Oireachtas Joint and Select Committees

Wednesday, 5 December 2018

Joint Oireachtas Committee on Justice, Defence and Equality

Bail (Amendment) Bill 2017: Discussion

9:00 am

Ms Deirdre Malone:

The Deputy asked what we can do if prison does not work and several PhDs would probably be required to answer that question. Reference was made to the extreme ends of the spectrum and reports of extremely heavy sentences being handed down at one end and of extreme leniency at the other end. It is a difficulty when we are informing ourselves through media reporting because media values are not the same as criminal justice values. In that context, it is very important that we all have access to both detailed data and detailed analysis of that data. We must look at evidence based policy that has been successful elsewhere. We must consider the effectiveness of interventions like community service orders where appropriate. Such orders are not appropriate in the context of serious offending but the vast majority of crime is not at the most serious end of the spectrum. Unfortunately, however, our debates are always framed around the most serious end. It is important to recognise the gradation of offending that happens.

Intervening at the earliest point and providing resources in the context of social structures and systems can work to prevent offending. Furthermore, where offending is related to issues such as addiction, mental ill health, homelessness, poverty or domestic violence, the response must deal with those underlying issues and not just with the symptoms. A whole-of-Government approach is required, as are more data and resources. We also need more supports and services for victims and their families. The rights of both do not have to be in opposition. In many cases, it is about ensuring that everyone who has a role in the system is being supported to take part in that system.

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