Dáil debates
Thursday, 4 February 2010
Other Questions
Temporary Release of Prisoners.
Richard Bruton (Dublin North Central, Fine Gael)
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Question 6: To ask the Minister for Justice, Equality and Law Reform the number of prisoners who were given temporary release at Christmas 2009 who are still at large; and if he will make a statement on the matter. [5698/10]
Dermot Ahern (Louth, Fianna Fail)
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A total of 176 prisoners were granted varying periods of temporary release at Christmas 2009 under the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003. This figure represents approximately 4% of the prisoner population at that time.
The periods of release granted to these prisoners varied from a few hours up to seven nights. The overriding concern when considering the applications was the safety of the public. While the obvious additional factors taken into account when considering temporary release at Christmas are compassionate and humane considerations, before any determination on the granting of temporary release to a prisoner is made a number of factors have to be taken into account. These include the nature and gravity of the offence to which the sentence being served by the prisoner relate; the period of the sentence served by the prisoner and period left to serve; the potential threat to the safety and security of the public should the prisoner be released; the prisoner's previous criminal record; the risk of the prisoner failing to return to the prison at the expiration of the period of temporary release; any reports or recommendation made by the governor, the Garda Síochána, a probation officer, or any other person who may be of assistance in coming to a decision as to whether to grant temporary release; the risk that the prisoner might commit an offence during any period of temporary release; the risk of the prisoner failing to comply with the conditions of temporary release; and the likelihood that a period of temporary release might assist the prisoner's eventual full release and their reintegration into society or improve his or her prospects of obtaining employment.
As of 1 February 2010, four prisoners out of the 176 prisoners released at Christmas have failed to return to custody. Experience has shown that it is likely that these offenders will shortly be returned to custody by the Garda Síochána to complete their sentences.
The Prison Service utilises temporary release as part of its programme of sentence management. Temporary release is used to facilitate the rehabilitation and reintegration of prisoners into society. Rather than releasing prisoners straight into the community at the end of their sentence, it is in everyone's interest that prisoners who do not pose a high risk to the public are reintroduced into society in a planned and structured way. The generally accepted view is that the risk to the community would be reduced by planned re-integration of offenders compared to their return to the community on the completion of their full sentence.
Joe Carey (Clare, Fine Gael)
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I thank the Minister for his reply. The fact that four prisoners remain at large raises a serious public safety concern. Is the Minister concerned about this? Do these people pose a threat to the safety of the public? If this continues to be a problem, will the Minister give a commitment to the House that he will speak to the director of the Prison Service? Will he keep the matter under review?
Dermot Ahern (Louth, Fianna Fail)
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It is a matter of concern that four people are still at large and when they are returned to prison there will be consequences for them because, to a certain extent, it puts into question the entire system of giving temporary release on compassionate grounds at Christmas, which is a time-honoured practice. I would hazard a guess on their particular circumstances that, when considering any conditions that they might seek in the future, the fact that they absconded would have to be borne in mind. By and large over recent decades practice has shown that the vast majority of prisoners return to continue to serve their sentences. It is an issue we keep under review.
Pat Rabbitte (Dublin South West, Labour)
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The Minister provided the figures for Christmas. To what did the Christmas release bring the figures for December? The figures I have from the Prison Service suggest that 174 prisoners were on temporary release in January 2008. The latest date for which I have figures is July 2009 when it had increased to 614. That seems to suggest-----
Dermot Ahern (Louth, Fianna Fail)
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The question is on Christmas release and the figure of 174 is for Christmas release only.
Pat Rabbitte (Dublin South West, Labour)
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Yes, I appreciate that. My question is to what did that bring the figure for December. What was the total figure in December?
Dermot Ahern (Louth, Fianna Fail)
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I do not have the figures for that but I can give comparisons.
