Sandra McLellan (Cork East, Sinn Fein) | Oireachtas source

Sinn Féin has long campaigned for police reform, and we believe, North and South, that the public deserves a policing service that is visible, accessible and accountable. As Irish republicans we campaign for one service in a united Ireland, but between now and then we will continue to campaign for reforms of policing services on this island. A key campaigning point is restorative justice, as justice must be about restoration and not just retribution. Tackling crime, particularly petty crime, cannot simply be left to the Garda, as it cannot tackle this crime on its own. Gardaí would be the first to admit this. It must be about a partnership approach, with gardaí, local authorities, and community and political representatives working together to improve the quality of life of those suffering from crime.

Whole communities have felt abandoned by the Garda and the powers-that-be. Many residents in these communities feel they are being held to ransom by those involved in serious anti-social behaviour but the powers-that-be are unable or unwilling to tackle the problem. This is unacceptable and a new approach must be taken. People have a right to live, work and play in safety in their community, and if a crime is committed, they can expect it to be dealt with through due process and justice restored.

This Bill is a step in the right direction and Sinn Féin will be supporting it, despite our serious concerns about certain aspects, and we intend to amend it accordingly. In an all-Ireland justice system we see restorative justice as being one of the cornerstones. Restorative justice approaches contrast with the traditional punitive or retributive approaches of the current justice system. Restorative justice involves victims and communities directly and ensures that the offender actually confronts his or her behaviour and its causes, taking steps to make up for the harm done. It is an inclusive approach.

This restorative approach leads to much higher levels of victim satisfaction with the process. This is principally because restorative justice, wherever possible, involves all those who have a stake in a specific offence. It aims to collectively identify and address the resulting emotional, physical and financial harm, as well as the associated needs and obligations of all involved, in order to offer the victims more direct redress. Restorative justice actively connects the offender with victim in a safe and controlled context called victim-offender conferencing in order to enable them to create healing. Restorative justice therefore contrasts with traditional punitive or retributive justice. The victim is viewed as central to the process, and it is not about guilt and punishment but about rebuilding and repairing. Typically, restorative justice methods bring victims and offenders together in a safe and structured way, in the presence of a trained mediator, to decide on the most appropriate response to the harm caused by the offence, with the victim playing a major role in the process and often receiving some form of restitution or reparation from the offender. In order for the process to succeed, participation must be voluntary on the part of both victim and offender, and the offender must concede the basic facts of the offence and responsibility for the crime. With consent, family members and the broader community may also be included where appropriate.

Restorative justice was born out of the conflict on this island. In the Six Counties, communities had to look at alternatives to mainstream policing.

This was simply because the then RUC was unacceptable to the Nationalist community. It has since become the norm in many communities across the North, particularly in Belfast and Derry.

Sinn Féin welcomes the fact that restorative justice is being seen as part of the solution in this State. I know it has been piloted in some communities but much more needs to be done to resource and support it. It must become a central tool of justice and policing.

Sinn Féin sees an increasingly important role for restorative justice in the justice system of a future united Ireland, as we believe that in a great many cases it is more socially effective than retributive justice, as it results in higher victim satisfaction, lower instances of repeat offending, and greater chances of offender rehabilitation and reintegration into the community.

This Bill has limitations, particularly where it calls for attachment orders to be imposed. This could well punish innocent family members. Partners and children should not be punished for the crimes of others but this can all be debated on Committee Stage and we are happy to support the Bill.

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