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Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: On the point that Deputy Wallace made about providing that the legal representative be notified, that is not necessary for a review because a review is an informal process where they just look at papers. If the review does not go well for the prisoner, he or she can request a hearing and that is where the legal representation comes in. In that context, it is beneficial to have Deputy...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: Not necessarily.

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 44:In page 14, to delete lines 38 to 40.

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: The objective behind amendment No. 55 is to set out a statutory provision noting that if the board believes a person will be rehabilitated if granted parole or has been rehabilitated and is capable of re-entering society, it is a ground or one of the principles upon which it should be guided. It is important to set it out. Deputies Daly and Wallace are correct when they say prison is...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: Since I drafted the amendment then I should justify it by having the last word. Section 18 is on guiding principles. Section 18(2) states:The Board shall also be guided by the following principles in the discharge of its functions:(a) the Board shall endeavour to take into consideration all relevant available information, including:(i) the stated reasons and recommendations of the...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 55:In page 16, line 23, to delete "victims." and substitute the following:"victims; (d) the Board shall assess the extent to which the person whose parole is being considered has been rehabilitated and would, if granted parole, be capable of reintegrating into society.".

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: It was part of the first grouping.

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 60:In page 17, line 9, to delete "(Temporary Release of Prisoners) Act 2003" and substitute "Act 1960 as amended".

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 61:In page 17, line 21, after "treatment" to insert ", education or training". We are seeking to include the words "education or training" after the word "treatment". It is a sensible amendment.

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 64:In page 17, line 32, to delete "eight" and substitute "twelve". At present, the parole board is required to consider people who are convicted of life-sentence offences for parole after eight years. It is just not feasible because people do not get parole after eight years. Parole is not generally considered until after 12 years have passed. For that reason, I am...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 65:In page 17, line 33, to delete "a person" and substitute "a person,".

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: Not at all. This is the first time it has happened to me in a while.

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: Amendment No. 67, in my name, proposes to insert a new section 21 in the Bill to set out the arrangements for consideration for parole. I think it accommodates many of the concerns that have been set out this morning. I am proposing that someone who has been refused parole should be allowed to apply again after two years, or at an earlier date after a "shorter period as the Board may...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 67:In page 18, between lines 4 and 5, to insert the following: “Consideration for Parole 21. (1) An eligible person detained under a custodial sentence may apply to the Board to be considered for parole at any time subject to subsection (2) but not earlier than three months prior to that person’s parole eligibility date.(2) In the case of a second or...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 69: In page 18, to delete line 21, and substitute the following: "(a) authorise the eligible person to whom it is addressed to be released from custody subject to the conditions set forth therein and to the provisions of this Act,". This is an amendment to section 22 which deals with parole orders. The primary function of a parole order is to permit the release of the...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 70:In page 18, line 25, to delete "Without limiting subsection (1) a" and substitute "A".

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 71:In page 19, between lines 1 and 2, to insert the following:"(3) A Parole Order shall be given to the Governor, or person for the time being performing the functions of Governor, of the prison concerned. (4) The Governor, or person for the time being performing the functions of Governor, of the prison concerned to whom a Parole Order under this section is given shall...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 73:In page 19, line 20, to delete "or" where it firstly occurs.

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 74:In page 19, line 29, to delete "(without limitation)".

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 75:In page 20, line 2, to delete "(if Board deems is practicable)" and substitute ", if the board deems it appropriate,".

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