Alan Shatter (Dublin South, Fine Gael)

I move amendment No. 12:

In page 11, between lines 18 and 19, to insert the following:

"PART 3*

NOTICE OF CERTAIN MATTERS TO BE GIVEN TO VICTIMS OF CERTAIN OFFENCES

7.—(1) An Garda Síochána shall give a victim to whom this section applies notice, as soon as practicable of—

(a) every release on bail (if any) of the person accused of the offence or, as the case requires, the offender, and

(b) any terms or conditions of a release of that kind—

(i) that relate to the safety and security of the victim or of one or more members of his or her immediate family or of both, or

(ii) that require the accused or offender not to associate or not to contact the victim or one or more members of his or her immediate family, or both.

(2) In this section, release on bail includes a release on bail—

(a) until the hearing of proceedings,

(b) during an adjournment of proceedings,

(c) until sentencing, and

(d) until determination of an appeal against conviction or sentence.".

This amendment intends to ensure a victim knows whether an offender has or has not been released on bail and whether they are likely, in the case of the offence being committed in their local community, to meet the alleged offender on the street. Too frequently, victims who believe their offenders are being held in jail pending prosecution or sentencing discover that is not the case. It is important matters of this nature are communicated to victims.

The other amendments deal with similar and important issues. One in particular concerns the manner in which the Parole Board currently operates and the circumstances in which it can grant early release to prisoners. As matters stand, the victim plays no meaningful role in that process, is not necessarily informed of an early release of the offender and is not given the opportunity to make an oral presentation to the board on the reasons a prisoner should not be released.

The parole system, I believe, is fundamentally flawed and requires radical change. We need to move away from a system in which prisoners apply for parole, make a special pleading but the position of the victim is not properly represented. On occasions, persons are released far too early and re-offend. Victims often discover an offender's early release when they meet them on the street.

We also operate a system in which early release is given regardless of the extent to which a prisoner has co-operated in taking essential treatment to address an issue which would ensure the prevention of him or her re-offending in so far as is possible. I am sorry for reverting to the case of Larry Murphy but it is a stark illustration of the problems in this area.

Earlier this afternoon I referred to the pending release of the convicted rapist Larry Murphy on 13 August 2010. My understanding is, that as a consequence of a decision made, this man will be the beneficiary of early release, having been convicted of a brutal sexual crime.

This early release is despite the fact that, as I understand it - although I am open to correction - he has undergone no treatment in prison. He will be released from prison with all the same tendencies and difficulties that gave rise to the commission of the offence of which he has been convicted. This needs to be radically changed. I do not believe any sexual offender should be released from prison early unless he or she has gone through a treatment process provided by the State.

See this speech in context