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Prison Service

Dáil Éireann Debate, Tuesday - 28 May 2024

Tuesday, 28 May 2024

Ceisteanna (350)

Paul Murphy

Ceist:

350. Deputy Paul Murphy asked the Minister for Justice if she is aware that the director general of the Irish Prison Service, who administers the remission regime on behalf of the Minister, informed the then-Minister in May 2023 that those convicted of 'domestic, sexual or gender-based offences' would not receive remission; if she is in agreement with this; if this is contrary to legislation currently in force before the introduction of the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 and is contributing to overcrowding; and the action she intends to take to rectify this illegality [24080/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, those sentenced to a definite term of imprisonment generally qualify for one quarter remission, including those convicted of domestic, sexual or gender-based violence offences, on the basis of the criteria set out in Rule 59 of the Prison Rules 2007 and S.I. 385 of 2014.   

In the current system, in certain cases of particularly good behaviour, prisoners may apply for enhanced remission, the current rate of which is up to 33% of a determinate sentence. There is no automatic entitlement to enhanced remission and the principles governing the awarding of it are also contained in the Prison Rules, as set out in the relevant Statutory Instruments.

In order for a prisoner to be granted enhanced remission, the Irish Prison Service must be satisfied that where a prisoner has shown further good conduct by engaging in authorised structured activity as a result, I am satisfied the prisoner is less likely to re-offend and will be better able to reintegrate into the community. All applications are assessed having regard to a range of criteria set out in the legislation.

Where a prisoner is found to have committed a breach of prison discipline, such as assaults, intentionally or recklessly damaging property, the detention of any person against their will, escape or absconding, a loss of remission (up to 14 days) can be imposed by the Governor.  

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