The Isle of Man Department of Home Affairs (DHA) have responded to a query from the Celtic League about the operation of the Isle of Man Parole Board. The League has written to the DHA last year and having failed to receive a reply followed the query up with a request to the Chief Ministers Office.

In their response the DHA confirm that the identity of the Parole Board is secret. Surprisingly, they also are not required to produce a annual report. Finally prisoners are not granted an open hearing before the Board when being considered for parole a practice which seems to be in conflict with human rights legislation.

The reply from the DHA is set out below in full:

"Dear Mr Moffatt

I write with reference to your correspondence, in relation to the Parole Committee, and in this connection please accept my apology for not responding before now but, regrettably, discussions on this important matter are taking longer than was expected.

The consideration and discussion on this matter has been impacted by the need to advertise for two new members and in ensuring that such members had the degree of knowledge, and ability, to deal with making recommendations on the release of prisoners. In this connection I am sure you will agree that the Parole Committee having these skills is of considerable importance to the prisoners but also to the safety of the public.

In addition, the chair of the Parole Committee sadly passed away recently and the Department is going to be advertising for a medically qualified person to take up the vacancy, as a member of the Committee, after the T.T. period.

In relation to the questions you have posed please find below the answers which relate to the current situation:

Can you advise who the current members of the Isle of Man Parole Board are?

At this time I am unable to release the names of the Parole Committee because, custom and practice has been that, they were appointed on the basis that their identity would not be made public. However, the Department is currently in discussion with the Committee in relation to the anonymity issue.

Could you also indicate when they were appointed and for how long they hold office?

Members are appointed for a 3 year period the dates of the appointments vary over the last 3 years.

Is the Parole Board required to produce an annual report for the Department and if so is this document published annually?

No, there has never been a statutory requirement for the Parole Committee to produce an Annual Report to the Department of Home Affairs.

Does the Parole Board operate using fixed criteria?

Yes, procedures are referred to in secondary legislation, and the Parole Committee refers to criteria for discretionary conditional parole release.

Has the procedure used by those eligible for Parole to seek a hearing been changed recently - or are any changes planned?

The procedure in relation to the Parole Committee has not changed, however, candidate prisoners could previously be interviewed by the Isle of Man Prison Board of Visitors when cases were referred in the first instance to the Board, as the Board could consider them and make such recommendations as it thought fit to the Parole Committee. The successor to the Board of Visitors, the Independent Monitoring Board, is no longer involved in the parole process as is provided for under the Custody Rules. The Parole Committee can, however, invite prisoners to be interviewed by a member if the Committee believes mthis is necessary and that it will assist in informing the decision to refuse parole or to recommend release to the Department.

Is the Board required to provide applicants with written and detailed reasons for its decisions?

Yes, this change is also new and was introduced with the Custody (Amendment) Rules 2007.

Finally, are applicants for Parole granted a full representative hearing before the Board when their case is considered?"

The Custody (Amendment) Rules 2007, state that if in any particular case the Parole Committee thinks it is necessary to interview the detainee to whom the case relates before reaching a decision, the Parole Committee may authorise one of its Members to interview him and must consider the report of the interview made by that Member.

I hope the above answers your questions but if you require further clarification please do not hesitate to contact me.

Yours Sincerely

Will Greenhow Chief Executive"

See also related Celtic News article at:

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J B Moffatt Director of Information Celtic League

31/05/08

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