Éamon Ó Cuív (Galway West, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

161. To ask the Minister for Justice and Equality the circumstances in which he has the power to release a person from prison on humanitarian grounds; and if he will make a statement on the matter. [4738/14]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Criminal Justice Act, 1960 as amended by the Criminal Justice (Temporary Release of Prisoners) Act, 2003, sets out the framework for the temporary release of prisoners. In general, prisoners may be granted temporary release to assess a person's ability to reintegrate into society, to prepare him or her for release, to assist the Gardaí, on grounds of health, on other humanitarian grounds, and to ensure the good government and management of prisons.

A prisoner may apply through the Prison Governor for consideration for temporary release. Their family or legal representative can also apply for consideration of such a concession. It does not necessarily follow however that a prisoner will receive temporary release even if the recommendation made by the prison authorities and/or therapeutic services is to that effect. Each application is considered on its individual merits and evaluated using the criteria outlined in the Criminal Justice (Temporary Release of Prisoners) Act, 2003.

All prisoners on temporary release are subject to conditions and are returned to prison if their behaviour gives rise to concern. Public safety is the paramount consideration in any decision on granting temporary release.