Seanad debates

Wednesday, 8 October 2003

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

 

Many situations can develop in the administration of the prison system. A fire or a large scale riot could cause an entire prison to be destroyed and in those circumstances the Minister could not be expected to construct another prison in 24 hours, or in 24 months. Senator Tuffy has considerable experience of the reaction of the public when one seeks to establish a penal institution in a particular locality. The Minister must have this reserved power. In the past, temporary release was granted on the basis that there was overcrowding resulting from court decisions and releases were granted in an unstructured way. That is a feature of the past, due to the provision of additional places. Although the current system does not give rise to such requirement it would be short sighted not to provide, in primary legislation governing temporary releases, for such circumstances in the future in case events were to occur, even if short term in character, which would require such a provision. Senator Walsh's point was a fair one but the Minister would maintain that he needs this power.

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