Sign in. It’s quick, free and it’s up to you.
An account is an optional way to support the work we do. Find out more.
HERE IS A bald fact: all prisoners in Ireland, with very rare exceptions, will be released at some time in the future. While the length of a sentence will be set by a judge, the equally important question of if and when a prisoner will be released early is still usually decided by the Minister for Justice.
While sentencing is hardly uncontroversial (see recent stories), there are checks and balances through the appeal system to protect the defendant and the public where necessary. Early release, whether through remission, temporary release or parole is far less transparent or structured.
In our view, there are two main problems with the current system. First, the lack of an open and transparent system of early release means that prisoners don’t know what they must do to qualify for release. This means that instead of prisoners working constructively towards targets of rehabilitation, often there are no clear incentives for them to engage with services while in prison. The second problem is that in order to address chronic overcrowding within the system, the Prison Service is forced to use temporary release in an ad hoc and reactive way, for which it is unsuited.
In bringing forward proposals for reform of the law around the early release, we believe that more structured and open decision-making on the release of prisoners, based on incentivising rehabilitation and measuring risk of reoffending, can help reduce overcrowding while also enhancing public protection.
The most important element of our proposed new system will be removing the role of the Minister for Justice from decisions about when life-sentence or long-term prisoners (we are recommending all sentences over five years should transfer to the Parole Board) should be released. There should no political element in the release process, perceived or real. Decisions should be taken by an independent and expert Parole Board. Proper due process rights should apply, including a right to a lawyer in parole hearings.
In relation to Temporary Release, which is release on license (ie the prisoner can be returned to prison for breaching conditions), we are recommending that there should be two separate forms: (i) short term temporary release for compassionate grounds or day release to attend work; and (ii) earned early release, whereby medium-length prisoners can work towards their release by addressing the factors behind their offending.
One example of earned early release is the ‘Community Return Scheme‘ piloted in 2011, through which certain prisoners who are assessed as posing no threat to public safety can exchange a portion of their custodial sentence for a Community Service Order. We welcome this as a pragmatic response to prison-crowding, one which reduces costs to the taxpayer who further benefits from the work being done in the community.
We believe that it should not be necessary to use temporary release as a safety valve for overcrowded prisons. Soaring rates of prisoners out on temporary release is unsatisfactory for prisoners and the general public alike: it weakens the integrity of justice in the eyes of the public, and prisoners are often given little notice of their release, with little chance to set up key things like accommodation and continuation of any treatment begun while in prison.
Remission, whereby prisoners receive a 25 per cent reduction in their sentence for good behaviour, is a controversial part of the current system. While there is much criticism of the automatic entitlement to reduced sentence in this area, remission is a common feature of most prison systems. In fact, Irish remission rates are lower than in most comparable jurisdictions. We are recommending that remission should be increased to 50 per cent for less serious offenders and 33 per cent for more serious offenders. This would be a pragmatic step to relieve overcrowding and could immediately go a long way towards bringing the prison population (currently over 4,200) to within its official capacity of 3,700.
Finally, as a response to the ongoing overcrowding crisis in Irish prisons, the Minister for Justice should consider making use of the right of pardon and the power to commute or remit punishment to bring the prison population within the safe custody limits recommended by the Inspector of Prisons.
One practical proposal, given the impact of recession and austerity measures in Ireland alongside the ongoing delays in fully implementing the Fines Act 2010, is that fines (in whole or part) could be remitted and/or an amnesty introduced. Removing the thousands of fine defaulters who enter prison every year from the system, would reduce pressure on strained resources, and allow proper investment in services and regimes within prison – this, in turn, will better support the safe reintegration of prisoners back into society on their release. It is in everybody’s interest that this works.
Put simply, IPRT believes that the early release system in Ireland should be coherent, transparent and fair. We believe that the establishment of a statutory parole system, along with reform of the existing systems of remission and temporary release, will help to support a proper balance between the protection of the public and the rights of sentenced people to a fair and balanced system of early release.
Liam Herrick, Executive Director, Irish Penal Reform Trust. IPRT launched its Position Paper 9: Reform of Remission, Temporary Release, and Parole yesterday as part of a Prison Law Seminar. For more details, see iprt.ie
To embed this post, copy the code below on your site
I have four kids who live and one little girl who didn’t make it. It was the worst experience in my life and would break a relationship. I took a white coffin out the back door of holles street and as much as they were sympathetic it felt like nothing. We travelled with my little girl to glasnevin and I handed her into an open grave, it sticks to me this day. I have never really gotten over the trauma nor has my wife. We are lucky we have three healthy kids and my heart goes out to everyone that loses a child. Support Feaileacain
@orb7eckn: My deepest sympathies .. sorry have no other better words ..
