Finian McGrath (Dublin North Central, Independent)
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Question 400: To ask the Minister for Justice and Equality the number of persons who have been convicted of murder and who are out on parole up to 31 August 2011; the average length of time a life prisoner is currently serving before being released on parole; his views on whether this period is adequate; the channels that exist for the views of victims to be heard by the parole board prior to recommending their release; if he will appoint a representative organisation of victims to the parole board; and if he will make a statement on the matter. [26108/11]

Alan Shatter (Dublin South, Fine Gael)
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I can advise the Deputy there were 274 persons in custody serving life sentences for murder on 31 August, 2011. In addition, there were 61 persons serving life sentences for murder under the supervision of the Probation Service on extended temporary release subject to strict conditions as are specified. Some of these persons were first released into the community over 30 years ago.

Of the 61 persons referred to, 15 of these were granted temporary release during the time period 2005 to 31 August 2011. The average time spent in custody by these persons over this 6 year period is slightly in excess of 17 years. This compares to an average of just over 7.5 years for releases dating from 1975 to 1984, just under 12 years for the period dating from 1985 to 1994, and just under 14 years for the period dating from 1995 to 2004. The Deputy will understand that a life sentence is mandatory in the case of a conviction for murder and such persons remain subject to that sentence for their life even where granted temporary release.Specific legislation enacted by the Oireachtas; the Criminal Justice Act, 1960 and the Criminal Justice (Temporary Release of Prisoners) Act, 2003, provides a mechanism whereby the Minister for Justice and Equality may release prisoners on temporary release for such period of time and subject to strict conditions as may be specified.Temporary release may be granted on a range of grounds including humanitarian or where the Minister is of the view that the person has worked with all available services to aid his/her rehabilitation and reintegration back to the community. However, before any such decision is reached matters such as the gravity of the offence, the period of imprisonment served, the overall conduct of the prisoner during imprisonment and the potential threat to the safety and security of the public are considered. Prisoners who are deemed to continue to pose a threat to the community if released continue to remain in prison and indeed there are some prisoners who have remained in custody for over 30 years.

All prisoners serving a life sentence are eligible to have their case reviewed by the interim Parole Board when they have served seven years into the life sentence. The Board's principal function is to advise me on the administration of long term prison sentences. The Board, by way of recommendation to me, advises of the prisoner's progress to date, the degree to which the prisoner has engaged with the various therapeutic services and how best to proceed with the future administration of the sentence. I consider in full all recommendations when making the final decision on sentence management.

The Irish Prison Service provides a Victim Liaison Service to keep victims of crime informed of significant developments in the sentence management of certain offenders. Any victims or their relatives, once they have opted to avail of this scheme, will be informed as a matter of course in advance of the Board's review of the prisoner. The victims are given the opportunity to make a submission to the Board, either via the Prison Service Victim Liaison Officer, or directly to the Board. The Board, as it has acknowledged on a number of occasions, will take into consideration the views of victims and the impact on their lives prior to making any recommendations to myself. Several victims and families have made submissions to the Parole Board in recent years and the Victim Liaison Officer also advises the family of any decisions arising out of each review.

I have already announced my intention to place the interim Board on a statutory footing. While it may not be possible to introduce the relevant legislation this year, it is my hope to do so next year and, in that context, I will bear the Deputy's suggestion of victim representation in mind.