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

Having listened to the debate I believe the amendment is even more important as a guiding principle. The judge factors in the nature and gravity of an offence when sentencing. Nobody is saying that the parole board will not know what the person has been imprisoned for. Of course the board will know the type of crime. It must recognise the impact the original crime has had on the victim but it must also recognise the impact on the victim of its decision to release the person up for parole. That provision is still in place. It is important that the submissions made by the victim are taken into account. We are trying to avoid a situation where a person has ticked all of the boxes. Presumably, if the nature and gravity of the crime is particularly appalling then the person will have been imprisoned for quite a while. The person will have completed their treatment and therapy, admitted they are wrong, acknowledged their crime, tried to make amends and all of the rest and yet the decision could be held back by having to specifically take into account the nature and gravity of the crime.

The parole board will take account of the nature and gravity as it is in the background. To spell it out does not bring balance and I believe it is better to remove the clause. A parole board is supposed to assess whether a person is ready to be reintegrated in society. To reach that stage the person will have had to cross many barriers. In addition, many of the issues will have been dealt with at the sentencing stage.

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