Dáil Éireann Debate, Wednesday - 20 June 2012
133 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if his attention has been drawn to instances of disregard for criteria appertaining to early release, supervised release or transfer to open prison and on what grounds; and if he will make a statement on the matter. [30026/12]
Amharc ar fhreagra135 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the way it might be possible for a person serving a long sentence in respect of a grievous matter involving loss of life could be transferred to an open prison within a relatively short time; if such matters are provided for in the existing criteria appertaining to prisoners serving sentence; and if he will make a statement on the matter. [30028/12]
Amharc ar fhreagraI propose to take Questions Nos. 133 and 135 together.
My replies to previous Parliamentary Questions explained the criteria which applies including the circumstances when temporary release may be provided and what matters must be taken into account. Candidates for temporary release are identified by a number of different means but primarily on the recommendation of the Prison Governor or the therapeutic services in the prisons. The prisoner, their family, or their legal representative can also apply for consideration of such a concession. Recommendations are also made to me in relation to long term sentence prisoners by the Parole Board though it does not necessarily follow that a prisoner will receive temporary release even if the recommendation is to that effect.
As I stated, when publishing the Report on the escape of a prisoner from Loughan House, the decision to send this prisoner to Loughan House was wrong. At the time, I instructed the Director General of the Irish Prison Service to take all necessary steps to ensure that a mistake of this nature does not reoccur. I have been informed by the Director General that measures have been taken to provide additional oversight in the decision making processes in order to ensure that such a decision cannot be made in the future. Where consideration is being given to the transfer of a prisoner serving a sentence for a homicide related offence to an open centre, that decision must now be made by the Director General of the Irish Prison Service.
All decision making staff and prison governors have been reminded of the need to take appropriate account of all the criteria to be applied to such decision making in a balanced and considered manner.
