Seanad debates

Wednesday, 8 October 2003

Criminal Justice (Temporary Release of Prisoners) Bill 2001: Second Stage.

 

Subsection (3) sets out the circumstances in which the Minister shall not give a direction for the temporary release of a person. These circumstances are where it would not be appropriate to give such a direction for persons connected with any one or more of the considerations listed in subsection (2). This simply means that the Minister must not grant temporary release where he or she is of the opinion that he or she should not do so on the basis of any or all of the criteria in subsection (2). If, when considering any of the criteria, the Minister is of the view that the person should not be granted temporary release, he or she cannot grant such release even if another of the criteria might suggest that temporary release would be beneficial. If, for example, the potential threat to the safety or security of the public is so great that he or she feels the prisoner should not be released, the fact that the release might improve the person's prospects of employment need not be considered.

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