Anne Ferris (Wicklow, Labour) | Oireachtas source

I welcome the opportunity to speak about this very progressive legislation. The Bill is one which, when enacted, will allow those who have made mistakes in the past the opportunity to move on with their lives. Last week, as Vice Chairman of the Oireachtas Joint Committee on Justice, Defence and Equality, I visited Midtown Community Court in New York, which deals specifically with citizens who are in court having committed "quality of life" offences. I asked what these offences were and was told they included, among other offences, spitting, jumping turnstiles, graffiti, being drunk and disorderly and shoplifting. Instead of sending these offenders to prison, they are given community work to carry out. A dedicated judge deals with these cases and if the offenders carry out their community work and do not reoffend for six months, their cases are dismissed and records sealed. Midtown Community Court also deals with each individual on a personal basis and has social workers, clinicians and other professionals to help people deal with their problems.

I also met four Supreme Court judges who strongly advocated the community court model. They each specialised in certain areas, for example, drugs, mental health issues or war veterans; therefore, offenders coming before the courts appear before the judge appropriate to their own situation. The system aims to treat the person, rather than just pass sentence for committing a crime. In addition, I visited John Jay College of Criminal Justice, where I heard from the director and other professionals teaching community outreach programmes how community courts could be more effective than simply locking up offenders and throwing away the key. This progressive way of treating people who have committed minor crimes is something from which we in this country could learn.

That said, I am happy the Minister has pursued the Bill and commend the work that has gone into it. However, while I am pleased with the overall intent, there is space for improvements. The Mercy Law Resource Centre has raised a number of further issues that I would like to see addressed. As I am sure the Minister knows, it is an independent law centre and charity which provides free legal advice and representation in the areas of housing and social welfare law for persons who are homeless or at risk of homelessness. Research undertaken by Focus Ireland and PACE illustrates that the relationship between homelessness and crime is complex. Homelessness did not inevitably lead to criminal behaviour among the sample researched.

For some, being homeless led to crime which in turn led to imprisonment. For others, it was being released from prison that led directly to homelessness. The Mercy Law Centre states that the link between homelessness and crime cannot be ignored if either is to be successfully tackled, a statement with which I agree. In highlighting the benefits that this Bill can give to those seeking employment, I feel it is just as important to ensure that access to social housing is not unduly burdensome. As it stands, sections 14 and 15 of the Housing (Miscellaneous Provisions) Act 1997 and local authority policy allow for the exclusion of persons from availing of social housing on estate management grounds as a result of information received from the gardaí. We all understand that good estate management is important but the information disclosed must be proportionate with the aim. Currently, minor offences, cautions, investigations without charge or dismissals under the Probation Act 1907 can be disclosed. The Mercy Law Centre advocates that only information relating to unspent convictions be disclosed to the local authorities as it would protect the presumption of innocence and adhere to fair procedures, a position I am inclined to support.

The matter of enforcement has also been brought up and a question has arisen as to whether the investigative powers of the Data Protection Commissioner should be extended to complaints under this scheme. With these criticisms outlined, I must say that I do support the overall intent of this Bill and I look forward to its enactment.

People who have made minor mistakes in the past should have the right to move on with their lives without the constant reminder.

See this speech in context