Brian Lenihan Jnr (Dublin West, Fianna Fail)

I thank the Senators who contributed to this informative and constructive debate. Before I deal with the specific points raised by speakers, I should reiterate that the main purpose of the Bill is to provide a clear legislative basis for the granting of temporary releases. The legislative device in question, therefore, is the amendment of section 2 of the Criminal Justice Act 1960. This Bill lays out in much greater detail the criteria which govern the exercise of ministerial powers in this area. It is important to commence by stating that temporary release is not a right, but a privilege. This is a fundamental point of departure when considering this issue.

I would like to respond to Senator Henry, who pointed out that this legislation expressly permits the Minister to take into account the risk of a person committing an offence during any period of temporary release. In the context of bail, however, one is dealing with a person who has not been convicted of an offence. A person who has been charged with an offence can seek bail. Before the amendment to the Constitution was approved by the people in 1996, courts were not permitted to take into account the risk of re-offending in the context of bail because the accused person had not been convicted at that stage. This Bill relates to a person who has been convicted and sentenced, however. The Minister is entitled under this Bill – the Oireachtas is entitled to legislate in this way – to take into account the risk of offending, which is a very material matter in the consideration of issues of this type.

The Senator's query is well made, however, as it illustrates the nature of temporary release. As I said, temporary release is a privilege that the Executive is permitted to grant to an individual who has been sentenced to a term of imprisonment, but it is not a right for the prisoner. It cannot be a right, as the courts have laid down a definitive sentence. Experience of the administration of the prison system teaches us that temporary release arrangements are necessary for the humane administration of a prison. The arrangements do not relate only to humanitarian matters, in respect of which they have always been available.