Lorraine Clifford Lee (Fianna Fail) | Oireachtas source

We will take five and three minutes, respectively. I thank the Minister of State for the comprehensive overview of the Bill. I wish to acknowledge the work done by my colleague, Deputy Jim O'Callaghan, in getting the Bill to this House. It is an important milestone for the criminal justice system in Ireland to have it here. I hope the Bill will pass through the Houses and be enacted.

The Bill confers responsibility for granting parole onto an independent statutory body. Currently, the de factoparole system operates entirely at the discretion of the Minister for Justice and Equality, with a non-statutory parole board advising him. This is completely unsatisfactory and not fit for purpose in a modern criminal justice system. Any body that performs a function that is important in deciding whether to release convicted murderers and rapists should be clearly defined in legislation and its functions organised in statute. The current situation is incoherent in having a member of Cabinet and the Oireachtas making decisions in respect of matters initially decided upon by the Judiciary. It offends the principle of the separation of powers, which should keep politicians away from those functions of the court. The ad hocbasis upon which parole is currently granted in Ireland and the ultimate control of this system by a politician are outdated. It is important that these two functions are separated.

I am happy that the Bill is before the Houses and that the Government is supporting it. The Bill gives significant rights and support to victims of crime. This is an important aspect for many Senators because it creates an obligation on the board to provide information that is readily accessible to victims, as well as the general public and offenders, about matters relating to release from detention on parole, policies and the operation of the board in general. This is important for transparency and public faith in the criminal justice system.

The board will be obliged to take into consideration all relevant available information from the trial or sentencing process and information obtained from victims. There is also an obligation to take due consideration of the position of any victims affected by a decision and any impact statement victims might make or submissions that might be made by them or on their behalf. Again, this is significant because currently the parole system we have does not necessarily take this into account. It is important that we put victims of crime and their families at the front and centre of the process.

There has been a long-standing commitment to place the Parole Board on a statutory footing. A commitment was first affirmed by the then Minister of Justice and Equality, Alan Shatter, in 2011. This was repeated by him in 2013 at the inaugural Parole Board conference. Placing the board on a statutory footing will create greater transparency and clarity, features always welcome in the criminal justice system. The Parole Board will make the final decision regarding parole rather than simply recommending that decision. The Minister then will have the final say on whether it is made. That is really important.

The make-up of the Parole Board, between the members and the staff, should be reconsidered. They cannot be merely political appointees with political connections. I say that with due respect to the current members. They work hard but what we are about is instilling public satisfaction and confidence in the Parole Board. That is something I hope the Minister of State will take into consideration. It is important that the Bill gets the full support of the House.