Lynch v Minister for Justice and Others

• Jurisdiction: Ireland
• Judge: Mr. Justice Herbert
• Judgment Date: 26 March 2001
• Neutral Citation: [2001] IEHC 52
• Court: High Court
• Docket Number: . 417 JR/2000
• Date: 26 March 2001

[2001] IEHC 52

THE HIGH COURT

No. 417 JR/2000

LYNCH v. MINISTER FOR JUSTICE & ORS

BETWEEN

KEVIN LYNCH

APPLICANT

AND

THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM, THE GOVERNOR OF PORTLAOISE PRISON AND THE PAROLE BOARD

RESPONDENT

Citations:

CONSTITUTION ART 34

CONSTITUTION ART 38.1

CONSTITUTION ART 40

CONSTITUTION ART 41

CONSTITUTION ART 42

CONSTITUTION ART 43

CONSTITUTION ART 44

RYAN V GOV OF LIMERICK PRISON 1988 IR 198

SHERLOCK V GOV OF MOUNTJOY PRISON 1991 1 IR 451

GREENHOLTZ V NABRASKA PENAL INMATES 442 US 1

OHIO ADULT PAROLE AUTHORITY V WOODWARD 118 SC 1244

EUROPEAN CONVENTION ON HUMAN RIGHTS & FUNDAMENTAL FREEDOMS

O'LAIGHLEIS, RE 1960 IR 93

WOODS, APPL OF 1970 IR 154

BOYLE & RICE V UK 1988 10 EHRR 425

PRISONERS (TEMPORARY RELEASE) RULES 1960 SI 167/1960 R3(1)

RULES FOR THE GOVERNMENT OF PRISONS 1947 R38

CORISH V MIN FOR JUSTICE 2000 2 IR 548

MCHUGH V MIN FOR JUSTICE 1997 IR 245

Synopsis:

Prisons

Prisons; temporary release; applicant seeks order of mandamus directing respondent to grant application for temporary release; applicant claims that failure to grant him such temporary release is a denial of his fundamental rights under the Constitution and the European Court of Human Rights; whether there is a constitutional or inherent right to early or temporary release from prison; whether granting of temporary release is matter for the courts

Held: Application refused.

Lynch v. Min for Justice - High Court: Herbert J. - 26/03/2001

The applicant sought to challenge the refusal of the respondents to approve his early release request. Herbert J delivering judgment held that the granting or withholding of temporary release was a matter exclusively within the discretion of the Minister and that the Court had no jurisdiction to intervene in the process. In these circumstances the application would be refused.

1 JUDGMENT delivered by Mr. Justice Herbert on the 26th day of March 2001

2 Mr. Kevin Lynch seeks Judicial Review by way of an Order of Mandamus directing the Minister for Justice. Equality and Law Reform, the Governor of Portlaoise Prison, and the Parole Board to grant his application for temporary release. He claims that the failure to grant him such temporary release is a denial of a fundamental right guaranteed to him by Article 34, Article 38(1) and Articles 40–44 of the Constitution of Ireland, 1937; by the Universal Declaration of Human Rights, the European Convention on Human Rights and Fundamental Freedoms and by various other International Instruments. In my judgment a prisoner has no constitutional or inherent right to early release from prison or to temporary release. This is clear from the decision of Mr. Justice Murphy in the case of Ryan -v- The Governor of Limerick Prison (1988) I.R. 198 at 200; of Mr. Justice Johnson in Sherlock -v- The Governor of Mountjoy Prison (1991) 1 I.R. 451 and of the Supreme Court of the United States of America in Greenholtz -v- Nabraska Penal Inmates 442 U.S. 1, and Ohio Adult Parole Authority -v- Woodard 118 Supreme Court 1244. The provisions of the EuropeanConvention on Human Rights and Fundamental Freedoms and the other International Instruments of which the State is a signatory are not part of the domestic law of the State and are not justiciable in the Courts of the State, (see in re: O'Laighleis (1960) I.R. 93 and Application of Michael Woods (1970) I.R. 154).

3 After conviction the powers of comminution and of temporary release are vested in the Executive and are Administrative Matters in which the Courts have no function and in respect of which the relevant authorities have a wide discretion. This Discretion was recognised by the European Court of Human Rights in the case of Boyle & Rice -v- The United Kingdom (1988) 10 E.H.R.R. 425.

4 Rule 3(1) of the Prisoners (Temporary Release) Rules, 1960, ( StatutoryInstrument 167 of 1960) provides:-

"The Governor or other officer in charge for the time being of a prison may subject to the directions of the Minister and subject to any exceptions which may be specified in the directions of the Minister release temporarily for a specified period a person serving a sentence of imprisonment in that prison."

5 Mr. Kevin Lynch was sentenced to a term of eight years imprisonment by the Dublin Circuit Criminal Court on the 7th of April 1997, such term to run from the 4th of April 1996, on charges of possession of firearms with intent, possession of ammunition and aggravated burglary. He is eligible by special industry and good conduct to earn remission of a portion of this sentence not exceeding ¼ of the whole sentence by reason of the provisions of Rule 38 of the Rules for the Government of Prisons, 1947. Should he earn this remission he will be due for release from prison on the 4th of April 2002.

6 The Applicant states that he applied to the Governor of Portlaoise Prison

7 (a) on the 29th of July 1999 for transfer to the Training Unit at Glengariff Parade, Dublin or to Wheatfield Prison;

8 (b) on the 9th of December 1999 for temporary release for a period of Christmas;

9 (c) on the 20th of January 2000 for temporary release on the grounds that his parents were ill and to assist him in a programme of social reintegration;

10 (d) on the 21st of January 2000 for transfer to the Training Unit and a programme of temporary release.

11 He swears that he received no reply whatever to these...