The Minister for Justice, Mr McDowell, signed temporary release orders for 290 prisoners on Christmas Eve - but Dessie O'Hare, Malcolm Macarthur, and the killers of Garda Jerry McCabe were not included.
Many of those released temporarily over Christmas are nearing the end of their sentences, while others are serving relatively short sentences, according to the Department of Justice.
The periods of release range from a few hours - in some cases accompanied by another responsible person - to up to 10 nights.
All releases are subject to stringent conditions, usually a requirement to report on a regular basis to the local Garda station. Any prisoner who breaks the conditions may be arrested and returned immediately to prison.
According to a Department statement, applications for Christmas release are considered on grounds of the public's safety. Compassionate and humane considerations; the nature and gravity of the offence; length of sentence served to date; prior record on temporary release, and previous criminal history are also taken into account.
Meanwhile, The Irish Times has learned that a decision on the release of Malcolm Macarthur will be taken early in the New Year. The decision normally rests with the Minister for Justice, but because Mr McDowell was junior counsel for Macarthur in his trial for the murder of nurse Bridie Gargan, he will not make this decision. He has explored various alternative constitutional options with the Attorney General, and is expected to opt for one in the New Year. He can ask a ministerial colleague to temporarily take over his responsibilities in this area.
According to the Department of Justice, during Christmas 2001 295 prisoners were released, while the figures for 2000 and 1999 were 270 and 303 respectively.