Kathryn Reilly (Sinn Fein) | Oireachtas source

I move amendment No. 42:

In page 35, between lines 35 and 36, to insert the following subsection: ?(13) Where an application is made by the person referred to in subsection (11) to the appropriate court, the appropriate court in making any determination whether to refuse the application, shall have regard to the terms and objectives of the Good Friday Agreement, namely, the reintegration of prisoners into the community in the area of employment.?.

This amendment is designed to ensure no former political prisoner released under the terms of the Good Friday Agreement's early release scheme will be prevented from earning a living as a taxi driver. As the Minister of State is aware, there has been a significant body of work since 1998 to ensure prisoners on release could be assisted by the State and their representative bodies to reintegrate into community life. Central to that was reintegration into the labour market. Barring former political prisoners from working in the taxi industry would not only undermine much of that good work but would also be contrary to the spirit and letter of the Good Friday Agreement.

The Agreement states, "The Governments continue to recognise the importance of measures to facilitate the reintegration of prisoners into the community by providing support both prior to and after release, including assistance directed towards availing of employment opportunities, re-training and/or re-skilling, and further education". This paragraph places a legally binding obligation on the Irish Government on the issue of employment opportunities. In the High Court of Justice of Northern Ireland, a successful challenge was brought by a former political prisoner on the basis that the licensing authority failed to consider the express rights of prisoners as set out in the Belfast Agreement. The judgment in that case was that the Agreement contemplates that mechanisms would be put in place for the accelerated release of prisoners, and that those prisoners who benefited from that programme would be reintegrated into the community. It appears, therefore, that particular attention should be paid to the fact that a prisoner released under the terms of the Northern Ireland (Sentences) Act 1998 has been judged not to be a danger to the public.

In Britain, following a Fair Employment Tribunal judgment in McConkey and Marks v. the Simon Community, the British Government carried out a review of whether to amend the Employment and Treatment (Northern Ireland) Order 1998. The documentation states: "...to reflect those changed circumstances [in light of the Good Friday Agreement] and not least to reflect the terms of the said Agreement with its reference to the introduction of measures to facilitate the reintegration of prisoners into the community in the area of employment". If the British Government is willing to meet its obligation under the Good Friday Agreement, it is necessary that the Irish Government do the same. If we automatically exclude former political prisoners of certain categories, as in the case in this Bill, it could controvert the Agreement.

I ask the Minister of State to accept this amendment, which seeks only to provide that the court "...shall have regard to the terms and objectives of the Good Friday Agreement...".