Dermot Ahern (Louth, Fianna Fail)

There is not a huge amount at issue between us but the advice I have been given is that this order is essentially one of crime prevention and that it is properly imposed at sentence. The order will arise because a person has been convicted and given a custodial sentence for a very serious criminal offence. Given that the order takes effect immediately on release from prison it is an extension of the sentence which must be set down in court at the time of sentencing with precision and certainty.

Essentially, the introduction of post release orders in section 14 is another form of crime prevention and therefore accepting the amendment would create an inconsistency as the crime prevention orders contained under section 26 of the 2007 Act are similarly imposed at sentencing. I hear what Senator Bacik said but it is really a matter of semantics. It is important that they are regarded as a criminal sanction following on from the sentencing.