Joanna Tuffy (Labour)

I move amendment No. 18:

In page 5, to delete all words from and including "or" in line 39 down to and including "subject" in line 41.

The Labour Party tabled this amendment because the way the section is worded at present would permit discrimination between classes of prisoners and that is undesirable. I raised that issue during the debate on Second Stage. The legislation is in part a response to the High Court case where this type of approach was struck down. It should not now be reintroduced through legislation. Many things have to be taken into account in terms of providing temporary release but it is wrong to make that decision on the basis of the class of crime committed. That type of approach could be subject to political pressure, or the media response to a particular crime or criminal, and that is not the right consideration.

All the other elements are right, the safety of the victim, the impact on society, the benefit to the prisoner, and most importantly, the long-term impact on society, but the type of crime or the class of prisoner are not the right considerations. They do not necessarily relate to society. It is an emotive matter by which we could all be affected but that should not be a matter for the Minister's consideration. The way the legislation is worded would allow for it to be considered and that should not be included. That is the purpose of our amendment.