Seanad debates

Wednesday, 15 October 2003

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

 

10:30 am

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)

The granting of temporary release is not a right but a privilege for which a person serving a term of imprisonment can apply and which is granted at the discretion of the Minister. The amendment tabled by the Deputy provides that the Minister should have regard to representations made by the prisoner or on behalf of the prisoner. The former is already dealt with under the current system. The prisoner will set out the reasons temporary release is being sought and may include other information or facts which he or she considers relevant to their application.

With regard to the making of representations on behalf of a person, that could conceivably lead to circumstances where the Minister would have to consider representations made in all cases, regardless of their bona fides. That could lead to an unworkable burden being imposed on the Minister and, ultimately, would be a recipe for chaos. Therefore, I do not propose to accept the amendment.

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