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

Amendments Nos. 5 and 6 address the need to ensure the parole board can make recommendations relating to sentence management. Amendments Nos. 72 and 83 are linked to amendment No. 5 and amendments Nos. 3, 45, 50 and 58 are consequential amendments to amendment No. 72. I support the principle of the amendments, which reflect current practice whereby the parole board can and does make various recommendations.

These include advising a prisoner on the type of programmes with which he or she should engage, recommending transfer to a lower security prison or recommending a programme of temporary release, leading to longer periods.

With respect to the element of the amendments regarding transfers to open prisons, this is, as I have said, a recommendation that the current parole board can make. Such a recommendation could be implied in the general understanding of "sentence management". However, I am not going to object to specifying the transfer to open prisons.

My preference is for amendment No. 6. My concern with Deputy Daly's amendment No. 72 is the proposal permitting the parole board to issue orders relating to sentence management, including orders for transfer to open prison. By providing for the parole board to make orders rather than recommendations, the amendments would effectively involve the board in the management and operation of prisons, which is outside of the remit of the board.

I acknowledge that Deputy Daly has also put forward amendment No. 83, which would allow a Governor to revoke it. Nevertheless, getting into the management of prisons is a somewhat inappropriate role, and I hope the Deputy understands that.

Amendment No. 6 goes a long way to what the Deputy Daly is seeking. It allows recommendations with respect to sentence management, including recommendations relating to transfers to open prisons. I would suggest agreeing amendment No. 6 over amendments Nos. 3, 5, 72, 45, 50, 58, 71, 72 and 83.

With respect to amendment No. 71 in the name of Deputy O’Callaghan, this amendment allows for the parole order to be sent to a prison governor, which is right. I would also like a further provision requiring the parole board to also notify the Minister that the parole orders have been made. It is necessary that the Minister for Justice and Equality would be aware of any decisions to release prisoners. A simple notification of the nature of the parole order which is issued to the relevant prison governor would I believe suffice, and I will suggest an amendment to that at a later Stage.

I would also like to address subsection (5) of the amendment, which provides for the board to specify conditions. Subsection (2) of the section being amended already sets out the conditions of a parole order. However, subsection (5) appears to allow the board to specify conditions, which I presume will be some or all of the conditions under subsection (2), or will it be conditions in addition to subsection (2) which will apply to all persons released on parole?

In any event, I believe there is merit in considering introducing an automatic condition of release, which would apply to all parole orders, such as that the offender must comply with all lawful instructions of his or her probation officer. While section 22 of the Bill sets out the conditions which may be imposed in respect of individual offenders, I believe we should consider whether it should be a standard and automatic condition of every parole order to abide by the instructions of a probation officer.

Persons on parole are under the supervision of probation officers. It is the case that this supervision may vary from offender to offender or as time passes. Probation officers are responsible for facilitating and assisting an offender in reintegrating into society and, as such, are likely to be best placed to identify the immediate needs of and risks faced by an offender, including as these needs or risks change. When cases come to me I often see the progress people are making and the varying recommendations of probation officers. In my view, an automatic condition to abide by the lawful instructions of a probation officer will avoid any unforeseen gaps should needs or risks emerge, and it will aid the rehabilitation of the offender.

I would be interested in the views of the members with respect to this proposal. It is a matter we can return to at a later Stage of the Bill.