Seanad debates

Wednesday, 8 October 2003

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

 

I put it to the Minister that the motivation behind the Bill is that, until now, by giving temporary release to prisoners, the State was exposing itself to potential liability where the criminal reoffended. The Bill aims to close off that possibility. The Minister for Justice, Equality and Law Reform, whom the Minister of State is representing today, has not been very candid in telling us that the Bill will help exonerate the State from any liability in that regard. I ask the Minister to address that point. Does the Bill seek to confer immunity on him? I would like the Minister, Deputy McDowell, to be present because in a 1994 Irish Times article, he expressed the view that, in the absence of legislation, there were strong grounds for victims of early release reoffenders holding the State liable. I would like the Minister to clarify whether those are the reasons behind the Bill. Will the Bill exonerate the State from liability where an offender on temporary release reoffends? The explanatory memorandum should reflect that and the Minister should be more open in telling us the real reasons for introducing the Bill.

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