Seanad debates

Wednesday, 8 October 2003

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

 

10:30 am

Photo of Mary O'RourkeMary O'Rourke (Fianna Fail)

I am glad to have an opportunity to contribute to the debate. This is interesting legislation as it strikes a chord with people in terms of how they feel about the justice system, offenders and the effort to ensure they do not enter prison to emerge as more committed criminals. The optimum benefit towards which one should work is that the person who is imprisoned should go through a restorative process so that when he or she emerges, he or she can make a meaningful contribution to society. That sounds lofty, particularly when one must consider how it can be ensured that a prisoner spends time in prison without hardening his or her criminal inclinations.

Senator Maurice Hayes referred to rough and ready justice. It is correct in many cases that an individual commits a crime and is sent to prison, getting what he or she deserves, particularly given the distress caused to victims. The notion that the person who commits a crime must serve his or her time is the yardstick for rough and ready justice. It is correct that he or she should get his or her due deserts in a non-beneficial way. However, at the same time, we are members of society and depend on one another in terms of displaying good conduct, developing good relationships and bettering the lives of others. It may sound like Mary Poppins stuff, but this Bill is concerned with temporary releases.

We need to assess why provision needs to be made for temporary releases. As the Minister of State said, we have moved on from the time when the revolving door syndrome was a common feature of the justice system. We have better prisons, thankfully, as well as more prison spaces. The revolving door syndrome has been eliminated. Why, therefore, should there be temporary releases? They are needed so that people can become acclimatised and accustomed to society once more. Prisoners might need to be released temporarily to undergo a training regime that is suited to their abilities and that may give them better employment opportunities when they are released.

We are all familiar with the notion of temporary release on humanitarian grounds. I have found all Ministers for Justice, Equality and Law Reform to be most approachable in that regard since I became involved in public life. All Ministers, of whatever political party, have been most ready to accede to requests put forward when there is a genuine humanitarian aspect to the case, such as a death, severe illness or severe trauma in the family of a prisoner. That has always been the system.

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