Dáil Éireann Debate, Tuesday - 23 June 2026
504. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the number of orders granted under Rule 59 of the Prison Rules in 2024 and 2025; whether a circular or other guidance document exists regarding the procedure for the enhanced remission process under Rule 59, by year, in tabular form; and if he will make a statement on the matter. [46948/26]
Amharc ar fhreagra505. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the policy in place to ensure fair procedures and consistency across the prison estate for the decision-making process under Rule 59 of the Prison Rules; and if he will make a statement on the matter. [46949/26]
Amharc ar fhreagra506. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the information provided to the applicant where he makes a negative decision under Rule 59 of the Prison Rules, having considered the matters contained in subparagraph (f); and if he will make a statement on the matter. [46950/26]
Amharc ar fhreagra507. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the appeals mechanism that exists following a decision made under Rule 59 of the Prison Rules; and if he will make a statement on the matter. [46951/26]
Amharc ar fhreagraI propose to take Questions Nos. 504, 505, 506 and 507 together.
Rule 59 of Statutory Instrument No 252 of 2007 (the Prison Rules), as amended by Statutory Instrument No 385 of 2014, govern the awarding of remission. In summary, prisoners sentenced to a term of imprisonment, with the exception of prisoners without a determined sentence, for example life sentence prisoners, qualify for one quarter remission on the basis of good behaviour.
In addition, prisoners who have engaged in authorised structured activity may apply to receive enhanced remission of greater than one quarter but not exceeding one third of their sentence, as may be determined by the Minister. In order to grant a prisoner enhanced remission, the Minister must be satisfied that the prisoner is less likely to re-offend and is better able to re-integrate into the community.
Information in relation to enhanced remission is contained in the Prisoner Information Booklet, which is provided to every prisoner on committal. Prisoners are also advised to contact their Class Officer for further information, if required.
A prisoner can apply to the Minister by completing an enhanced remission application form, which is available in all prisons. An acknowledgement letter is then sent to the prisoner informing them of receipt of their application and an approximate date on which a decision will be made on the enhanced remission application. Once a decision is made, a letter is sent to the prisoner informing them of the decision and the reasons for that decision.
When considering applications for enhanced remission, the Minister shall have regard to:
• the manner and extent to which the prisoner has engaged constructively in authorised structured activity;
• the manner and extent to which the prisoner has taken steps to address his or her offending behaviour;
• the nature and gravity of the offence to which the sentence of imprisonment being served by the prisoner relates;
• the sentence of imprisonment concerned and any recommendations of the court that imposed the sentence;
• the period of the sentence served by the prisoner;
• the potential threat to the safety and security of members of the public (including the victim of the offence to which the sentence of imprisonment being served by the prisoner relates);
• any offence of which the prisoner was convicted before being convicted of the offence to which the sentence of imprisonment being served by him or her relates;
• the conduct of the prisoner while in custody or during a period of temporary release;
• any report or recommendation made by the Governor, the Garda Síochána, Probation Officer or any other person whom the Minister considers would be of assistance in enabling him or her to make a decision on such an application.
There is no appeal mechanism following a decision made by the Minister under Rule 59 of the Prison Rules, however, a prisoner can reapply for enhanced remission by submitting a new application.
The information requested by the Deputy is outlined in the table below:
|
|
|
|
|
Enhanced Remission Applications |
|
Year |
Applications Received |
Decisions Made |
Applications Approved |
|
|
2024 |
400* |
278 |
87 |
|
|
2025 |
351** |
265 |
105 |
|
*No decision made/required on 122 applications as prisoners no longer in custody / submitted application early.
** No decision made/required on 86 applications as prisoners no longer in custody / submitted application early.
