Seanad debates

Wednesday, 22 October 2003

Criminal Justice (Temporary Release of Prisoners) Bill 2001: Report and Final Stages.

 

10:30 am

Photo of Jim WalshJim Walsh (Fianna Fail)

This amendment relates to offences other than the offence for which the person is in prison, which goes a step too far. I acknowledged on Committee Stage that Senator Terry's amendment had a good deal of merit. Subsection (2)(d) provides that the Minister shall, before giving a direction under this section, have regard to the potential threat to the safety and security of members of the public, including the victim of the offence to which the sentence of imprisonment being served by the person relates, should the person be released from prison. That provision is welcome and positive. I would liked greater emphasis to be placed on the victim. Perhaps the Minister of State had a difficulty in bringing forward a positive measure in this regard but I hope that he, the Minister and the other Minister of State in the Department of Justice, Equality and Law Reform will use their influence to place greater emphasis on the victim in the drafting of all legislation. That would represent a beneficial change. I will not repeat what I said on Committee Stage but placing emphasis on the victim in legislation can have a restorative or rehabilitative effect on the culprits. However, it has not been possible to do that in this instance. The reference in the Bill is welcome. I do not support the amendment which provides that people who were previously affected by a crime committed by the person involved would also be consulted. That is unnecessary and it would not add to legislation.

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