@orb7eckn: Heat broken for your loss
@orb7eckn: Thank you for sharing your story a wonderful Lady and forever in my heart.
@orb7eckn: omg this is heartbreaking
@orb7eckn: So very sorry for your loss Joe. Condolences to yourself & your wife.
@orb7eckn: So sorry Joe. Heartfelt condolences to you and your family. My wife ( before I met her ) suffered the loss of her 10 day old Baby. She had a husband whom she was in the middle of divorcing. She told me she had a social worker and a language interpreter by her side who offered whatever comfort they could. The hospital staff and medics just wanted them out. I hope your family are doing well.
Savita Halappanavar …..
In all walks of life there good and bad. The problem now days is there to much box ticking and appearances the new nurses have no empathy or emotion or told not to then you have the others the only reason they choose health care was to get a visa so they have no interest at all added with overworked is what we see now.
@Be Lucky: As a patient in st James and st Vincent’s . Care was so bad,, couldn’t call it care , I felt like a criminal who didn’t deserve kindness .. nurses , it was rare to find one nice nurse .. if you cried or anyone saw you crying you got worse care .
I well.believe these horrible le stories I had the worst nightmare myself 23 years ago in the Rotunda hospital
@Karen Marten: I was so scared having my second child but it was the easiest birth out of 3 . 3hours from checking in to delivery was home 12 hours later .
3rd child in drogheda dirtiest hospital I’ve ever been in .
@Karen Marten: Same, but only 5 years ago.
I don’t think this is limited to birth, but is more widespread.
Maybe the problem is with how medical staff are selected.
There is a certain segment of the population that is psychopathic, or of similar psychological makeup.
People who lack empathy.
Yet the presence or absence of empathy is not a factor in who gets to become a medical professional.
Shouldn’t it be?
“… people giving birth …”?
@Athena: Yep!
We’re not discussing pigeons here.
@Jimmy Wallace: Yes, as it is part of the root cause of the problem.
@Athena: You mean the root cause of the problem is people in the medical profession who seem to lack empathy?
Is there anyone commenting here that shows that same lack of empathy, do you think?
@Jimmy Wallace: Of course it is a dreadful story but calling out the Journal when they publish woke nonsense is important too. People don’t have babies, women do. To ignore this nonsense is to allow it to become normalised.
Any wonder birth rates are falling with no proper health or housing
It was better in the times of “call the midwives ” my mother had some stories of the midwives calling when the younger kids came home from school they were told look what the mid wife brought a new brother /sister .
Even with paying private you aren’t guaranteed to have a private room. It’s bonkers. You spend 5 to 7000 and you aren’t even sure not to end up in an overcrowded public hospital room.
Doctors aren’t qualified, nurses have 0 empathy. If you can avoid giving birth here. Do.
@Alex: A lot of them were not qualified. My older brother was delivered by a trainee doctor in July 1973. Due to a lack of oxygen he suffered brain damage. He is 52 next month has the mental age of a 8 year old. God help him, he never stood a chance with the backwards system we had then.
@David Corrigan: that’s awful your poor mother and brother
@Karen Marten: It’s not simple Karen. My mother took great care of him until she passed away. Her attitude was that it was her problem. They were chased by the solicitors in the 70′s but they would have nothing to do with that. It’s not going to fix him is what they would say.
I reckon he would have been a solitcitor or something. A big strong man denied everything by a system not fit for the stone ages.
@David Corrigan: iys just awful the way women were and still are being treated so badly during childbirth . And then theres no support or services for children or parent .
@Karen Marten: We had A LOT of problems getting my brother care after my mother passed away. Escalated it to the highest ranks politically and in the HSE. Might as well be talking to a stone bloody wall. One HSE executive got angry at me because I emailed her. I told her to go and get a fecking real job and cut out her nonsense.
As far as I am concerned, the state put my brother into the condition he is in so they state will definitely provide a little support or whatever he needs.
Like you said, there’s no support for a lot of people. First world taxes for third world services.
I can’t actually fathom this is still ongoing. We had very good care.. apart from one nurse in her early 20s who decided that our 12 hour old little one should be woken up by rubbing an wet towel soaked in ice water on her back to shock her awake… If I had been less sleep deprived I’d probably have rammed the towel somewhere else.. but to see the horrors written above is painful to read.. it should be a wonderful memory not scarred by the traumas as described..
