I thank the Chair for allowing me to raise the matter on the Adjournment and I thank the Minister for coming to the Seanad to deal with the subject.
I raise this matter for a couple of reasons and I propose to develop a few points. I hope the Minister will be able to give a positive response in relation to some matters which I raise.
First, we have probably all seen recent comments by a District Justice in one of the courts in Dublin — District Justice Kirby — where he was concerned that a person recently let out on temporary release committed a crime and was being further sentenced. It brings to the fore the whole question of temporary release from prisons and even the whole question of how we regard the prison service, how we use it and how, hopefully, we can improve it. I may make a few other comments in passing in relation to other matters which have emerged in recent days in relation to the whole prison system.
What I would ask the Minister to consider is that we are aware that temporary release is available under section 2 of the Criminal Justice Act, 1960. Obviously, certain criteria and guidelines have to be adhered to, including consideration of the nature of the offence for which a person has been committed to prison. His previous record, the length of sentence served, the sentence involved and various other factors, including obviously reports coming from both the probation and welfare service, good behaviour and family circumstances, as well as local Garda reports, must be considered. I would ask the Minister to give an undertaking to the House to have the present situation regarding temporary release examined in order to ensure that proper procedures are being adhered to in relation to all the prisons.
Certain basic considerations are important. It is important that people who commit very serious offences are not as a rule given temporary release unless there are special circumstances. It is important that people who have committed serious offences should serve the majority of their sentences. I am sure the Minister would concur with that viewpoint. Obviously people convicted of very serious crimes must come into prison. Vacancies must be made available. This should be done regularly and not just on an ad hoc basis. Full consideration must be given to the Governor, his officials, the warders, as well as to members of the Minister's Department, the probation and welfare officers and to the local Garda, who probably know the accused person best particularly if he is a habitual criminal.
It is important that certain criteria should be laid down and that all aspects of the person's previous history be looked at. If a person is released various conditions must be imposed and matters must be gone into to ensure that people are not just being released without any in-depth discussion or full investigation. Where a person is released stringent conditions should be imposed such as bail applications or the onus of reporting to the Garda station. It is important that all these matters should be considered. Members of the Garda from the station involved should be notified. If they want to add further conditions or restrictions those conditions should be considered.
I am sure the Minister does not want the situation to develop where crimes will be committed while people are on bail or on temporary release. I would ask the Minister, in view of the welcome recommendations he announced in the last few days, particularly in relation to the facilities in prison, to have a look at the whole range of matters pertaining to custodial sentences to see can they be improved in one way or another. I would ask him to look at how the question has been dealt with in the past.
I would be interested, too, if he could give an indication, either here or at some future date, as to whether crimes are being committed by people while they are on temporary release. I would be interested to hear what steps have been taken in relation to this. This should be dealt with in a similar way to a person who commits a crime while on bail, or to a person who fails to complete a community service order. The person could be brought back to the court he previously attended and the full sentence, or even a further sentence, could be imposed.
It is also clear that there are people who are presently in our jails who might deserve a more appropriate or a more just penalty. This could be either some sort of community service work or a fine. Obviously, there are cases where people do not have money and such cases have to be looked at separately. Some areas, as I am sure the Minister will agree, need to be reviewed. We want to get to the real, hardened criminals, the criminals who are convicted of very serious crimes such as crimes involving arms and crimes against people. There should be no question of these people getting out early. I would ask the Minister to initiate an investigation in his Department in order to see that he is satisfied with present procedures. Does he think procedures may be in need of change? Perhaps there should be a set of guidelines.
I noticed in one of the prison reports that an official of the Department is present in prisons for part of the time. When decisions are being made in relation to temporary releases, obviously the Minister can only make the decision based on the information he gets. He should be given as full a report as possible. It should not be just a case of serious cases coming to a prison and the first few names at the top of the list being picked. I doubt if that is the case, but I would ask the Minister to make every effort to ensure that the proper procedures and guidelines are followed and that full reports from either welfare or probation officers are received. The views of the Garda in the area from which the person was originally sent, or the court in which he was convicted, should be sought. They should be asked whether they consider him suitable to be released. If special strict conditions are imposed, they should also be looked at.
Various reports have been made regarding other allegations as well as allegations of mistreatment. I am sure the Minister would be concerned if these allegations were to be substantiated. It behoves the Minister, as the man in charge, to ensure the public that if mistreatment has taken place it will be fully investigated. I am sure he would have it no other way.
The Minister's recent announcement of certain improvements are welcomed. There is much to be done as, no doubt, he is aware. I would ask him to respond positively to what I have said in relation to the whole question of temporary releases. A certain justice suddenly found, as happened recently, that a person was sentenced on a Friday and was out committing crime again on the following Monday and was back before a justice later in the week. Obviously, the Minister would not be satisfied with such a situation. No system is foolproof. Even with the best methods of investigation and consideration things can at times go wrong. I would ask the Minister to take a personal interest, to look at the factors involved and to ensure that his Department examine the situation from various angles. It is important that the Judiciary should be undermined. The role of the Garda, who bring criminals to justice and do the painstaking work, such as collecting evidence, must not be undermined. All these matters should be considered having regard to the whole question of temporary release.
I look forward to the Minister responding positively to what I have said. I note what he said recently in reports in relation to the prison system and I hope any allegations in relation to mistreatment will be immediately looked at. I ask the Minister to respond positively and to ensure that the situation is in hand in his Department. There should be special officers to examine the question of temporary release. Particular cases with particular problems should be looked at and lessons learned from any mistakes.
