Dáil debates

Wednesday, 3 July 2019

Parole Bill 2016: Report Stage

 

6:35 pm

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

These are probably the most significant amendments that have been tabled by the Government. They will change the Bill as originally drafted. Under the Bill as passed on Second Stage - it went through Committee Stage as well - there were to be panels and panel convenors. Under the legislation as originally drafted, there were to be reviews and hearings. Reviews would take place on the basis of a paper analysis of the application. These would have been appropriate for less controversial applications, for those that could be dealt with by the Parole Board without too much controversy or difficulty. Hearings were to take place, however, where an issue arose requiring greater deliberation. Under the original legislation, the board was to sit in different panels. Of the board's 15 members or thereabouts, a panel of three to five members would be constituted to hear a parole application and it could conduct a review or direct that there be a hearing.

I had the benefit of the expert advice that the Minister has available to him in his Department. I had an informative meeting with officials from the Department, for which I thank the Minister and the officials. They provided me with an insight into the thinking of the Department and the reasons those responsible thought they needed to change the legislation.

I appreciate that the process of different panels within the Parole Board could become complicated. It could make it difficult for the board to make determinations based on the assembled qualifications that exist within the board. I appreciate and understand the logic of moving away from the panel criteria and allowing the board to operate as one entity. I suppose it will mean the board will be able to set its procedures for reviews and hearings. That is a matter for the board to determine. I am supportive of these amendments. I recognise the Minister's logic in putting them forward.

As the Minister mentioned, the original Bill provided for legal representation. It is an important that the person who is seeking parole has an opportunity to put forward his or her best case. Similarly, as the Minister has indicated, victims of crime are to be involved. This is at the heart of the Bill. I believe they should have a say in whether a life sentence should in practice be reduced significantly. It is beneficial that there is legal representation for families affected. I welcome the fact that the Minister has now provided that those families will not have merely abstract legal representation but, rather, they will get the benefit of legal aid so that they can be heard. I also see the logic of the requirement that if one party is to be given legal assistance, the other must be given assistance too. I will support these amendments.

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