13th April 2000
19. Mr. Finucane asked the Minister for Justice, Equality and Law Reform the number of loyalist and republican prisoners released from prisons here as a result of the Good Friday Agreement. [9645/00]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): To date 27 prisoners have been released in this jurisdiction under the terms of the Good Friday Agreement. Of these 22 were affiliated to the Provisional IRA, four to the INLA and one was non-aligned. There are no loyalist prisoners in custody in this jurisdiction. The Government has committed itself, under the Good Friday Agreement, to put in place mechanisms to provide for an accelerated programme for the release of prisoners, including repatriated prisoners, who qualify for such a programme under the terms of the Agreement. Part of the mechanism in place under the Agreement is the procedure laid down in the Criminal Justice (Release of Prisoners) Act, 1998, and all proposed releases under the Agreement must go through that procedure.
Prisoners who are affiliated to organisations which have not established or are not maintaining a complete and unequivocal cease-fire will not benefit. Under Section 3(2) of the Act, the Minister for Justice, Equality and Law Reform can decide which prisoners qualify. It is the normal practice that once a decision is reached a prisoner or category of prisoner "qualifies", individual cases may then be referred for advice to the independent commission provided for in the Criminal Justice (Release of Prisoners) Act, 1998, by the Minister. In advising the Minister, the commission will have regard to the factors that are to be taken into account under the Agreement in individual cases, that is, the seriousness of the offences for which the person was convicted and the need to protect the community.
Respect for rights in the penal system with prison as a last resort.