Written answers

Tuesday, 31 May 2016

Department of Justice and Equality

Prisoner Releases

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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160. To ask the Minister for Justice and Equality her plans to remove exclusions from temporary release for all categories of prisoner. [12677/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The legislative basis for making decisions on temporary release is set out in the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003.

In September 2014 I published the report of the Penal Policy Review Group which was tasked with carrying out a strategic review of penal policy. The terms of reference for the Group included an examination and analysis of the role of penal policy in crime prevention; sentencing policies; alternatives to custody; custodial accommodation and regimes; reintegration and rehabilitation; and any special issues relating to female offenders.

The Review Group considered those offences for which temporary release is prohibited other than for “a grave reason of humanitarian nature”. These concern persons sentenced to the presumptive minimum or mandatory sentence for certain drugs and firearms offences and those convicted of capital murder Section 5, Criminal Justice Act 1990. Given the seriousness with which society rightly regards crimes of capital murder, the Review Group did not recommend any change in the prohibition of temporary release to this latter category of offender. It did recommend the removal of the prohibition on temporary release for those in the former category i.e. offenders who receive the presumptive mandatory sentence for a drugs or firearms offence should be removed.

This matter is being kept under review.

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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161. To ask the Minister for Justice and Equality her plans to impose a statutory obligation on relevant State agencies to co-operate around prisoner release. [12678/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I can advise the Deputy that the Irish Prison Service and the Probation Service have a multi agency approach to offender management and rehabilitation in order to reduce re-offending and improve prisoner outcomes.

A new pre-release planning policy for the Irish Prison Service is at an advanced stage and will represent considerable improvements to current pre-release planning and practices in Irish prisons. This policy will ensure critical areas are highlighted in prisoner throughcare under six key pillars: Housing/Accommodation Needs, Financial Supports, Healthcare, Public Safety and Statutory Requirements, Families and Personal Relationships, Education, Training and Employment.

Furthermore, the Irish Prison Service and the Probation Service have published a number of Joint Strategies. These strategies set out how the two Services will work together with other statutory, community and voluntary sector partners to provide a multi-agency approach to offender management and rehabilitation. While the Prison Service and the Probation Service are two separate entities, the work they do is closely linked and has the same ultimate goal - to reduce re-offending leading to safer communities. Co-operation and working together is integral to achieving this common goal.

In addition, I published the Report of the Penal Policy Review Group in September 2014 and subsequently established a Group to oversee the implementation of the recommendations of the Review Group. The Group is chaired by Dr. Mary Rogan, Associate Professor, School of Law,Trinity College who was a member of the Review Group.

The Review Group recommends that there must be greater emphasis, if necessary through legislation, on promoting inter-agency cooperation in the management and rehabilitation of offenders. Indeed inter-agency and inter-Departmental working is a key theme emerging from the work of the Implementation Oversight Group. Clearly, the input of other Departments and agencies will be critical to the implementation of the Review Group recommendations. In that context the Implementation Oversight Group organised a Workshop on 8 February 2016 of the key actors in order to discuss the recommendations of the Review Group and advance their implementation. The theme of the workshop was interagency co-operation.

I expect to receive a report from the Implementation Oversight Group shortly setting out the state of implementation. It is also my intention to publish this report.

In summary a high degree of co-ordination already exists amongst the relevant State agencies around prisoner release.

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