Results 19,181-19,200 of 20,459 for speaker:Frances Fitzgerald

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

Frances Fitzgerald: Amendment No. 32 tabled by Deputy Daly would require a report regarding a parole candidate to include the effect the granting of parole may have on the prisoner’s family and the likelihood that being granted parole would facilitate reintegration into his or her family. It is clear from section 19 of the Bill that a parole board may grant parole if, in its opinion, the person being...

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

Frances Fitzgerald: With respect to section 14, I inform the committee that I have asked officials to examine this section with respect to its interaction with other sections of the Bill, including sections 15, 16, 18, 19 and 27, and further amendments may be required.

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

Frances Fitzgerald: I support amendment No. 41, which provides that a parole candidate may be interviewed by the parole panel, where the panel believes that is appropriate. That seems very reasonable. Amendment No. 42 would require a decision of a parole review to be given to the parole candidate’s legal representative. There is no provision in the Bill for legal representation for the purposes of the...

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: Yes.

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

Frances Fitzgerald: The section provides for hearings on parole applications and indicates that candidates for parole are entitled to legal representation for that purpose. I advise the committee that, in line with that provision, there will be provision to allow legal aid for the purposes of such representation. I will propose amendments to that end, either amendments to a particular section or to provide for...

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

Frances Fitzgerald: I oppose this amendment absolutely. It is critical in decision-making that one knows the nature and gravity of the offence. When I consider the cases that have come to me, I cannot think of one in which, when making a decision on release into society, I would not want to know the details on the nature and gravity of the offence or the risk to society. I am referring to the exclusion of the...

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

Frances Fitzgerald: I will go over this matter again. Essentially, a parole board analyses the whole situation. It conducts a risk assessment, on behalf of society, on the possibility for rehabilitation. It seems to me that one cannot assess the current risk unless one understands the nature of the offence that was committed in the first place and the risks factors that led to same. The nature and gravity of...

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

Frances Fitzgerald: I support the amendment.

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

Frances Fitzgerald: I agree with the amendment.

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

Frances Fitzgerald: No, it is fine. I think we have agreed to proceed with amendment No. 67.

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

Frances Fitzgerald: I would like to raise a further issue with respect to section 20. Section 20(5) provides that when imposing a sentence on a person, a sentencing judge may impose a specified period during which that person shall not be eligible for parole. This connects with my earlier comments regarding mandatory life sentences for persons convicted of murder. Section 20(5) is a very significant provision...

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

Frances Fitzgerald: I accept all these amendments.

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

Frances Fitzgerald: I also intend to further consider this section and, in particular, the conditions set out under section 22(2). While Deputy O'Callaghan has adopted a comprehensive approach, I would like to consider whether further conditions should be set out in the section or whether certain automatic conditions should apply to parole orders, such as the requirement to abide by the lawful instructions of a...

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

Frances Fitzgerald: The section deals with monitoring compliance with orders. Consideration is currently being given to the relationship between the provisions of this section and the role of the Probation Service in managing offenders on release from prison and this may give rise to amendments that would provide further clarification on this.

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

Frances Fitzgerald: I wish to point out that for procedural reasons, some drafting or technical amendments may be required to be made to this section.

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

Frances Fitzgerald: Amendment No. 77 to section 25 would have the effect that a parole order may only be revoked if the person commits a criminal offence, as Deputy Clare Daly outlined. Currently, the section provides that an order may be revoked if the person poses an undue risk to the safety of the community or any person - that stalking example is a good one - or persons or has breached a condition of his or...

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

Frances Fitzgerald: It might be helpful to state that the number being brought back at present varies but is usually five or fewer per year out of 60 or 80. Deputy Wallace referred to the changed situation for the person, the difference between being in prison and being out of prison, what can happen, the adjustment, etc. It is worth bearing in mind that in all of these cases there will have been a period of...

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

Frances Fitzgerald: One concern I have relating to section 25 which may require further amendment is that a parole order may be suspended where a person has been charged with an offence whether or not this has resulted in a conviction. This provision might run the risk of being challenged. Everyone is entitled to the presumption of innocence and I do not believe that simply being charged with an offence should...

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

Frances Fitzgerald: Amendments Nos. 84 to 88, inclusive, address section 26. This is a section of the Bill to which I intend to bring further amendments. I have been advised that the issuing of warrants by the parole board authorising a member of An Garda Síochána to apprehend a person is not appropriate. I will bring forward substantial amendments to this section to provide for a system of...