Lynn Ruane (Independent) | Oireachtas source

I am delighted to second Senator Clonan's amendment to the Order of Business.

Briefly, before I propose my own amendment to the Order of Business, it is important to put on the record the importance of low-threshold accommodation when it comes to addiction. It is an extremely important entry point. Other references to addiction treatment are people looking for support for addiction, whereas when someone ends up in a wet house, he or she is there because it is a hostel and he or she is seeking housing. It is very important we support low-threshold accommodation for people who may need housing and who also may be street drinkers and need good access to a roof over their heads.

I propose an amendment to the Order of Business, that No. 16, the Parole (Special Advocates) Bill 2024, be taken before No. 1. The Bill contains a number of amendments to the Parole Act 2019, which provided for the establishment of the Parole Board and set out the procedures to be follow by the Parole Board and by parole applicants during the parole process. Under the 2019 Act, where the Parole Board deems it necessary, information gathered by the board in the parole process can be withheld from an applicant and their legal representation under special circumstances, which is a real block to the natural course of justice.

The special advocates Bill seeks to amend the 2019 Act to provide that, in circumstances where information is withheld from an applicant during the parole process, the applicant would be appointed a special advocate to represent their interests in the parole process. The Bill takes inspiration from an equivalent legislative provision in Northern Ireland which sees special advocates being appointed in certain cases by the Advocate General to appear before the parole commissioners. The Bill recognises there may be circumstances where information gathered by the Parole Board in reaching a determination ought not to be disclosed to an applicant or his or her legal representation. The amendments contained within the Bill reflect my belief that relevant applicants ought to be appointed an advocate to represent their interests when this occurs.

With regard to the appointment of a special advocate, the Bill sets out the circumstances where this ought to occur and the roles and responsibilities of an advocate, once appointed, in his or her representation of an applicant. The Bill additionally provides a definition of what constitutes exceptional circumstances. The Act does not clarify currently what special circumstances are, so it can be applied carte blanche without ever explaining what type of information or supposed evidence is being reported to the parole office and without the person ever having to appear before the court or ever having to be questioned by An Garda Síochána about the supposed evidence it has. This Bill seeks to rectify that to give fairer access to justice. The Bill provides that exceptional circumstances exist in the parole process where information shared is likely to pose a threat to the security of the State, is harmful to the public interest, is likely to facilitate criminal activities or pose a hindrance to law enforcement.

I formally propose the amendment.