Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

No, other than to state that the Deputy is entitled to table an amendment.

I think he is wrong about the legislation. There are circumstances in which the court will have options to make community service orders. I agree with the Deputy. I would like the community service order system to be used by courts. Our courts are independent and must make the decisions they deem appropriate with regard to sentencing. As the Deputy will recall, we passed legislation in 2011 to require judges when considering the imposition of a sentence of 12 months or less to look at imposing or prescribing community service orders to a far greater extent than has been the case so far. In 2013, there was a reduction in the number of people sentenced to terms of imprisonment. We are having a look back and I expect to know shortly whether there was an increase in the number of community service orders made over the 12-month period at the start of the new year. It will be interesting to see in the context of the 2011 Act having bedded down whether there has been a real increase in the number of community service orders. I believe it is appropriate that the community service order system be used to the maximum extent but there are circumstances where a community service order may be an excessive way of dealing with the matter given the nature of the offence committed. I noted that the vast majority of fines are less than €500. A small fine may often be an appropriate indicator of the right penalty to apply to a minor offence rather than requiring an individual to engage in community service. It is very important that the judges who hear the individual cases have a discretion to exercise in that area. I await with interest any amendment the Deputy may table and will obviously give it very careful consideration. If we can improve the Bill in some way, I am happy to do so.