Brian Lenihan Jnr (Dublin West, Fianna Fail)

In a sense, the Senator has correctly hinted at the legislative scheme of the Bill because if one looks at subsection (1), it clearly empowers the Minister, who "may direct" temporary release. As the Senator outlined, it then outlines the positive reasons that temporary release might be granted. An example would be reintegration upon release or temporary circumstances relating to health or other humanitarian grounds. Section 1(2)(1)(c)(i) and (ii) refer to the good government of the prison and the good order and humane management of the prison. There is also a reference in section 1(2)(1)(c) to rehabilitation. When the Minister exercises his or her power under that particular subsection, the Minister does so in the context of one of those four positive reasons for temporary release.

The considerations in subsection (2) are, as the Senator appropriately described it, "neutral or negative" checks. These checks lead to subsection (3), which is the checkmate, where the Minister "shall not give a direction under this section in respect of a person" in relation to matters in section 1(2). To put the Senator's amendment into the second subsection would say that the Minister "shall not" release a prisoner because of humanitarian considerations. That would introduce into the legislation a fundamental contradiction.

Amendment, by leave, withdrawn.