Tony Gregory (Dublin Central, Independent)
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Question 523: To ask the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 167 of 30 April 2008, the reason for rejecting the applications under the Good Friday Agreement in each case; if, in each case, it was the advice of the Commission to him to reject these applications; and the relevant provision of the Good Friday Agreement which the prisoners failed to satisfy in each case. [17682/08]

Dermot Ahern (Louth, Fianna Fail)
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The procedures for the early release of certain prisoners are set out in the Criminal Justice (Release of Prisoners) Act 1998. Under Section 3(2) of the Act, the Minister for Justice, Equality and Law Reform can specify a prisoner as a qualifying prisoner and request the Release of Prisoners Commission to give advice as to their release.

The Minister did not specify the prisoners in question as qualifying and therefore did not request the advice of the Commission in relation to their release.

The Courts have indicated that the Minister has considerable executive discretion in deciding whether a person is a qualifying prisoner and that the Criminal Justice (Release of Prisoners) Act, 1998 does not limit the Minister's powers in relation to release.