Charles Flanagan (Laois, Fine Gael) | Oireachtas source

Amendment No. 37 is the decision on parole. It sets out the criteria the board must consider when making a decision. As Deputy O'Callaghan has said, the amendment retains the principles in the Bill in its current form which are themselves similar to the criteria used to make decisions with regard to temporary release.

There are essentially three criteria to be met in respect of parole. First, the applicant must not present an undue risk to the safety and security of the public, including the victim.

Second, the applicant must be rehabilitated and capable of reintegrating into society. Third, the board must decide that it is appropriate in all of the circumstances to grant parole. The third limb of the test is being introduced by amendment here. There is a similar provision in the legislation pertaining to temporary release. It is important that it is also included here. It is one of a range of factors that the board will consider in making its decision, including the nature of the offence and the seriousness and gravity of the offence committed. Members will recall that there was an interesting debate on Committee Stage about whether the board should be considering the circumstances of the offence. It was felt that in reality, this information could be very important in the decision making of the board. I agree. We are now dealing with the criteria in reaching a decision on the part of the board.

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