Catherine Murphy (Kildare North, Independent)
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Question 203: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if the cutting short of a prisoner's sentence on grounds of good behaviour can be justified in the case of a convicted sex offender who has failed, during their prison term, to engage in counselling aimed at addressing the behaviour which led to their conviction; and if he will make a statement on the matter. [8776/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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The granting of remission to sentenced prisoners is a feature of prison systems internationally and a remission system has been in operation in this country, under statute, for more than fifty years. The current provision relating to remission is Rule 38 (1) of the Rules for the Government of Prisons, 1947, which states that:—

A convicted prisoner sentenced to imprisonment, whether by one sentence or cumulative sentences, for a period exceeding one calendar month, shall be eligible, by industry and good conduct, to earn a remission of a portion of his imprisonment, not exceeding one-fourth of the whole sentence, provided that the remission so granted does not result in the prisoner being discharged before he has served one month.

Under the statutory Rules, forfeiture of remission may only be imposed by the Prison Governor for a breach of prison discipline. The punishment allowed for any such one breach, in terms of forfeiture of remission, may not exceed fourteen days. The Rules do not provide for differing applications of remission based solely on the nature of the offending behaviour which led to conviction and imprisonment.