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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...

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...

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