Committee Reports > List of Committees > Joint > 1986 > Committee on Legislation > Report - Statutory Instruments [18]

APPENDIX I

An Runai,

An Roinn Dli agus Cirt.

I am directed by Mr. Mervyn Taylor, T.D., Chairman of the Joint Committee, to refer to the Temporary Release of Offenders (Fort Mitchel) Rules (S.I. No. 103 of 1985).

The Joint Committee has two aspects of these Rules under consideration, namely,

(1)In view of the fact that section 2 of the Criminal Justice Act, 1960, as amended by section 4 of the Prison Act, 1970, provides that temporary releases from places provided by the Minister under section 2 of the latter Act shall be subject to Rules made by the Minister which are subject to annulment by either House of the Oireachtas is it reasonable that the Minister should assume power in the Rules to regulate such releases by directions given at his discretion which are not subject to parliamentary control?

(2)In as much as the statutory provisions envisage regulation of temporary releases by Rules is it reasonable for the Minister to assume power in the Rules to impose conditions which are not subject to the guidance and control of any specific provision in the Rules?

I am to request the favour of the observations of your Department on the foregoing points.

T. DWAN.

Cleireach an Chomhchoiste.

6 Meitheamh, 1985.

Cleireach an Chomhchoiste,

faoi Reachtaiocht,

Teach Laighean,

Baile Atha Cliath 2.

Temporary Release of Offenders (Fort Mitchel) Rules, 1985, (S.I. No. 103 of 1985)

I am directed by the Minister for Justice to refer to your letter of 6 Meitheamh, 1985 concerning the above Rules.

It would not be feasible to specify in the Statutory Rules the precise detailed directions that would be appropriate in any particular case as it would not be possible to anticipate all the surrounding circumstances. Indeed the circumstances may change in respect of a particular offender even while he is serving his sentence. These Rules, of course, are framed in similar terms to the corresponding rules for other open places of detention.

The Rules as they stand provide the flexibility that is necessary if temporary release is to be operated to the best effect. It is frequently necessary to release a prisoner as a matter of urgency, e.g. for the purpose of obtaining special medical attention, for the purpose of visiting a dying relative or attending the funeral of a member of his family. It will be appreciated that it would not be possible to deal expeditiously with situations of this kind if the Minister were obliged to seek the approval of the Houses of the Oireachtas with regard to all the conditions to be imposed in each case. It is the flexibility which the Rules currently allow that distinguish our system of “temporary release” from the more cumbersome Parole Board systems which operate in other jurisdictions.

T.C. Stokes,

13 Lunasa, 1985.