I wish to ask the Taoiseach the policy on remission of sentences. Concern is growing that in serious cases, remission is reduced by one quarter when prisoners arrive at the prison gates. Obviously, that serves to undermine confidence in the justice system and represents a disregard for victims. Can the Taoiseach confirm that the Minister for Justice, Equality and Law Reform has the sole responsibility and power on behalf of the Government to set out the rules and regulations governing the remission of sentences?

The Taoiseach will be aware of the public outrage that followed the murder of Detective Garda Jerry McCabe. Can he confirm that one of the people convicted of manslaughter in that case is being released from Castlerea Prison with full remission having served eight of the 11 years imposed on him?

Deputy Kenny is correct. For a number of years in this country, one quarter has been set down as the proportion of remission to be granted. As I understand the matter, it is not set out in legislation but has been the procedure. The equivalent period in Britain is one third, while it ranges between one quarter and one third in other countries.

Up to one third, where a prisoner earns it.

Precisely. If there are breaches of the disciplinary codes or if prisoners do not conform, remission can be removed in its entirety.

The prisoner has to earn it.

Sorry, Deputy Jim O'Keeffe, your leader is competent enough to deal with his own question. The Taoiseach without interruption.

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 received remission following the normal 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 wounding of Detective Garda Ben O'Sullivan during an attempted robbery in Adare in June 1996, was committed to custody on 20 June 1996 and received an 11-year sentence for manslaughter on 5 February 1999, as well as two concurrent five-year terms for wounding and possession 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 other person convicted in respect of the horrific events in Adare being released ahead of time. Prisoners in this jurisdiction have a statutory entitlement to remission of their sentences, provided they have demonstrated good behaviour. Each and every breach of these rules is punishable by loss of remission, up to a maximum of 14 days. This person was the subject of a single such report during his sentence and has lost a total of 12 days of remission. Therefore, he has not received full remission. In accordance with that, his release date has been set for 17 May 2007. As matters stand, the Prison Service would have no legal authority to detain him beyond that date.

I wish to correct my earlier statement as I am advised by a note that it is statutorily based. I have asked the relevant statute involved but have not got that information.

The question I wanted the Taoiseach to address was whether the Minister for Justice, Equality and Law Reform sets the rules and regulations governing remission on behalf of the Government. The concern being expressed in public is that there is now an automatic remission of up to 25%.

In the case of Castlerea and the aforementioned prisoner, Mr. Justice Kinlen stated in his report that the IRA prisoner enclave within Castlerea was operating as a separate prison, whereas the prison's policy is to fully integrate prisoners within the complex. Would it not be in the interest of prisoners, in that they understand they have to earn remission, and victims, in that prisoners are seen to earn remission, to make the rules crystal clear? Given Mr. Justice Kinlen's report in respect of the prisoners in the Grove and his observation that the compound operates as a separate prison within a prison, can the Taoiseach clarify how the prisoner in question has earned his remission from 11 to eight years?

When the crime went to trial, the judge said he had never before seen such gross intimidation of witnesses in a case and, as it was not possible to try the accused on a capital murder charge, they had to be tried for manslaughter. Can the Taoiseach clarify how the prisoner has earned his remission in view of Mr. Justice Kinlen's report?

I do not want to make any comment about what happened in the trial. That was a matter of the evidence before and the judgment of the court. The individual concerned in the case received an 11-year sentence for manslaughter, as well as two concurrent five-year terms for wounding and possession of firearms. He has been under the control of the authorities in Portlaoise Prison and Castlerea Prison. I do not believe the prison authorities accept for one minute that there is an issue of a prison within a prison. The prisoners were held under the jurisdiction of the prison authorities and it is a matter for them to decide whether somebody has earned remission. It is only statutory if one has earned it and they arbitrate on it. In this case, their judgment is that each breach of prison rules is punishable by loss of remission up to a maximum of 14 days. The person concerned has been subject to a single such report and lost ten days remission. The same applies to all prisoners and this convention has been followed. It is statutory if one earns it and the prison authorities make that determination. They have made such a determination in this case and there are no plans to release anybody early. The prisoner concerned has earned remission to which the prison authorities would say he is entitled. In that case, there is no reason to detain him longer.