Dáil Éireann Debate, Tuesday - 18 November 2025
743. Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration the criteria and risk assessment processes used by the Irish Prison Service when granting temporary release to prisoners convicted of violent offences, including offences involving assault, weapons, and robbery; and if she is satisfied that current procedures adequately protect public safety. [63009/25]
Amharc ar fhreagraI can advise the Deputy that the legislative basis for temporary release is fully set out in the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003. In addition, relevant statutory restrictions on the granting of temporary release for minimum mandatory sentences for certain drugs, firearms and second or subsequent serious offences also need to be considered. This includes the Misuse of Drugs Act 1977 as amended, the Firearms Acts 1925-2006 and section 25 of the Criminal Justice Act 2007.
All applications for temporary release are assessed on a case-by-case basis, having regard to all relevant available information.
I can assure the deputy that the safety of the public is paramount when those decisions are 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 being served by the person 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
• any report or recommendation made by the Governor, the Garda Síochána or the Probation Service.
All temporary releases are subject to conditions. Any person who breaches his or her conditions may be arrested and returned to prison immediately by the Gardaí or may be refused another period of temporary release. At present, applications for temporary release in respect of some categories of prisoners may be approved by the Irish Prison Service, while other categories must be submitted by the Irish Prison Service for Ministerial consideration.
In a number of cases the period of temporary release can be quite close to the release date and approved primarily to facilitate access to housing and welfare services to aid stability and positive reintegration. The base conditions for Temporary Release are set out in Statutory Instrument No 680/2004.
I am very conscious of the harmful, potentially devastating, consequences of crime on victims and I acknowledge that the impact of crime on victims varies in nature and force. While it is appropriate that the sensitivities and concerns of victims of crime should be carefully considered, other factors, such as the rehabilitation of offenders and their reintegration back into the community, must also be considered and a balance struck.
The Deputy will wish to be aware that the Irish Prison Service provide a Victim Liaison Service to keep victims of crime informed of significant developments in the sentence management of an offender’s sentence, and may include the following: inter-prison transfers; Parole Board hearings and decisions arising out of this process; temporary releases and expected release dates. The Victim Liaison Service is a voluntary service and victims may register with the Service if they wish. Where victims make their views known to the Irish Prison Service, they are always taken into account when making sentence management decisions, such as granting temporary release.
