Seanad debates

Wednesday, 15 October 2003

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

 

If I accept Senator Terry's amendment, that will become "one of the matters referred to in subsection (2)". The substance of her amendment would then be translated into section 2. It would then be a matter in which the Minister could not give a direction "if he is of the opinion that, for reasons connected with any one or more of the matters referred to in subsection (2), it would not be appropriate to so do". Then we would have the vista of the courts intervening and suggesting at the behest of a victim that the Minister should not have formed a particular opinion in relation to a temporary release. That would be an undesirable state of affairs. The Oireachtas, for better or worse, has to entrust this power to a person who is at least accountable to the Oireachtas. That is what we are legislating for here.

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