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Dáil Éireann Debate, Tuesday - 28 May 2024

Tuesday, 28 May 2024

Questions (347, 352)

Paul Murphy

Question:

347. Deputy Paul Murphy asked the Minister for Justice in light of the then acting Minister for Justice’s direction to the Department of Justice in May 2023 to fast track the 39-year old recommendation of the 1/3rd Remission Regulation, and the current Minister's rescinding of such direction two weeks later, if she will now enact the regulation and reduce the 'record high-risk overcrowding', and avoid what her Department refers to 'a warning of violence in packed jails'. [24077/24]

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Paul Murphy

Question:

352. Deputy Paul Murphy asked the Minister for Justice if she intends to implement the 1/3rd Remission Regulation first recommended by the Whitaker Report in 1985, and again by the Oireachtas Committee on Justice, Defence and Equality Report on Penal Reform 2013 and Strategic Review Group Final Report 2014, and which the present Taoiseach directed her Department to fast track in May 2023, when the prison population was 4,567 and is now 4,922, and which she subsequently rescinded in June 2023 to help ease overcrowding. [24082/24]

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Written answers

I propose to take Questions Nos. 347 and 352 together.

The Deputy is misrepresenting the situation. In April of last year, the carrying out of a review of remission and temporary release was expedited. This review had been committed to in the review of Policy Options for Prison and Penal Reform 2022-2024, which I had published in August 2022.

As the Deputy is no doubt aware, people sentenced to imprisonment generally qualify for one quarter remission on the basis of good behaviour. In the current system, in certain cases of particularly good behaviour, prisoners may apply to the Minister for Justice for enhanced remission, which is up to 33% of a determinate sentence. Where a prisoner is found to have committed a breach of prison discipline, such as assaults; intentional or reckless damage to property; the detention of any person against their will; escape or absconding, a loss of remission (up to 14 days) may be imposed by the Governor.

As committed to, a review was completed and approved in December 2023. This review concluded that current rates of remission should be retained. This reflects the uniqueness of Ireland’s unconditional early release policy when compared to other jurisdictions, and in particular the judiciary’s awareness of this system during the sentencing process. It also provides a solid foundation for the development of regulations on the eligibility for parole under section 24 of the Parole Act 2019.

I can advise the Deputy that work on the development of parole regulations commenced late last year and is currently ongoing.

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