Seanad debates

Wednesday, 15 October 2003

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

 

I am aware that the Inspector of Prisons, in his first annual report, made a recommendation for change in this area. He was concerned about the issue of granting temporary releases for remand prisoners in special circumstances. The Senator outlined the circumstance of a sickness. Another circumstance could be a humanitarian one such as the funeral of a close relative. The court can grant temporary release but, because the trial has not yet taken place, there are difficult constitutional questions about whether we can empower the Minister for Justice, Equality and Law Reform to make a decision like that where the order remanding the person in custody pending trial has been made by the courts. The judicial process has been put in motion and as an aspect of that judicial process the particular prisoner has been committed to a trial court. I am not satisfied we have the power to do this even if we were minded to do it. Apart from that, as a matter of general principle it is undesirable because the person has been remanded on a serious charge by the courts. Plainly the court will in most cases have been invited to consider the option of bail and will be the body best equipped to make a determination on the issue of whether a person should be temporarily released.

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