Maurice Cummins (Fine Gael)

I move amendment No. 16:

In page 13, to delete lines 18 to 20 and substitute the following:

"(e) forfeiture of such sum of money—

(i) in part, or

(ii) in total,

as may be specified by the governor, provided such forfeited sum does not exceed an amount of money that has been credited or is to be credited to the prisoner for work defined by section 5(2) of the National Minimum Wage Act 2000 (as amended by section 36 of this Act) from public funds;".

I have changed this amendment slightly from Committee Stage in order that the Minister might be better minded to accept it. Specifically, I have added the phrase "from public funds", at the end of the paragraph in response to the Minister's remarks on Committee Stage.

Amendment No. 18 clarifies that a governor may not confiscate money under section 13(1)(g). I am interested to hear the Minister's comments on amendment No. 17.

Further to the discussion on the issues raised regarding amendments Nos. 21 to 23, inclusive, on Committee Stage, I have reconstituted them in order that they clarify the procedure for the prisoner to lodge an appeal. Notwithstanding the Minister's defence of the section on Committee Stage, it is not properly drafted. I have taken into account his point about such matters necessarily being directed through the governor of a prison and the amendments reflect this. They place a clear legal duty on the governor.

These amendments also redefine who shall be allowed to be a member of the appeals tribunal. On Committee Stage, the Minister expressed concern that a person on a tribunal might not have the requisite knowledge of procedures and doctrines. However, to reject this amendment is to deny a significant corpus of knowledge and experience to the appeals process. Consequently, I have updated the amendment to allow the Minister to prescribe the necessary legal training for that person. I strongly believe, especially regarding amendment No. 23, that it should not be confined to the legal profession. Has the Minister decided how many people should be involved in an appeals tribunal? Will it be one, three or five? The number should be spelled out.