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

Clare Daly: We dealt with it earlier.

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

Clare Daly: That is fine.

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

Clare Daly: I move amendment No. 32:In page 13, between lines 1 and 2, to insert the following:“(vi) the effect that the granting of parole may have on the prisoner’s family; (vii) the likelihood that being granted parole would facilitate or aid in the parole candidate’s reintegration into his or her family;”. This about the reports the parole board can direct to be prepared...

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

Clare Daly: I totally accept the points made by the Minister and Deputy O'Callaghan. The first part of the amendment is worded really poorly with respect to the granting of parole and impact on a prisoner's family. It is not appropriate in that context. I was open to the idea that this may have been covered anyway and I was probably trying to seek some way to include a provision for the family. I...

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

Clare Daly: I am fond of these amendments and am taking them seriously, particularly amendments Nos. 46 and 51. This is against the backdrop of where the Bill currently provides for the parole panel to refuse somebody and not be considered again for two years. I am trying to replace this with a provision for one year as I do not accept the two-year rule. I am not sure if it is a resourcing issue but...

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

Clare Daly: The Deputy has lost me completely.

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

Clare Daly: Deputy O'Callaghan is right, it is covered there. I withdrew amendment No. 45 during the discussion on the earlier grouping.

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

Clare Daly: I certainly take the point on section 15 and it has been dealt with, but, to be honest, I am not convinced on the other issue. As it stands, I will press amendment No. 51. I appreciate that there is discretion to reduce the period below two years, but to be human rights compliant, it would be better if it was one. If a person is not engaging or there have been no improvements in his or her...

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

Clare Daly: I move amendment No. 51:In page 15, line 23, to delete “2 years” and substitute “1 year”.

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

Clare Daly: I move amendment No. 53:In page 16, to delete line 12. The line we propose to delete provides that the nature and gravity of the offence for which a prisoner has been sentenced shall be one of the principles by which the parole board shall be guided in the discharge of its functions. I understand absolutely that the safety of the community and the victim are of critical importance in making...

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

Clare Daly: Having listened to the debate I believe the amendment is even more important as a guiding principle. The judge factors in the nature and gravity of an offence when sentencing. Nobody is saying that the parole board will not know what the person has been imprisoned for. Of course the board will know the type of crime. It must recognise the impact the original crime has had on the victim...

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

Clare Daly: Our wires have crossed. What has been objected to here is the specifically pulling out, into a stand-alone category, of the nature and gravity of the offence. If one is going to give that an added weight by according it a particular section then other things should be given equal weight. For example, the circumstances of the offender at the time. Were they strung out on drugs? Had they a...

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

Clare Daly: I thought I withdrew amendment No. 58 earlier. We are all getting confused.

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

Clare Daly: I think the problem is that this amendment is linked to another amendment in my name that is not going to be carried. If we were to agree this amendment, it would be meaningless without the other amendment also being agreed.

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

Clare Daly: Yes. I think we said earlier we might examine the issues that arise from this group of amendments.

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

Clare Daly: I agree with the Deputy.

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

Clare Daly: Okay. As Deputy Wallace has said, it is probable that amendment No. 67 will be agreed. The two amendments are almost identical. Deputy O'Callaghan's amendment includes an extra provision. The other four clauses are identical. It is great that this clause is being inserted. The only difference between the amendments relates to the two-year issue we discussed earlier. We have said we...

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

Clare Daly: Amendment No. 72 not moved.

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

Clare Daly: I move amendment No. 77:In page 20, lines 14 to 17, to delete all words from and including "order—" in line 14 down to and including line 17 and substitute the following:"order has committed a criminal offence,". This amendment deals with the revocation of a parole order, which is obviously a very serious step. I tabled the amendment in the context that the Irish Penal Reform Trust...

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

Clare Daly: It is about making sure that it is not automatic that somebody would be returned to prison for a breach of the conditions. While a breach of the conditions is obviously serious, there can be extenuating circumstances and there are obviously different conditions. Maybe we have not distinguished enough between decisions to revoke parole or suspend the licence. Suspension of a licence is fair...

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