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

Frances Fitzgerald: I would, yes. I have a strong preference for amendment No. 6. I am concerned about the orders relating to sentence management, including orders for transfer. I would make the point again, and ask Deputy Daly to consider it, that the parole board has a specific role. Getting involved in the management and operation of the prisons, which is the tendency, is where this is going. That is the...

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

Frances Fitzgerald: I am considering bringing forward amendments to section 2. These will be mainly technical amendments to this section to provide for additional definitions, which might seem a bit surprising, such as a definition of "prison". Some other new definitions may also be required on foot of amendments proposed today, including a definition of "medical practitioner". We may have to revisit those...

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

Frances Fitzgerald: I would like to raise a matter about this section. Under existing arrangements, parole is effectively the exercise by the Minister of the power of temporary release under the Criminal Justice Act 1960, reflecting the fact that the existing parole board operates in an advisory capacity only. Given that the parole board will now be established on a statutory basis, with a clear...

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

Frances Fitzgerald: Yes.

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

Frances Fitzgerald: Sorry.

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

Frances Fitzgerald: I heard what Deputy Daly had to say but take the Chairman's point. I want to revert to the work that the members of the board are doing. I have had the benefit of reading their decisions, and having to make a decision myself on the recommendation they are making to me. I will make a general point first about how critical the membership is. I think everybody here accepts that it is...

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

Frances Fitzgerald: May I make a suggestion?

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

Frances Fitzgerald: If that is okay.

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

Frances Fitzgerald: That is fine.

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

Frances Fitzgerald: Did the Deputy just say "not qualified"?

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

Frances Fitzgerald: Deputy Brophy has a point with regard to the definition. What I suggest, and what I said with regard to amendment No. 12 is it would be worthwhile narrowing down what we mean by community representative. I am happy to take the amendment and see whether we can do a little bit of work on what we mean by the definition of community representative so it is more aligned to the needs of the...

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

Frances Fitzgerald: No, that is fine.

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

Frances Fitzgerald: I agree with this. It was set out in pre-committee stage.

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

Frances Fitzgerald: Deputy Mick Wallace has said it himself. As Deputy Jim O'Callaghan said, the amendment relates specifically to the panel convenors to a review or hearing. Deputy Mick Wallace seeks to require the chairperson of the board to adhere to the principles of impartiality when making such appointments. The Bill will establish the parole board on a statutory footing. The board and its members will...

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

Frances Fitzgerald: I advise the committee that this section may need some further, technical amendments.

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

Frances Fitzgerald: Amendment No. 26 proposed by Deputy Clare Daly, and No. 27 is consequential on that, relates to the number of people who would sit on a parole panel. As currently set out in the Bill, that could be three or five members of the board. It would mean, as Deputy Brophy was saying, that there were always five persons on the panel. The amendment does remove the flexibility which will lead to the...

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

Frances Fitzgerald: It might be helpful in the consideration of this that the information I have is that at present, once the final decision is made by the Minister, the person qualifying for parole is told of the decision within one to two days.

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

Frances Fitzgerald: Does it?

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

Frances Fitzgerald: Okay, I will get further information on it and communicate with the Deputy.

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

Frances Fitzgerald: I will not oppose amendments Nos. 30 and 31. However, as I mentioned earlier, it is the practice in statute to define terms such as "psychologist", "psychiatrist" or "medical practitioner" and we should give consideration to including such definitions. Amendments Nos. 35 and 38 relate to the evidence of psychologists, psychiatrists and medical practitioners. While I do not intend to oppose...

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