Tony Gregory (Dublin Central, Independent)
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Question 263: To ask the Minister for Justice, Equality and Law Reform, further to Parliamentary Questions Nos. 230, 231 and 232 of 14 May 2008, if he will set out, specify and clarify the precise reasons and circumstances in which the decisions were made not to submit the applications of each of the prisoners concerned to the independent commission set up for this purpose under the Good Friday Agreement. [20026/08]

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 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. 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.

I do not intend to make public the reasons underlying the decisions taken in this regard. However, I can confirm to the Deputy that in relation to the four prisoners referred to in Question No. 232, the reasons were communicated to these individuals following their applications.