Finian McGrath (Dublin North Central, Independent)
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Question 399: To ask the Minister for Justice and Equality if he has considered the report into determination of life sentences by the Irish Human Rights Commission in which they suggest that it is necessary to place the parole board on a statutory footing and assigning to it the function of determining applications for temporary release in order to comply with Ireland's international obligations; if he has any such proposals; and if he will make a statement on the matter. [26107/11]

Alan Shatter (Dublin South, Fine Gael)
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I recently announced my intention to enact legislation to place the interim Parole Board on a statutory footing. I believe this will help to strengthen and improve its functions and, while it may not be possible to introduce the relevant legislation this year, it is my hope to do so next year. In that context I will be considering exactly what role it will play and what powers it should have.

As regards the Irish Human Rights Commission report, I can advise the Deputy that it was previously considered by my Department. The recommendation referred to is however 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 finding of a court to this effect. I have no reason to believe that our existing law is incompatible with the European Convention on Human Rights or the jurisprudence of the European Court of Human Rights.deed, 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 and Equality, am entrusted with the power to grant temporary release to a sentenced prisoner. The Criminal Justice (Temporary Release of Prisoners) Act, 2003 provides a clear 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 is retained by me 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 on 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 when making the final decision on sentence management.