Oireachtas Joint and Select Committees

Wednesday, 24 May 2017

Select Committee on Justice and Equality

Parole Bill 2016: Committee Stage

9:00 am

Photo of Clare DalyClare Daly (Dublin Fingal, Independent) | Oireachtas source

I move amendment No. 53:

In page 16, to delete line 12.

The line we propose to delete provides that the nature and gravity of the offence for which a prisoner has been sentenced shall be one of the principles by which the parole board shall be guided in the discharge of its functions. I understand absolutely that the safety of the community and the victim are of critical importance in making decisions on a person's release, but the emphasis in the paragraph is too much on the actual offence when it should be on rehabilitation, which is the whole purpose. Of course, we have to have an assessment of the risk to victims and the community if a prisoner is released, but the section already provides that the position of the victim and any victim impact statement or submission made on behalf of the victim must be one of the board's guiding principles. It would be despicable if someone said a prisoner who had committed an horrific crime was a great fellow in prison and should be released early, while the victim was left to think he or she had no come back. At the same time, the whole point of prison and parole is supposed to be rehabilitation and allowing someone back into society without the risk of reoffending. The IPRT put it well. It stated decision-making should concentrate exclusively on the risk of a prisoner committing a serious offence if released and not engage in re-sentencing by considering the seriousness of the offence and the aggravating circumstances. I am seeking to delete the line to avoid re-sentencing, while being very cognisant of the impact on victims and the community. The victim impact statement is taken into account. It strikes a better balance. It would be putting amendment No. 53 with amendment No. 59.

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