Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 17:

In page 7, between lines 25 and 26, to insert the following:“Functions of Board

9. (1) The Board, in addition to the other functions conferred on it by this Act—

(a) shall provide information to persons serving sentences of imprisonment, victims and members of the public in relation to its functions,

(b) shall provide information to the Minister in relation to its functions and make recommendations to the Minister, upon his or her request, to assist him or her in coordinating and making policy related to the release of persons from prison on parole, and

(c) may undertake, commission or assist in research projects and other activities related to the release of persons from prison on parole which in the opinion of the Board may assist it in the exercise of its functions, and make recommendations to the Minister arising from those projects or activities.

(2) Subject to this Act, the Board shall be independent in the exercise of its functions.

(3) Any function of the Board may be performed through or by the chief executive or any member of the staff of the Board duly authorised in that behalf by the Board.”.

These amendments are to Part 2 of the Bill and relate to the functions and composition of the board. I would contend that they reflect the intentions of Deputy O'Callaghan to large measure. There are some changes, which I will make brief reference to now, if I may.

Amendment No. 17 inserts a section on the functions of the board replacing the existing section 7. Importantly, this is the section that provides that the board is to be independent in the performance of its functions, which is a central feature of Deputy O'Callaghan's legislation. While the primary functions of the board are described throughout the body of the Bill, this section gives the board the power to do other things such as providing information in respect of its functions.

Amendment No. 18 refers to the membership of the board and replaces the existing section 8. The original policy intent as to how people are to be appointed to the board is retained. While members of the board are technically to be appointed by the Minister, the majority will in effect be nominated by State bodies and a number of professional organisations. This is to ensure that the board has the necessary range and depth of expertise to make decisions properly on the matter of parole. There will be experts in law and psychology and experts with experience in psychiatry. There will be a member of the staff of the Irish Prison Service, a member of An Garda Síochána and a probation officer. These will bring their expertise of working on a day-to-day basis on the front line within the criminal justice system to the decisions of the board. Another member of the board will be drawn from an NGO working in an area of prisoners' rights or prison reform. The other members will be persons chosen on the basis of their experience and expertise. This section also includes provisions to ensure that there will be a gender balance on the board.

There have been some suggestions that board members should be appointed following an open competition by the Public Appointments Service. I am not averse to this idea in principle, but I am concerned, especially in the early years, that this would confine the selection process to those who apply. This might result in the necessary and appropriate breadth of experience and expertise not being available to the board. I would say to those Deputies who may have some concerns that I am happy to keep this matter under review. We can re-examine it at some stage in the future in light of the experience and workings of the board.

Amendments Nos. 19 and 20 deal with the terms of the appointments, the matter of resignation from the board, the ineligibility of board members and the removal of board members. As with an earlier amendment, these are standard provisions in legislation of this kind. These sections replace the original section 9 of the Bill.

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