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

I will go over this matter again. Essentially, a parole board analyses the whole situation. It conducts a risk assessment, on behalf of society, on the possibility for rehabilitation. It seems to me that one cannot assess the current risk unless one understands the nature of the offence that was committed in the first place and the risks factors that led to same. The nature and gravity of the offence must, absolutely in my view, be factored into the current risk assessment.

It was mentioned that one should not go back in time because the person has served his or her sentence. Of course one must consider the circumstances, the nature and type of the offence. That is the reason the person is in prison in the first place - the nature and the offence. We are talking about very serious offences. Understanding the particular circumstances that led to the offences in the first place in my view, and from my experience, is critical in terms of deciding what the next step would be. It is critical for the parole board when it makes an assessment. It considers the journey that the person has undertaken and it is a journey away from the offence that he or she committed in the first place. The nature and type of offence must be centrally involved in the decision-making. It is one of the factors.

Many of these crimes, where crimes have been committed by people who go before the parole board - any murder, any description of any murder, any rape and any of these serious reasons why people are in prison - are going to be horrendous situations. That is the reason the person is in prison in the first place. It is why the person started out being in prison. Understanding the nature and type of the offence, the circumstances, and Deputy O'Callaghan gave examples of the type circumstances one could have in terms of being associated with alcohol and drugs, then understanding the journey the person has been on in prison in regard to drugs and alcohol would be a critical part of the decision-making.

My view is that this provision should absolutely be left in the legislation. The provision is central to the current risk assessment that one makes about the future of the person. It is one of many factors. The other factors have been well spelled out in the Bill. They include rehabilitation. They include the other areas that I have already read out such as the details about the trial and what happened at the trial. The provision is central. To take it out would miss an essential part of a risk assessment. In terms of having a safe society, it would be a great disservice to remove the nature and gravity of the offence that was committed in the first place.

As far as mandatory sentencing is concerned, Deputy Wallace, it is a totally different issue. I happen to agree and I think most of the bodies that have examined the matter, such as the Law Reform Commission and penal reform groups, have moved away from that stance. One often gets calls in society for mandatory sentencing. I support the view of the Law Reform Commission and penal reform groups in terms of this matter. It is not a matter for the parole board. That is a different issue and it dealt with in other legislation.