James Browne (Wexford, Fianna Fail) | Oireachtas source

In bringing forward this Bill Fianna Fáil is attempting to address a significant failing in the criminal justice system. A body that performs functions as important as the Parole Board which advises on whether convicted murderers and rapists should be released back into the community should be clearly defined and mandated in statute law. The basis of its decisions should be clearly examined and understood by the country, victims, offenders, the legal system and the Dáil.

The failure to place the Parole Board on a statutory basis to date has meant that its functions do not have the force of law and only presents advice to the Minister. This puts an unfair burden on the Minister in dealing with the core issues involved. The Minister should be freed to focus on tackling crime and bringing forward legislation without having to deal with an issue that should be dealt with by specialists. Such specialists should be able to apply statute law and ethics in the interests of the community. They should be able to balance the rights of victims and offenders who have shown an ability to reform, have an understanding of their offences, demonstrate regret and perhaps deserve a conditional opportunity to move back into the community. The fact that the Minister deals with these matters can impact on public confidence in the administration of justice and key areas such as the separation of powers. Communities are often left in the dark as to why someone is being given parole, the terms and conditions, who is and is not entitled to it. The Bill seeks to resolve that conflict.

The Parole Bill 2016 would place the Parole Board on a statutory basis. It would provide carefully for the membership of the board and set out the criteria to be used in granting parole that would be clear and transparent. People would be able to see why some offenders were given parole and the terms set. It would put an end to the rumour and innuendo that can arise from time to time. That could only help. There is a lack of trust in institutions in our modern society and we need to work towards rebuilding it. We can do this by having transparency and allowing people to see why decisions are being taken and for whom. That is critical.

Importantly, the Bill also sets out the protections that would be afforded to local communities if a decision was made to permit a prisoner to return early to his or her community. Our primary concern must always be the community. People must be able to see why offenders are being released.

The Fianna Fáil Bill has victims at its centre and would enshrine significant rights and supports in law. The Parole Board would be obliged to take into account all relevant information, including victim impact statements. That is critical. Victim impact assessments and statements have been brought into the court system. This is critical to give a voice to victims of crime. They provide for an element of balance. Previously, victims were often voiceless within the court system. They were almost forgotten about once the matter was put into the hands of the court. Victim statements have become important and this philosophy is being carried into the Parole Bill. The impact of a particular crime on victims will be taken into consideration. People are often convicted under straightforward criminal legislation, but the same crime can have remarkably different impacts on victims, depending on its nature and how it was carried out. We see this reflected in different sentencing parameters. The greatly increased transparency would allow victims and the public to access information more easily on the policies and decisions of the Parole Board. That is important because it would ensure consistency. While different Governments, parties and Ministers have always done their best to provide for consistency, it has been easy for someone to point the finger and ask why a given person was able to get out. The Bill would ensure greater transparency.

This is important legislation which would benefit communities. It is welcome that the Government has decided to support it. It is an example of what can be achieved in the new political dynamic. Now well researched and well thought out legislation can be brought forward. Governments have a heavy burden in bringing forward legislation. Ministers in Fianna Fáil Governments were very hands-on in their Departments and constituencies. The new dynamic allows Members on all sides of the Dáil to bring forward legislation which, perhaps, Ministers might not have the time to produce in the normal course.

Fianna Fáil is introducing the Bill to confer responsibility for granting parole to an independent statutory body. It takes away the de factoparole system that operates at the discretion of the Minister. It operates with a non-statutory Parole Board that advises the Minister on the suitability for temporary release and parole of persons referred to the Minister by the board. Fianna Fáil believes a body that performs the important functions of the Parole Board, in advising on the release of convicted killers and rapists and other serious criminals, should be clearly defined and organised under statute. The board should be independent and transparent. It should give confidence to the community in respect of the basis on which people are granted temporary release. The failure to place the board on a statutory basis has meant that important functions carried out by the board have been denied the force of law. The current set-up merely constitutes a form of advice provided for the Minister. The Bill would put the board on a statutory footing. This has proved particularly problematic since prisoners who believe they have an entitlement to parole can seek to avail of that entitlement. This must also be considered.

Prisoners who feel they have been denied parole wrongly take actions into our courts which place a significant financial burden. The Bill is well thought out and outlines a clear set of criteria to prevent those kinds of actions in the future. It will help to free up judicial time and free up money going into our courts and justice system that is badly needed in other areas, which would be most welcome. Too much money is being spent in our courts system. We need to find better ways of resolving these issues without spending huge amounts of money on court cases.

The Bill is important for the criminal and judicial system. It is important for communities. It is very worthy legislation. I congratulate Deputy O'Callaghan on introducing it. I welcome the Government's support for it. It shows what we can achieve in the new dynamic within this Parliament. I am glad to support it.

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