Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

Amendment No. 62 suggests that one of the factors that should be taken into account by the parole board when assessing an application is the plea that was made at the time of the trial, whether the convicted person had pleaded guilty or not guilty. The reason I tabled the amendment is that if one is charged with murder, there is no incentive to pleading guilty, because whether one pleads guilty or not guilty, one will be sentenced to life imprisonment. I thought there might be some benefit in providing an incentive for a person accused of murder that if he or she pleads guilty, it could be taken into account at the parole process.

Having spoken to officials from the Department of Justice and Equality, I recognise there are issues in respect of it. For instance, why should whether a person pleaded guilty or not guilty at the time of the prosecution be taken into account when assessing whether he or she should be rehabilitated and allowed out into the community? The real issue I am trying to deal is to provide an incentive to plead guilty to a murder charge when there is none at present. Perhaps the parole process is not the way to do that. On that basis, further consideration needs to be given to it. I will withdraw amendment No. 62.

In amendment No. 32, Deputy Daly proposes additional factors that need to be taken into account, including the effect the granting of parole may have on the prisoner's family. My concern is this will lead to a corresponding requirement by the family of a murder victim to have its submission taken into account and what impact the release will have on it. Under the Bill a victim can make representations to the parole board. I am concerned Deputy Daly's amendment will extend it further to take into account factors that are not relevant to the central issue, which is the rehabilitation or not of the parole candidate.