Oireachtas Joint and Select Committees

Wednesday, 20 March 2013

Select Committee on Justice, Defence and Equality

Criminal Justice (Spent Convictions) Bill 2012: Committee Stage

2:00 pm

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein) | Oireachtas source

I move amendment No. 1:


In page 3, subsection (1), line 28, to delete "12 months" and substitute "48 months".
As the Minister of State will know, the Government is proposing that the period to be considered spent is 12 months or less. Britain has substantial experience of this area spanning more than 38 years. Overall, I welcome the Bill. It is a step in the right direction, particularly in assisting the rehabilitation process for people who have been convicted, served sentences and paid their debt to society. In Britain, the period considered spent was 30 months at one stage and that has been increased to 48 months, which provides more scope.

I wish to read into the record the relevant sections of a case study by the Irish Penal Reform Trust. It is the case study of an individual called Liam. He received a six-year sentence with the final two years suspended. He completed his leaving certificate in prison along with various other courses and upon release he successfully completed the Trinity Access programme and a degree in social science in NUI Maynooth, following which he did a postgraduate diploma in adult and community education. He is now qualified to teach various courses, as recognised by the Teaching Council. That is just one example of an individual who would be ruled out under what is proposed in the legislation, as would many more like him. Those are people who have genuinely rehabilitated themselves and are success stories, but they will be excluded under what is proposed in the legislation.

I note also that the Irish Penal Reform Trust, which we would all respect as an advocate for change and with which the committee has worked on our penal reform recommendations, which will be launched soon, recommends that we consider a period of 48 months in this respect. That is the context for my amendment. I trust the Minister of State will consider accepting it.

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