when a prisoner is granted a day release without supervision; the steps he took to ascertain the way in which this person would spend his day out of jail; the procedures taken in this case to grant day release; the Departments and organisations which were involved; if he will make available this documentation to a family (details supplied); if such procedures will be reviewed; his views on whether the deceased was more vulnerable due to lack of State security; the number of prisoners convicted of murder who are granted day release from prisons; his views on whether there should be a public inquiry into this matter; and if he will make a statement on the matter. [29606/00]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

The life sentenced prisoner to whom the Deputy refers, Mr. Thomas Murray, was convicted in the Central Criminal Court last week, on 5 December 2000, of the murder of Mrs. Nancy Nolan, a retired school teacher, on or about 14 February 2000. I share the horror of all right thinking people at this murder and I join all those who have extended their sympathy to the family of the victim in their tragic loss. I readily acknowledge the public's concern that the offender was on temporary release from prison at the time he committed the murder.

There are long-established procedures in place in relation to the administration and eventual release of life and long-term sentenced prisoners. The current procedures have been followed by successive Administrations since 1989.

In most cases, including this one, a person serving a life or long-term sentence may have the sentence reviewed by the sentence review group, SRG. The SRG, which functions on the same general lines as parole boards in other jurisdictions, is a non-statutory body established in 1989 to advise Ministers in relation to the administration of long-term prison sentences. It includes persons with long experience of working with ex-prisoners and their families. The SRG reviews the cases of individual offenders who have served seven years or more of a current sentence including life sentences but excluding offenders serving sentences for capital murder. Following review, the SRG makes recommendations to the Minister for Justice, Equality and Law Reform advising of an offender's progress to date, the degree to which that offender has engaged with the various therapeutic services available, and how best to proceed with the future administration of that offender's sentence.

The criteria applied in reviewing the cases of life sentence prisoners includes the following assessment of potential risk to the public; the seriousness of the offence committed; behaviour while in prison; the views of the Garda Síochána; compassionate grounds; and recommendations by the sentence review group. The process leading up to recommendations made to the Minister involves consultation with various individuals and agencies who are best placed to make an assessment as to the individual's readiness or otherwise for temporary release but the overriding concern, when decisions are being made in individual cases, is the safety of the public.

Over the years, a number of serious offenders have benefited from temporary release concessions under these arrangements. Eighty offenders who were committed on life sentences are currently on release in the community. The majority of these offenders served between nine and 16 years in custody. In practice, all such offenders were granted renewable temporary release whereby, unless the conditions of release are breached, there has been no requirement to return to prison except to renew the temporary release at specified intervals. Offenders on renewable temporary release must be of good behaviour. Other general conditions include supervision by the Probation and Welfare Service and reporting at regular intervals to a Garda station. Other specific conditions may be applied to fit individual circumstances. Temporary release automatically ends if any conditions are breached. In such an event the individual concerned can automatically be returned to custody without warrant or without any further court proceedings. There are currently six life sentenced prisoners in custody who have been recommitted following their failure to abide by the conditions of their release. These offenders were initially released between October 1996 and January 2000.

In other words, it is unfortunately the case that, despite the most careful assessment being made in advance, certain individuals will tend to breach the trust that has been placed in them and will reoffend, sometimes, as in this case, with serious and tragic consequences. Other jurisdictions, sadly, have similar experiences.

I should, of course, make the point that I have put a stop to the revolving door syndrome whereby offenders were released because of a shortage of prison accommodation. Prisoners are not now released for this reason and most of those who are released are released under some form of supervision or reporting arrangements.

Deputies will be aware that, some time ago, I announced my intention to establish a statutory parole board – it is part of our current Government programme. I have also announced my intention to establish this board, in the first instance, on an administrative basis and I shall make an announcement on this in the very near future. It would be less than frank, however, not to acknowledge that, even where full statutory parole systems operate, cases, sadly, arise from time to time where offenders granted parole proceed to breach the trust placed in them.

Because of the very serious consequences which arose from the granting of temporary release in this case and the very understandable level of public concern it has generated, it requires and deserves a specific response and I have, therefore, decided to have all aspects of the handling of the case reviewed as a matter of urgency. The review will be undertaken by Mr. John Olden, the retired former Secretary General at the then Department of Arts, Culture and the Gaeltacht who has practical prior experience of Irish prisons administration and is currently the Irish member of the Council of Europe Committee for the Prevention of Torture and Inhumane Treatment in Custody. I propose to make the results of Mr. Olden's investigations available to the House and the family. I will, of course, consider carefully any recommendations emerging from this review.