Parole Board to get books of evidence access

The Minister for Justice, Mr McDowell, has directed that the Parole Board be given access to books of evidence when considering parole for murderers with a view to making it more difficult for violent killers to secure early release.

Mr McDowell described as "a strange omission" the fact the Parole Board had not been afforded access to the books of evidence in the past. He said he hoped the new measure would halt the "consistent diminution in the perceived value of life".

"Since becoming Minister I have been increasingly aware that the previous provisions in relation to the intervention of the Parole Board, in the cases of those guilty of murder after just seven years of their sentences having been served, is neither sustainable nor defensible," he said.

"Finding, as I did, that some participants in recent Limerick clan feuding had served less than seven years for a premeditated murder, I believe that the message must now go out to anyone who uses intentional violence as part of their lifestyle that, if such intentional violence results in a murder conviction, they will stay in jail for a very, very long time indeed."

The Minister was addressing a meeting of the Progressive Democrats in Waterford.

Mr McDowell said he disagreed with recent views expressed by three senior judges that changes should be made to the way murder and manslaughter were treated by the courts.

The Chief Justice, Mr Ronan Keane, has said mandatory life sentences should be replaced by discretionary periods of detention. Mr Justice Carney has proposed ending the distinction between murder and manslaughter. The president of the High Court, Mr Justice Finnegan, has said some murderers do not merit any custodial sentence.

Mr McDowell said a mandatory life sentence was both appropriate and desirable.

On granting sentencing discretion to judges in murder cases, he said: "The question arises as to whether the public wish to allow judges decide whether murder should now attract a suspended sentence or a sentence of eight years in one case and 16 years or 24 years in another.

"Some people are now suggesting that it would be better for judges to decide than the Minister for Justice. I wonder if outcomes would be more consistent or acceptable if left to judges?"

Amalgamating manslaughter and murder into a single homicide charge would take away from juries the function of deciding whether the taking of life had been intentional. Pleas of guilty to the charge of homicide would lead to lengthy sentencing hearings during which the accused would dispute intent.

The Minister said if the sentences for murder were reduced or left at the discretion of judges it would make it very difficult to retain mandatory 40-year sentences in cases of capital punishment.

Capital punishment applies to the murder of a head of State, diplomat, prison officer or garda.