Oireachtas Joint and Select Committees

Tuesday, 3 October 2023

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Irish Prison Service Bill and of the Criminal Justice (Legal Aid) Bill: Discussion

Dr. Helen Kehoe:

On head 15 and temporary release, we are glad to see that provision in the general scheme but as the committee will have noticed in our submissions, we have concerns around its wording because, as matters stand in legislation, it is a little confusing. We know from people who ring us on the ground that it is a very confusing process as regards to whether it is the Minister or the Irish Prison Service, which has ultimate responsibility for how temporary release functions. People tend to be bounced between pillar and post. We are concerned that as head 15 stands, it will not in fact clarify anything but might even possibly confuse things further because one has a situation where the Minister may, in writing, delegate that responsibility but may also decide to rescind such a delegation. We urge the committee to perhaps consider this as something that could be clarified at this point of time with this scheme as to who exactly has ultimate responsibility for the functioning of the temporary release, and how that might be improved upon in future, rather than leaving this issue in this kind of grey area for people on the ground.

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