Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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476. To ask the Tánaiste and Minister for Justice and Equality the procedure in relation to early release (community return scheme) of a prisoner and if she has a role in deciding, signing off on all such releases under such a scheme; at what level in the Prison Service can such a Ministerial approval be overturned or not complied with; if she is aware of any such situations; and if she will make a statement on the matter. [30955/23]

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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477. To ask the Tánaiste and Minister for Justice and Equality if she aware of the case of a person (details supplied) serving a sentence in relation to the of possession of drugs in Shelton Abbey open prison, County Wicklow, due to be released following your approval on 12 June 2023 under the community return scheme to take up a voluntary position working with the SOLAS project in the Liberties two days later, only to have his release order rescinded on afternoon of due release for no explained reason; and if she will make a statement on the matter. [30956/23]

Helen McEntee (Meath East, Fine Gael)
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I propose to take Questions Nos. 476, 477 and 484 together.

As the Deputy will appreciate, I cannot comment on individual cases, however I can advise the Deputy that the Community Return Scheme is an incentivised early release scheme co-managed by the Irish Prison Service and the Probation Service whereby prisoners can be approved for reviewable temporary release coupled with a requirement to complete community service work in a supervised group setting under the supervision of the Probation Service.

Decisions regarding temporary release to take part in the Community Return Scheme are delegated to a designated senior officials employed in Irish Prison Service Headquarters.

The legislative basis for temporary release is set out in the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003. All applications for temporary release are assessed on a case-by-case basis. It is important to note that the safety of the public is paramount when decisions on temporary release are being made.

Before a final determination is made a number of factors are taken into account including -

• the nature and gravity of the offence to which the sentence relates
• the sentence concerned and any recommendation made by the Court in relation to the sentence imposed
• the person's previous criminal record
• the potential threat to the safety and security of the public should the person be released
• the risk that the person might commit an offence during any period of temporary release
• the risk of the person failing to comply with any of the conditions of temporary release