Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 21:

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

13.(1) The Board shall have all such powers as are necessary or expedient for the purposes of its functions, including—

(a) to direct that a report in writing relating to the relevant person be prepared by such person as it considers appropriate,

(b) where it is considering an application for parole or the revocation of a parole order, to assign a legal representative to the relevant person unless he or she proposes to engage one,

(c) to meet with a relevant person for the purposes of interviewing him or her or receiving oral submissions from him or her or his or her legal representative,

(d) to receive written submissions from a relevant person or his or her legal representative,

(e) where it is considering an application for parole or the revocation of a parole order, to assign a legal representative to the relevant victim where he or she wishes to make submissions to the Board, unless he or she proposes to engage one,

(f) to meet with a relevant victim for the purposes of receiving oral submissions from him or her or his or her legal representative,

(g) to receive written submissions from a relevant victim or his or her legal representative, and

(h) to apply to the Courts Service for a transcript of a court hearing which was held for the purposes of the consideration or imposition by the court of a sentence on a relevant person.

(2) Without prejudice to the generality of subsection (1)(a), the Board shall, for the purposes of considering an application for parole, the variation of a condition attaching to, or the date of release specified in, a parole order, or the revocation of a parole order, have the power to direct that a report in writing in respect of the relevant person be prepared and furnished to it by or on behalf of—

(a) the Irish Prison Service,

(b) in the case of a parole applicant, the person in charge of—

(i) a designated centre,

(ii) a children detention school, or

(iii) any institution other than a prison,

in which the parole applicant has, during the course of the term of imprisonment in respect of which he or she is being considered for parole, been detained,

(c) the Probation Service,

(d) the Commissioner of the Garda Síochána,

(e) a psychologist,

(f) a person in a place outside the State who is entitled under the law of that place to practise psychology,

(g) a psychiatrist,

(h) a person in a place outside the State who is entitled under the law of that place to practise medicine in the field of psychiatry or child and adolescent psychiatry,

(i) a medical practitioner, or

(j) a person in a place outside the State who is entitled under the law of that place to practise medicine.

(3) Where the Board directs that a report be prepared pursuant to this section, it shall specify in its direction the matters to be dealt with in the report in respect of the relevant person which matters may include any one or more of the following:

(a) details of the sentence imposed on the relevant person and the manner in which it has been served to date;

(b) the conduct of the relevant person;

(c) in the case of a parole applicant—

(i) the risk or likelihood, if he or she were to be released on parole, of him or her—

(I) committing another criminal offence,

(II) failing to comply with conditions attaching to the parole order, or

(III) presenting an undue risk to the safety and security of members of the public (including the relevant victim),

(ii) the extent to which the person has been rehabilitated and would, if released on parole, be capable of reintegrating into society, or

(iii) whether it is appropriate in all the circumstances that such a person be released on parole;

(d) such other matter as the Board may consider necessary to assist it in its consideration of the application for parole or of the variation or revocation of the parole order, as the case may be.

(4) Where the Board directs a person or body referred to in paragraph (a),(b),(c)or (d)of subsection (2)to prepare a report pursuant to that subsection, the person or body referred to in the direction shall, insofar as is possible, prepare such a report and furnish it to the Board as soon as practicable.

(5) Where the Board applies to the Courts Service for a transcript of a court hearing pursuant to subsection (1)(h), the Courts Service shall, insofar as is possible, provide a copy of the transcript to the Board as soon as practicable.

(6) The reasonable costs of a person who is directed under this section to prepare a report may be paid by the Board out of moneys at the disposal of the Board.

(7) A meeting between the Board and a relevant person may be conducted—

(a) in such place as the Board considers appropriate, including, where the person is detained in a prison, in that prison, and

(b) by such members of the Board, not fewer than 2 in number, as the chairperson may, in his or her discretion, determine.

(8) A meeting between the Board and a relevant victim may be conducted—

(a) in such place as the Board considers appropriate, and

(b) by such members of the Board, not fewer than 2 in number, as the chairperson may, in his or her discretion, determine.

(9) In this section and in section 14, “relevant person” means—

(a) where the Board is considering an application for parole, the parole applicant to whom the application relates, or

(b) where the Board is considering the variation of a condition attaching to, or the date of release specified in, a parole order, or the revocation of a parole order, the parolee to whom the order relates.”.

The amendments in this grouping deal with the powers and procedures of the board, including how it conducts its meetings and gathers information to assist it in the making of a decision.

Amendment No. 21 deals with the powers of the board. The Bill as it stands provides that the board would sit in panels of three to five members to consider applications for parole. Upon careful examination, it became apparent that there were legal and policy concerns with this approach, mainly relating to consistency in the composition of these panels, how the full range of expertise of the board could be brought to bear in every case and that the panels could lead to a disparity of treatment between different parole applications. I decided that all decisions should be made by the full board, although meetings and information gathering can still be conducted by a subgroup of the board to be determined by its chair.

The Bill also envisages two ways in which decisions on parole could be made, namely, a review and a hearing, with the hearing being somewhat more formal in terms of process. I decided there should be a single consistent process that is robust and transparent, although I am anxious to ensure that it is not overly formal. As the former Minister for Justice and Equality, Frances Fitzgerald, outlined when the Bill was discussed on Second Stage, a formal hearing process could become adversarial. I am keen to ensure that the new process will be closer to that of the current parole board, albeit with some important differences. The board would have the power to obtain reports about the prisoner. For example, it can direct the Irish Prison Service to provide a report on the prisoner's behaviour in prison, engagement with treatment and involvement or otherwise with education programmes. It can obtain psychological reports in respect of the prisoner. The board can meet with the prisoner, interview him or her and provide him or her an opportunity to put forward a case for being granted parole. This meeting or interview can be conducted by two or more members of the board and may take place at the prison. All of this will help the board to determine whether the person poses a risk to the public, or has been rehabilitated.

At this stage of the process, the victim will be entitled to make an oral submission to the board should he or she so wish. Under the current system, the victim is entitled to write to the board and the board takes these submissions very seriously. However, I know that some victims would prefer an opportunity to address the board personally, and it is important that we give favourable consideration towards providing for that.

Legal representation and legal aid will be provided for the parole applicant and the victim in the parole process. The board will be making decisions which have a significant impact on a prisoner's liberty. Many prisoners will have limited capacity to make their case. Legal representation for the applicant was a recommendation of the final report of the strategic review on penal policy published in 2014. As I stated, the victim will also be entitled to legal representation and legal aid. This will help ensure that the balance is maintained between the need of the applicant and the requirements of the victim.

Amendment No. 23 deals with the practical arrangements for meetings of the board, the matter of a quorum and other procedural details.

On a matter of clarification on the legal representation, the provision of such for the victim and the applicant is a feature of the Bill in its current form. The amendment as proposed provides for legal aid to be given for that purpose.

Amendment No. 22 provides for the board to make its own procedures under the Act, subject to stipulations. In particular, there is a requirement for these procedures to be fair.

There are certain matters that the board is obliged to take into consideration.

These amendments will ensure the board can determine procedural detail such as timeframes and the manner in which notifications are to be made. This allows for the less formal structures of which I speak and for a degree of flexibility and practicality. There will be limits on the discretion of the board. For example, the board will have to allow for legal representation. It will have to notify the victim of consideration of an application of parole and give the victim an explanation of how he or she will participate in the process. The board will also provide the parole applicant with the information it will consider in reaching a decision.

I have referred already to amendment No. 23.

Amendment No. 24 provides that members of the board and the chief executive will not be liable for damages for the performance in good faith of the functions of the board.

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