Seanad debates
Wednesday, 15 October 2003
Criminal Justice (Temporary Release of Prisoners) Bill 2001: Committee Stage.
If one accepted Senator Terry's proposed amendment relating to representations from the victim or the next of kin concerning a proposed temporary release, it would be very difficult to operate a system of temporary release as it is likely that a large proportion of the representations from victims or their relatives would set out reasons why the person should not be granted temporary release. As matters stand, of course, the Minister can receive representations of that character but to transfer them onto the statutory plane, which is what is being proposed in that amendment, would create a statutory obligation on the Minister to take these representations into account. Were the Minister not to take those representations into account on a consistent basis, he or she could be taken to task in the courts for abusing his or her powers under the system of temporary release. This would create great difficulty in the administration of the entire system of temporary release.
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