Mary Butler (Waterford, Fianna Fail) | Oireachtas source

The effect of the Bill will be to allow an Irish resident who is sentenced to a period of probation for an offence committed while temporarily in another member state to return home and be supervised by the Irish Probation Service. It will allow a resident of another member state who commits an offence in Ireland for which he or she receives a sentence of probation to return to his or her country of residence under the supervision of the probation services in that state. The current situation where an offender is sentenced to a period of probation in another jurisdiction in any other member state outside of Ireland means that the offender is away from family and friends and has no pathway which allows him or her to be transferred home.

When I looked at this Bill and decided what I would say, my first thought was for the parents. In some instances, it makes life very difficult for very elderly parents whose children have done wrong, have been sentenced, are serving their sentence and have the opportunity to avail of probation but are unable to return to their own country. It is very difficult, particularly if the parents are elderly. The last thing we want elderly parents to worry about if they are not well is how their son or daughter is surviving in another country and what will happen when he or she gets the opportunity to come home. It would make life much easier on a number of levels if the offender was able to come back to his or her own area to remain under supervision by probation officers in his her country for the duration or remainder of the sentence. There is no doubt that the person must serve his or her sentence and that if he or she is lucky enough to receive probation, he or she must adhere to the terms and conditions.

When one stops and thinks about it, it could be anyone's brother, sister, niece or nephew. It is a very difficult situation, particularly for parents who have brought up their child with the best intentions and want him or her to do well in the world. The child may not have had the opportunity to do well and may go down the wrong path. It must be an awful worry for a parent every night thinking whether he or she will ever get an opportunity to bring his or her son or daughter back home.

It would serve as a better means for rehabilitation and integrating the person back in the community, which is best achieved with the support of a family network and support services here. This Bill would also allow the State to provide the necessary support in a practical and legislative way to Irish citizens who find themselves sentenced to a period of probation in another member state while also allowing the State to impose sanctions, if necessary, on the offender. However, it would be done in the offender's home state. At the moment, the arrangement in place could have a detrimental effect on the mental health and emotional well-being of the person who offends and their families, who must feel powerless and frustrated at not having their loved one closer. The effects of this Bill will be positive for the offender, his or her family and friends, the wider community and, of course, the participating member state. I am happy to support it. It allows for a better outcome that will have a more lasting and positive effect on all members of our society.

It is disappointing that it has taken almost a decade to complete the process. The failure to implement the framework decision has also drawn criticism from the Judiciary, as my colleague has said. In the Minister for Justice and Equality v.Teelin, the High Court considered an extradition request in which the respondent argued that the failure by the State to implement the framework decision provided grounds for refusing to order his surrender to the UK. The respondent was convicted of stabbing an individual with the head of a screwdriver, causing a puncture wound to the victim’s head. He was sentenced to seven years’ imprisonment. The respondent was aged 17 at the time of the offence and was in the UK for a brief holiday. Having served three years of his imprisonment, he was initially released on licence in 2013. As a condition of his release on licence, he resided at a probation hostel but the respondent did not have any connection to the UK and found it difficult to live with strangers away from his family and friends. The Teelin case provides a practical example of the type of circumstances where, once implemented, the framework decision will be of benefit to offenders by providing for their rehabilitation and reintegration into society. It also demonstrates the harm caused by the failure to implement the framework decision.

Fianna Fáil supports increased opportunities for social reintegration by allowing the probation measures which have been imposed on offenders to be supervised in the country in which they live. I hope that this Bill will become law very soon.

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