Pat Rabbitte (Dublin South West, Labour)
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Question No. 56 which I tabled asks for those figures but perhaps the Minister's advisers did not think we would reach it-----
Dermot Ahern (Louth, Fianna Fail)
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Despite the Leas-Cheann Comhairle quickening me up.
Brendan Howlin (Wexford, Labour)
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We cannot anticipate the questions.
Pat Rabbitte (Dublin South West, Labour)
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-----and therefore they did not bother their barney telling the Minister, or the Minister will not bother his barney telling me.
The point is that the Minister is using temporary release to deal with overcrowding.
Dermot Ahern (Louth, Fianna Fail)
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No, it is not. In 2004, some 294 prisoners were released at Christmas, while in 2005, some 280 were released. The figure for 2006 was 230, while it was 138 for 2007. For 2008, it was 107 and for 2009 it was 174. The figures are reducing. Last Christmas, the number we released was just over half of what was released at Christmas 2004.
Pat Rabbitte (Dublin South West, Labour)
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Is the Minister more compassionate in July than he is at Christmas? Perhaps we should move Christmas to July.
Dermot Ahern (Louth, Fianna Fail)
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This has nothing to do with July.
Pat Rabbitte (Dublin South West, Labour)
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In July, 614 people-----
Dermot Ahern (Louth, Fianna Fail)
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I am giving figures for Christmas and in 2004 we released 294 prisoners and in 2009 we released 174.
Pat Rabbitte (Dublin South West, Labour)
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If the Minister could take himself out of the role of Santa Claus for a moment - I know he sees himself in that light-----
Pat Rabbitte (Dublin South West, Labour)
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How many people were on temporary release at the end of December 2009?
Brendan Howlin (Wexford, Labour)
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The Minister indicated he does not have that figure.
Dermot Ahern (Louth, Fianna Fail)
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I cannot give the figure for 31 December 2009 but the overall figure for 2009 is approximately 12%, which I must say----
Pat Rabbitte (Dublin South West, Labour)
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That it compares very favourably to when my party was last in Government.
Dermot Ahern (Louth, Fianna Fail)
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I know the Deputy hates being reminded of it-----
Pat Rabbitte (Dublin South West, Labour)
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Now can we skip that paragraph? I have heard it every time.
Dermot Ahern (Louth, Fianna Fail)
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-----but it is going to come whether he likes it or not if I get the figures for when he was in office-----
Pat Rabbitte (Dublin South West, Labour)
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I would have thought the Minister had them handy in his file.
Dermot Ahern (Louth, Fianna Fail)
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The figure for temporary release in 1994, when I think the Deputy was in Government if he can remember back that far-----
Pat Rabbitte (Dublin South West, Labour)
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1994 was a particularly bad year.
Dermot Ahern (Louth, Fianna Fail)
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-----was 22% and I remind the Deputy that today it is 12%. In 1995, it was 20%, while in 1996 it was 17%-----
Pat Rabbitte (Dublin South West, Labour)
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We did not have any prisoners because we did not have crime like we do now.
Dermot Ahern (Louth, Fianna Fail)
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In 1997 it was 19%. In every year Deputy Rabbitte was in office the figure was way higher than it is today.
Brendan Howlin (Wexford, Labour)
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I do not think the Deputy was in office in 1994.
Charles Flanagan (Laois-Offaly, Fine Gael)
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Do these figures include the two prisoners from Castlerea released the week before last to go to a funeral and disappeared from a graveyard in Roscommon and have not been seen since?
Dermot Ahern (Louth, Fianna Fail)
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I must disappoint the Deputy; they have been seen since as they are back in custody.
Pat Rabbitte (Dublin South West, Labour)
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Thanks be to God; I thought they fell into the grave.
Dermot Ahern (Louth, Fianna Fail)
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It is a bit like the promotions issue; the Deputy obviously does not read the newspapers.
Charles Flanagan (Laois-Offaly, Fine Gael)
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I asked the Minister to name the people involved in promotions. His friends are putting it in the newspapers for the Minister.