Brian Lenihan Jnr (Dublin West, Fianna Fail)

I wanted to deal with that question and I am glad the Senator reminded me of it. It is my understanding that the State has never been exposed in damages from a person who objected to the temporary release of an individual. There has been no liability there and no clause in this Bill seeks to exonerate the State from any such liability. In any event, the State would not accept liability in such a remote contingency. The fact that I have reassured the House that there is not an exoneration clause in the Bill should not be taken as an indication that there is any liability on the part of the State in such circumstances in the first place.

Senator Walsh said there was a clear onus on the State to assist in the rehabilitation of offenders and I agree with him. He was concerned with the provision in the Bill relating to the government of prisons and to the fact that the Minister has retained power, under paragraph 1(1)(c), to grant temporary release to ensure the good government of a prison or to maintain good order in, or the humane and just management of a prison. As many Senators acknowledged, the problem of the revolving door in the penal system is no longer with us. Nevertheless, the Minister has retained this power should it be required.