Vol. 633 Wednesday, No. 2 7 March 2007 DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES DA´ IL E´ IREANN TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Wednesday, 7 March 2007. Leaders’ Questions ……………………………… 445 Ceisteanna—Questions Taoiseach ………………………………… 456 Requests to move Adjournment of the Da´il under Standing Order 31 …………… 466 Order of Business ……………………………… 468 Message from Seanad ……………………………… 477 Message from Select Committee ………………………… 477 Finance Bill 2007: Report Stage (resumed) ……………………… 477 Ceisteanna—Questions (resumed) Minister for Defence Priority Questions …………………………… 498 Other Questions …………………………… 509 Message from Seanad E´ ireann ………………………… 522 Messages from Select Committee ………………………… 522 Adjournment Debate Matters …………………………… 522 Finance Bill 2007: Report Stage (resumed)………………………523 Visit of Lithuanian Delegation ………………………… 547 Finance Bill 2007: Report Stage (resumed) and Final Stage ………………… 547 Education (Miscellaneous Provisions) Bill 2007: Order for Report Stage …………………………… 553 Report and Final Stages …………………………… 553 Message from Select Committee ………………………… 576 Private Members’ Business Rail Freight: Motion (resumed) ………………………… 576 Prisons Bill 2006 [Seanad]: Order for Report Stage …………………………… 605 Report Stage ……………………………… 606 Adjournment Debate Decentralisation Programme ………………………… 626 Hospital Services ……………………………… 628 Broadcasting Legislation …………………………… 629 Road Network ……………………………… 633 Questions: Written Answers …………………………… 637 445 446 DA´ IL E´ IREANN The Taoiseach: This issue was raised by several organisations over the past two weeks in regard ———— to a sexual abuse case. A certain individual had served a full and lengthy sentence but had De´ Ce´adaoin, 7 Ma´rta 2007. received remission following the normal Wednesday, 7 March 2007. procedure. In the case highlighted this week, Michael ———— O’Neill, one of the four persons convicted of the killing of Detective Garda Jerry McCabe and the Chuaigh an Ceann Comhairle i gceannas ar wounding of Detective Garda Ben O’Sullivan 10.30 a.m. during an attempted robbery in Adare in June 1996, was committed to custody on 20 June 1996 ———— and received an 11-year sentence for man- slaughter on 5 February 1999, as well as two con- Paidir. current five-year terms for wounding and pos- Prayer. session of firearms with intent. He was initially detained in Portlaoise Prison but was moved to ———— Castlerea Prison in 1999, where he remains. There is no question of this prisoner or any Leaders’ Questions. other person convicted in respect of the horrific events in Adare being released ahead of time. Mr. Kenny: I wish to ask the Taoiseach the Prisoners in this jurisdiction have a statutory policy on remission of sentences. Concern is entitlement to remission of their sentences, pro- growing that in serious cases, remission is reduced vided they have demonstrated good behaviour. by one quarter when prisoners arrive at the Each and every breach of these rules is punish- prison gates. Obviously, that serves to undermine able by loss of remission, up to a maximum of 14 confidence in the justice system and represents a days. This person was the subject of a single such disregard for victims. Can the Taoiseach confirm report during his sentence and has lost a total of that the Minister for Justice, Equality and Law 12 days of remission. Therefore, he has not Reform has the sole responsibility and power on received full remission. In accordance with that, behalf of the Government to set out the rules and his release date has been set for 17 May 2007. As regulations governing the remission of sentences? matters stand, the Prison Service would have no The Taoiseach will be aware of the public out- legal authority to detain him beyond that date. rage that followed the murder of Detective Garda I wish to correct my earlier statement as I am Jerry McCabe. Can he confirm that one of the advised by a note that it is statutorily based. I people convicted of manslaughter in that case is have asked the relevant statute involved but have being released from Castlerea Prison with full not got that information. remission having served eight of the 11 years imposed on him? Mr. Kenny: The question I wanted the Taoiseach to address was whether the Minister The Taoiseach: Deputy Kenny is correct. For a for Justice, Equality and Law Reform sets the number of years in this country, one quarter has rules and regulations governing remission on been set down as the proportion of remission to behalf of the Government. The concern being be granted. As I understand the matter, it is not expressed in public is that there is now an auto- matic remission of up to 25%. set out in legislation but has been the procedure. In the case of Castlerea and the aforemen- The equivalent period in Britain is one third, tioned prisoner, Mr. Justice Kinlen stated in his while it ranges between one quarter and one third report that