A High Court judge yesterday said that the Minister for Justice exceeded his powers in deciding not to authorise temporary release for certain categories of prisoners such as drug-suppliers.
Mr Justice Iarfhlaith O'Neill ruled the Minister was not permitted to categorise or classify prisoners for temporary release under Section 2 (1) of the 1960 Criminal Justice Act.
He was ruling on an application by Brendan Corish, who is serving a five-year term for drugs offences, for an order requiring the Minister to consider his application for temporary release in accordance with law.
The judge granted that order and also issued a declaration that part of Article 4 of Statutory Instrument No 157 of 1998, which provides that a minister may issue a directive in relation to the release of any category or class of prisoner, is ultra vires the Criminal Justice Act of 1960.
Mr Peter Finlay SC, for Corish, of Mayfield, Claremorris, Co Mayo, said his client was convicted on February 17th, 1998, on charges of possessing drugs for the purpose of supplying others.