Brian Lenihan Jnr (Dublin West, Fianna Fail)

Having disagreed with Senator Terry about the position of the victim I now have to disagree with Senator Tuffy about the position of the prisoner. The Bill deals with what is viewed by us in the Oireachtas as a privilege, not a right. It is not a right to apply for temporary release. We would send out the wrong signal if we were to so legislate. If Senator Tuffy's amendment was accepted, it would follow that a person had a right to apply. Those in public life know how conscious our citizens are of rights. This is a person who is undergoing a sentence of imprisonment for commission of an offence which is serious enough to warrant a term of imprisonment. In those circumstances, I do not accept the Bill should include any implication of a right to seek temporary release. Although temporary release may have many of the benefits outlined by Senator Tuffy we should not legislate for a right to apply for it. In those circumstances, I am not prepared to accept the amendment.

Amendment, by leave, withdrawn.

Amendment No. 13 not moved.