Brian Lenihan Jnr (Dublin West, Fianna Fail)

What is proposed by the Minister is already comprehended in section 2(1), which provides that the Minister may direct that "such person as is specified in the direction shall be released from prison for such a temporary period and subject to such conditions as may be specified in the direction". Inherent in the practice in this area has always been the attachment of conditions for the protection of the public. No departure is envisaged in this legislation. The Minister can impose such conditions as he deems fit in relation to temporary release.

I am not quite sure what the purpose of the amendment is since it seems to be spelling out in greater specificity that power which the Minister has. It appears to seek to ensure that the Minister would not rule out temporary release, solely because of the element of risk. The reality is that temporary release by its very nature always involves some element of risk, even with conditions attached. The Minister has the responsibility to seek to minimise that risk as much as possible with the attachment of conditions that are suitable for the particular case. That is why the considerations which must be taken into account by the Minister before granting temporary release are so important. The primary concern has to be the safety of the public. That is adequately protected in the Bill before the House.