Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I would like to raise a matter about this section. Under existing arrangements, parole is effectively the exercise by the Minister of the power of temporary release under the Criminal Justice Act 1960, reflecting the fact that the existing parole board operates in an advisory capacity only. Given that the parole board will now be established on a statutory basis, with a clear decision-making function with regard to the release of certain prisoners, it may be necessary to explicitly set out what parole is as distinct from ministerial powers of temporary release, which will continue to operate under the Criminal Justice Act 1960.

Under the provisions of this Bill, parole is conditional release. Unlike temporary release which may be renewed but also may not, parole can only be revoked where there is a risk to the public or there has been a breach of a condition attached to the parole. That risk or breach is subsequently determined through a hearing under section 25 of the Bill. It would be helpful, and it will distinguish parole from temporary release, if we set out - possibly in section 5 of the Bill - that parole is a form of conditional release. It is already clear from section 5(3) that the provisions of the Bill are not intended to interfere with the right of temporary release, so I may therefore bring forward amendments to clarify the type of release that is being provided for under the Bill. It would be helpful if we did this and I want to alert the committee that I intend to do that under section 5.