Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 38:

In page 16, between lines 22 and 23, to insert the following:“Parole order

28. (1) A parole order shall—

(a) be in writing,

(b) specify the person to whom it relates,

(c) direct that the person shall be released on parole on or before such date as may be specified in the order, which date shall be not more than 18 months from the date of the making of the order, and

(d) direct that the release on parole of the person shall be subject to—

(i) such conditions, if any, as may be specified in the order, having regard to the circumstances of the case,

(ii) such conditions, if any, as are specified in procedures determined under section 14 and are applicable to the person to whom the order relates or the class of persons to which he or she belongs, and

(iii) the condition that the person does not commit an offence while on parole.

(2) A parole order shall not include, other than to the extent the Board considers it necessary, any information that identifies, or could identify, a relevant victim or his or her place of residence.

(3) A parole order shall have effect—

(a) where the person is serving one sentence of imprisonment for a determinate term only—

(i) until the sentence of imprisonment expires,

(ii) until the order is revoked, or

(iii) for so long as the order is not suspended under section 34(3),

(b) where the person is serving two or more sentences of imprisonment, each of a determinate term, to be served concurrently—

(i) until the longest sentence of imprisonment being served by the person expires,

(ii) until the order is revoked, or

(iii) for so long as the order is not suspended under section 34(3),

(c) where the person is serving two or more sentences of imprisonment, each of a determinate term, to be served consecutively—

(i) until the sentence of imprisonment to be served last by the person expires,

(ii) until the order is revoked, or

(iii) for so long as the order is not suspended under section 34(3),

or

(d) where the person is serving a sentence of imprisonment for life, until the order is revoked or for so long as it is not suspended under section 34(3).

(4) Without prejudice to the generality of subsection (1)(d)(i), a parole order may specify that the release of the person to whom it relates on parole shall be subject to any one or more of the following conditions:

(a) that the person submit to supervision by the Probation Service;

(b) that the person resides or remains in a particular district or place in the State;

(c) that the person refrains from attending at such premises or other place as the order may specify;

(d) that the person refrains from having any contact with such person or persons as the order may specify.

(5) A person released on parole pursuant to a parole order shall comply with any conditions to which his or her release is made subject.

(6) Where the Board makes a parole order, it shall, as soon as practicable after the making thereof—

(a) provide a copy of the order to—

(i) the parole applicant to whom it relates,

(ii) the Irish Prison Service,

(iii) the relevant governor,

(iv) the Probation Service, and

(v) the Commissioner of the Garda Síochána,

(b) notify the Minister in writing of the making of the order, and

(c) where it considers it appropriate, notify the relevant victim in writing of the making of the order and of any conditions attaching to such release which relate to the victim.”.

The amendments deal with parole orders, namely, the granting of a parole order, the refusal of a parole order, the variation of a parole order and the conditions which might be attached to parole orders. Amendment No. 38 broadly replaces the old section 22 of the Bill. It sets out what must be in a parole order when it takes effect and who must be given a copy of the order. The order will specify a date upon which the person is to be released, perhaps up to 18 months in the future. Often prisoners who have been detained for very many years may find it difficult to adjust if they are released immediately. Time can be used to prepare a person for their eventual release, for example by transferring him or her to an open prison, perhaps. A parole order will be subject to conditions that the board considers appropriate in the circumstances, for example, that the parolee does not communicate with the victim, that he or she does not visit a particular locality, or that he or she does not commit an offence while on parole. At the moment, life sentence prisoners living in the community are supervised by the probation services. As was mentioned on Committee Stage, these officers are responsible for facilitating and assisting an offender in reintegrating into society. As such, they are likely to be best placed to identify the immediate needs of and risks faced by an offender, including how these needs or risks might change or vary.

Amendment No. 39 provides that the prison governor must comply with a parole order. Amendment No. 40 deals with the refusal of a parole order. When refusing parole, the current Parole Board can recommend measures that could further the prisoner's rehabilitation or capacity to reintegrate into society or that might mitigate any risk they might pose to the public. For example, it can recommend that prisoners undergo a therapeutic programme or educational course or that they undergo short periods of temporary release. This is an important aspect of the board's current work, particularly when it is reviewing prisoners at an early stage of their sentences. There was broad agreement among Deputies on Committee Stage that this sentence management function should continue. At the time, Deputy O'Callaghan brought an amendment to the Bill to include sentence management as one of the board's functions. Subsection (2) inserted here makes that requirement more explicit.

Amendment No. 41 deals with the variation of a parole order. It allows the board to vary a parole order, for example, where it believes that a new condition might need to be added or that an existing condition should be changed. It can also vary the date of release of a person who is still in prison.

Amendment No. 42 deals with situations where the board decides on standard conditions that apply to all parole orders or a group of parolees. The board must notify every person affected of the new condition. It can also notify certain other people, including the victim, if the condition is relevant to the victim.

See this speech in context