What a horrific read. Those poor women. I’ve only recently had experience of medical professionals not believing a patient crippled with neuralgia pain. Every single one of those women should be taking a Medical negligence claim against the HSE or a Human Rights action against the state for abuse.
I have to wonder how much of this horror is down to being understaffed and overloaded.
There should be enough staff of all levels in every hospital that they work the same kind of hours as everyone else.
There should also be enough facilities that nobody is on trolleys.
Exhausted overworked staff pretty much guarantees poor care and bad mistakes.
How do we get there from here?
We can’t start somewhere else.
@Steve O’Hara-Smith: I remember midwives chatting and laughing away at the workstation for most of the night 1 night after I’d had a section it wasn’t busy. I had to ring the bell for painkillers that were due as they weren’t giving them to me routinely and she was irritated when she came in, gave me the drugs and I asked when the next one was due. She told me the next one was due at 5 am and if I wanted it, to come out to the nurse’s station to get it I was still struggling with walking. They were definitely not rushed off their feet. This was holles street and it was rife with this culture so much treatment like this it was disgraceful. I was private too not that it should make a difference.
Stories like this make me even happier with my decision to not have children.
Absolutely despicable women are bring treated like this when they are at their most vulnerable point in their lives.
They deserve better!
Oh but we’re a ” rich advanced country ” so we should be happy
Private is the only way, no one wants to be around medical card riff raff
@John D Doe: typical snobbish remark. Who ever reared you must be so proud
@Joe Kelly: class is very important in life
@John D Doe: Even with private you are not guaranteed a private room. It’s one of their policy.
@John D Doe:
Yes, class is important, it’s a pity you have none.
@John D Doe: you could ne treated just as badly in Holles Street or any other private maternity hospital as you could be in a public one actually
@Regular John: as a members of the elite I find your comment amusing
@John D Doe: You claiming to be “elite” whilst unable to write a single sentence without multiple mistakes is amusing. You’re fooling nobody.
This sounds quite barbaric and I’m sure everyone can sympathise for all these women and their families however can I ask if an organisation like the Journal, which prides itself on factchecking, has checked the facts of all these experiences or to play Devils Advocate, if there may possibly be reasons for some of them.
I know when I was a small child and spent a considerable amount of time in hospital I found out it was a training hospital, I honestly thought every injection, every poke and prod was someone practicing on me. I hated them.
The facts are Ireland is one of the safest countries in which to give birth, clearly not one of the most pleasant, as your own statistics show a small, but significant, amount of women have a negative experience.
I suspect questioning this is any aspect will invite certain wrath but is it possible that in the hectic environment of a labour ward certain births become more difficult or confused than others and during these births ideal communication is not always possible. During these births the midwives and doctors present may be focused on delivering a healthy baby and ensuring the new mother is kept well too. This sounds quite barbaric and I’m sure everyone can sympathise for all these women and their families however can I ask if an organisation like the Journal, which prides itself on factchecking, has checked the facts of all these experiences or to play Devils Advocate, if there may possibly be reasons for some of them.
I know when I was a small child and spent a considerable amount of time in hospital I found out it was a training hospital, I honestly thought every injection, every poke and prod was someone practicing on me. I hated them.
The facts are Ireland is one of the safest countries in which to give birth, clearly not one of the most pleasant, as your own statistics show a small, but significant, amount of women have a negative experience.
I suspect questioning this is any aspect will invite certain wrath but is it possible that in the hectic environment of a labour ward certain births become more difficult or confused than others and during these births ideal communication is not always possible. During these births the midwives and doctors present may be focused on delivering a healthy baby and ensuring the new mother is kept well too.
@Boyne Shark: my story is one of them above and everything written was my own words. Yes midwives and doctors are there to ensure the safety and birth of a baby but mistakes happen and they did. But not being honest to a mother is not good enough. Yes giving birth is an unknown esp as a first timer but honesty is easier to deal with hiding information.
@Boyne Shark: I wouldn’t rule out a certain degree of exaggeration in some cases, in the hope of generous compensation. Let’s face it ,it happens.
@Caroline Walsh: I don’t doubt that you recounted your experience accurately and honestly and can only sympathise with you for what you went through. What I asked is if the Journal performed due diligence and checked if there may have been a genuine medical reason or mitigating circumstances that could explain your experience. If they haven’t carried out due diligence then, unfortunately, we will never know.
Terrible reading all this unnecessary suffering of women I could write a book on my very traumatic births which depend on sympathetic and caring doctors and nurse who listen to women .The culture in some hospitals mitigate against this happening and no-one is ever brought to account for mistreating patients .And nothing excuses these inhumane careless so called professionals
have your say