Mr. Ken Murphy:

Chairman, members of the committee, Minister, Lord Mayor, distinguished guests, ladies and gentlemen, the Law Society of Ireland welcomes the opportunity to submit its views regarding the possible introduction of a community courts initiative in Ireland. The society commends the Oireachtas joint committee on its initiative in dusting down the 2007 report of the National Crime Council, Problem Solving Justice: The Case for Community Courts in Ireland. The success of community courts in parts of the United States and in England and Wales justifies a serious examination of whether community courts could be successful in Ireland also.

The society would welcome the opportunity to participate fully in an implementation group as recommended in chapter 5 of the National Crime Council’s report. Solicitors who practice in criminal law have valuable experience and insights which they would happily make available to such a group.

While the welcome is genuine and warm, there are elements of caution that the society believes should be expressed also. First, we believe that consideration of the community courts model should be based also on an analysis of the impact of any such changes on criminal procedure in Ireland and the avoidance of any potential weakening of the constitutional rights of the accused. Echoing Mr. Bowen's comments about England and Wales, and his quotation from the United States, it is not just in the US that the constitutional rights come first. Second, we also believe that the review should be on the basis of evidence-based research. Third - this is a theme I fear has not been sufficiently emphasised in the discussion so far - such an initiative must be adequately resourced.

On the model, I quote from the National Center for State Courts in the United States, which states: "Typically, a community court is a problem-solving court that addresses quality of life or 'nuisance' cases and takes a more proactive approach to public safety." It further states that there are several different models for community courts, that all the courts are experimenting with different ways to provide appropriate services and sanctions, and that there is no simple model to be adopted and recommended in Ireland.

We must recognise also that many elements in community courts are already known in the Irish justice system. In the National Crime Council's description of the community courts concepts it states that the community courts evolved from the drugs courts in the United States, the first of which was established in 1989. I had the experience of being a member of the working group in a courts commission chaired by the now Chief Justice, Mrs. Justice Susan Denham, in the late 1990s when we were getting presentations from the United States about the drug courts. The drug courts concept is known in Ireland. Also, there is the restorative justice initiative that is being followed in Ireland, in respect of which Judge Michael Reilly was a pioneer in Nenagh. A further pilot project was introduced in Tallaght and has now transferred to the Courts of Criminal Justice in Dublin.

Some of the themes of community courts are not entirely unknown in Ireland. The concern solicitors have is that the resourcing of those initiatives has not been all that it could be. Some would see that there may be elements of panacea in the adoption of a community courts initiative now, but we are certain that would not be the case. The drugs courts, for example, by narrowing its focus to the treatment of drug problems and focusing on the problem that caused the criminal conduct, look to the underlying problem of which often the criminal conduct is only a symptom. To address deep-rooted social problems of that kind, resources have to be put in place.

Less than an hour ago I spoke to the chair of the criminal law committee of the Law Society, who said that in her view the Probation Service in Ireland is at breaking point. If there are to be initiatives that will draw on further involvement of the Probation Service, the courts system or the health system in support of community courts, resources will have to be found to make them work. Our major reservation and concern is that this model might be followed and an initiative put in place without adequate resources to ensure its success. Undoubtedly, there is great value in the concept of community courts and we should seek to learn from the experience, which, as Mr. Bowen pointed out, has not all been positive in other jurisdictions. He cited the north Liverpool experience.

The concept of seeking to address the underlying problems of which the crime is often merely a symptom has to be followed. The Law Society, the solicitors' profession and the practitioners in the criminal courts who are solicitors would be very happy to engage with and support a model of this kind, provided all the elements required to make it a success are present.