Clare Daly (Dublin Fingal, Independent) | Oireachtas source

I move amendment No. 84:

In page 21, to delete lines 30 and 31 and substitute the following:

“(3) When subsection (3) does not apply, the Board may only exercise its powers under subsection (1) following a review or hearing.”.

This amendment is concerned with the circumstances where if the chairperson of the board considers that circumstances require urgent action, a warrant can be issued for the arrest of someone on parole and have them returned to prison. Subsection (1) also allows for this to happen in circumstances where the chairperson does not believe that the circumstances are urgent and that the action needs to be urgent. If someone is arrested under subsection (1), the Bill currently provides that the board can exercise the powers without holding a review or hearing. My amendment tries to change that such that if the situation is not urgent and the board is considering having someone arrested and returned to prison, it needs to first conduct a review or hearing. In section 26, there is a provision for the board to hold a review or hearing 21 days after the parolee has been locked up again. My preference would be that in circumstances where that is not urgent, the review would take place before the reincarceration.