Ulick Burke (Galway East, Fine Gael)
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Question 9: To ask the Minister for Justice, Equality and Law Reform if he will introduce legislation to strengthen the role of the parole board; and if he will make a statement on the matter. [34577/07]

Conor Lenihan (Dublin South West, Fianna Fail)
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The parole board reviews the cases of those prisoners serving long terms of imprisonment who are eligible for parole and who apply to be considered and then provides advice and recommendations to the Minister on those cases. The board has done an excellent job in making recommendations to the Minister of the day.

On several occasions, the issue has been raised as to whether decisions on the release of prisoners, particularly those with a sentence of life imprisonment, should be made by the Minister or by another body. This issue was considered by the High Court only this year in a case where two prisoners sentenced to life imprisonment challenged, among other issues, the role of the Minister in the process, arguing that the decision on their release was a judicial function not appropriate to the Executive and that the involvement of the Minister was in breach of the European Convention on Human Rights. The court rejected both arguments and upheld the existing system.

There are no immediate plans to introduce legislation dealing with the parole board, but the matter will be kept under review.

Joe Carey (Clare, Fine Gael)
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The Minister and his Government colleagues know we are out of touch with European human rights law. Why are we evading this issue by failing to bring Irish legislation into line with European legislation?

Conor Lenihan (Dublin South West, Fianna Fail)
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I am not sure whether the Deputy heard my answer. As I stated, two prisoners took a case arguing that the operation of the parole board is in conflict with the European Convention on Human Rights and the High Court upheld the Minister's executive role or responsibility in regard to parole decisions.

Recommendations on how the system may be improved, from the Human Rights Commission and others, are relevant and timely. I presume this is what Deputy Carey is alluding to. Suggestions have been made that the parole board should be placed on a statutory or independent basis. The Minister has informed me that he has an open mind on this issue and will consider it in the context of the ongoing review of the operations and arrangements pertaining to the parole board. He is ready to look at the issue and, if necessary, legislate for a statutory and independently based parole board if that is what is found to be the best option in terms of harmonising with the European Convention on Human Rights.

Charles Flanagan (Laois-Offaly, Fine Gael)
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Will the Minister of State consider it meritorious that the terms of reference for the role and function of the parole board be broadened to include those convicted of sex offences? Sex offenders do not come under the parole scheme. This means there is no incentive for such offenders to avail of treatment programmes because the terms of their sentences exclude them from the remit of the parole board.

How often does the parole board meet the Minister for Justice, Equality and Law Reform? How often does he request and receive reports from it? Does the board have a backlog of cases to consider?

Conor Lenihan (Dublin South West, Fianna Fail)
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During 2006, the parole board made recommendations to the Minister on 73 cases. The total caseload for 2006 was 203 and 60 prisoners accepted an invitation to participate in the review process.

I do not have the answer to the Deputy's question on whether sex offences should come within the scope of the parole scheme. I will ask the Minister to reply directly to the Deputy on that issue.

Charles Flanagan (Laois-Offaly, Fine Gael)
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I thank the Minister of State.