Oireachtas Joint and Select Committees

Tuesday, 22 February 2022

Joint Oireachtas Committee on Justice, Defence and Equality

Antisocial Behaviour: Discussion

Photo of Barry WardBarry Ward (Fine Gael) | Oireachtas source

I am sorry I had to step out. I wanted to make a couple of acknowledgements. I have been following the debate online. I welcome the massive breadth of experience and expertise before us. I also welcome the fact that many commentators said this is not an issue for a single agency, body or group to solve.

Everybody must come together to solve antisocial behaviour. It is very easy sometimes when we talk about this in the abstract to ignore just how pervasive and damaging antisocial behaviour can be to individuals, obviously, but to communities and societies as well. I congratulate everybody for the work they do to help us move towards a resolution of this issue.

I particularly acknowledge the Probation Service, which I have cause to deal with in my day-to-day life. I do not think it could possibly get enough resources. I know that things are tight but it does excellent work with the various people who come before the courts and benefit from liaison with its officers around that country. I particularly want to acknowledge that.

A number of speakers mentioned restorative justice measures. I must say that restorative justice has been shown to work really well, not just because it works for the individual who has committed the offence, perhaps, but particularly because it works for the injured party, victim or person who was subjected to whatever criminal activity it was. We do not put enough focus on it. It seems to me to have dropped off the radar slightly. Much of the focus on restorative justice has fallen into the lap of the judge of the day, whoever he or she may be. Some judges are very proactive in pushing restorative justice solutions. I know one who is now retired who was very good at always laying that out. I am conscious that Ms Joyce is here from the IPRT as well. We shared a discussion on this at an event at University College Dublin recently. Is there a role, and I do not know whether it is with the Department of Justice or any of the witnesses' agencies, to push that restorative justice agenda with the Judiciary? What training is available for judges as it stands?

I know the IPRT particularly champions the notion that custody or prison should be a last resort. I agree with that, particularly when we are talking about these types of offences. Although they can do enormous damage, it is also behaviour that can be addressed if we come at it from the right angle. In the same way that the Children Act 2001 provides an obligation for the Judiciary to consider all solutions other than custody first with regard to this kind of behaviour, I worry that maybe the Judiciary has not got enough training or information with regard to the restorative justice solutions that are available. Is there a role for some agency to push harder to provide judicial training or equally, provide training to barristers or solicitors who are working in the criminal courts? Does anyone have a view on that?

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