Seán Crowe (Dublin South West, Sinn Fein)
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Question 35: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will implement the recommendations of the Human Rights Commission to introduce legislation that transfers the function of release of prisoners serving life sentences from his office to an independent body. [6816/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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The recommendation in question of the Irish Human Rights Commission is based on the premise that our existing law on the temporary release of prisoners sentenced to life imprisonment is incompatible with the European Convention on Human Rights. There has been no specific finding of a court to this effect and my advice is that premise is questionable. The question of the compatibility of our law in this area with the European Convention on Human Rights is the subject of current litigation and the State is vigorously contesting the matter.

Previous judgements in the Irish Courts have found that the management of prison sentences is a matter for the Executive and under current legislation I, as Minister for Justice, Equality and Law Reform, am entrusted with the power to grant temporary release to a sentenced prisoner. New legislation in the form of the Criminal Justice (Temporary Release of Prisoners) Act, 2003, was commenced in late 2004. The Act provides a clearer legislative basis for the power to grant temporary release by setting down the principles which apply to the exercise of this power and provides a clear and transparent basis, as well as the necessary safeguards required, for the operation of the system of temporary release. The power of release has been retained by the Minister for Justice, Equality and Law Reform under the Act.

The Interim Parole Board, which replaced the Sentence Review Group, was established on an administrative basis in April, 2001. The Board's principal function is to advise me in relation to the administration of long term prison sentences. The Board, by way of recommendation to me, advises of the prisoner's progress to date, the degree to which the prisoner has engaged with the various therapeutic services and how best to proceed with the future administration of the sentence. I consider in full all recommendations put before me by the Interim Parole Board before making the final decision regarding sentence management.

The question of the establishment of the Parole Board on a statutory basis is being kept under review, taking into account the experience gained over a number of years by the operation of the Board on an administrative basis. There are, however, no plans to introduce legislation that transfers the function of release of prisoners serving life sentences to the Board or any other body.