the IRA prisoner enclave within in other countries. Castlerea was operating as a separate prison, whereas the prison’s policy is to fully integrate Mr. J. O’Keeffe: Up to one third, where a pris- prisoners within the complex. Would it not be in oner earns it. the interest of prisoners, in that they understand they have to earn remission, and victims, in that The Taoiseach: Precisely. If there are breaches prisoners are seen to earn remission, to make the of the disciplinary codes or if prisoners do not rules crystal clear? Given Mr. Justice Kinlen’s conform, remission can be removed in its report in respect of the prisoners in the Grove entirety. and his observation that the compound operates as a separate prison within a prison, can the Mr. J. O’Keeffe: The prisoner has to earn it. Taoiseach clarify how the prisoner in question has earned his remission from 11 to eight years? An Ceann Comhairle: Sorry, Deputy Jim When the crime went to trial, the judge said he O’Keeffe, your leader is competent enough to had never before seen such gross intimidation of deal with his own question. The Taoiseach with- witnesses in a case and, as it was not possible to out interruption. try the accused on a capital murder charge, they 447 Leaders’ 7 March 2007. Questions 448 [Mr. Kenny.] Work and Live. Many of its recommendations had to be tried for manslaughter. Can the were imported into the new national agreement, Taoiseach clarify how the prisoner has earned his Towards 2016, last summer. However, the prob- remission in view of Mr. Justice Kinlen’s report? lem is one can go through the commitments made and tick them off but none is being implemented. The Taoiseach: I do not want to make any com- For example, Jack O’Connor this week said: ment about what happened in the trial. That was The Government has made virtually no pro- a matter of the evidence before and the judgment gress in implementing the labour protection of the court. The individual concerned in the case measures in Towards 2016. There is no evi- received an 11-year sentence for manslaughter, as dence of Revenue activity to stop bogus self- well as two concurrent five-year terms for wound- employment, no evidence of any commitment ing and possession of firearms. He has been to effectively regulate employment agencies under the control of the authorities in Portlaoise and no evidence of using public procurement Prison and Castlerea Prison. I do not believe the of goods and services to uphold employment prison authorities accept for one minute that standards. there is an issue of a prison within a prison. The prisoners were held under the jurisdiction of the There are still only 31 labour inspectors to cover prison authorities and it is a matter for them to a workforce of 2 million. All the commitments decide whether somebody has earned remission. regarding the new enforcement agency which was It is only statutory if one has earned it and they to be established to ensure work standards were arbitrate on it. In this case, their judgment is that being complied with have not been implemented. each breach of prison rules is punishable by loss On the bottom rung of the ladder workers are of remission up to a maximum of 14 days. The being displaced blatantly and for no other reason person concerned has been subject to a single than some employers find it possible to exploit such report and lost ten days remission. The same non-national workers who are afraid to join trade applies to all prisoners and this convention has unions or put their heads up and are willing to been followed. It is statutory if one earns it and work additional hours and for the national mini- the prison authorities make that determination. mum wage or less than it. The commitments They have made such a determination in this case entered into in Towards 2016 have not been and there are no plans to release anybody early. implemented. The prisoner concerned has earned remission to which the prison authorities would say he is The Taoiseach: The Towards 2016 programme entitled. In that case, there is no reason to detain was only launched formally a few weeks ago but him longer. the Minister for Enterprise, Trade and Employ- ment and his Department had set up a separate Mr. Rabbitte: Did the Taoiseach watch the unit to engage with the social partners and move “Prime Time” programme last night which on legislation to address issues in a number of assessed the performance of Irish Ferries since it areas. The collective redundancy Bill will deal displaced its Irish workforce and took on cheaper with the issue relating to Irish Ferries. labour? For example, it showed that the 48 Irish The Employment Permits Act which we passed staff retained by agreement at the time had been last year and the arrangements announced by the driven out as a matter of policy by the company’s Minister for Enterprise, Trade and Employment management and only four workers were left.