New legislation setting out the circumstances for the temporary release of prisoners, tightening existing regulations, was published by the Minister for Justice, Mr O'Donoghue, yesterday.
The temporary release last year of the four men convicted of the killing in 1996 of Det Garda Jerry McCabe caused controversy when it was discovered that one of them, granted leave to visit his sick mother, spent the night in a hotel with a woman. Another prisoner was found in a pub in Lifford, Co Donegal, when it was raided by local gardai.
According to a statement from Mr O'Donoghue yesterday, the Bill is in keeping with the Supreme Court view in a recent case that a clearer and more transparent basis for the system of temporary release was desirable.
The Criminal Justice (Temporary Release of Prisoners) Bill provides for the purposes for which temporary release may be granted by the Minister, including rehabilitative purposes such as preparing a prisoner for release and also to enable a prisoner to assist in an investigation, apprehension or prosecution of an offender. The Minister can also release prisoners on health or humanitarian grounds or to ensure good order and management of prisons.
It also sets out the considerations the Minister must take into account in deciding whether to grant temporary release. These include the nature and gravity of the offence, the sentence and the period served, the safety and security of the community, and the criminal record.
The conduct of the prisoner, the risk of reoffending and the risk of failing to meet the conditions of temporary release or failing to return to prison are also taken into consideration. The Minister must also take into account reports or recommendations from the prison governor, the Garda and the probation and welfare service.