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)

I am satisfied on that. In fact, without appearing to criticise the Senator in any way, I suggest that were we to accept this amendment which spells out particular types of condition which can be imposed by the Minister, we might trammel his power and ingenuity in imposing conditions in appropriate cases. It is, for example, the view of the Department of Justice, Equality and Law Reform that in an appropriate case a prisoner could be permitted to attend a funeral in handcuffs under the Bill as it stands. Clearly that would also be comprehended by the Senator's amendment. Other forms of restraint or device can arise, however, which may not be comprehended by amendment. To leave the Minister the power simply to set the conditions allows him to respond to the different circumstances that can arise.

Amendment, by leave, withdrawn.

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