Oireachtas Joint and Select Committees

Tuesday, 22 February 2022

Joint Oireachtas Committee on Justice, Defence and Equality

Antisocial Behaviour: Discussion

Ms Molly Joyce:

I thank the committee for its invitation. The Irish Penal Reform Trust, IPRT, welcomes the decision of the committee to address the issue of antisocial behaviour in detail, as well as the opportunity to feed into this process. The IPRT is Ireland’s leading NGO campaigning for rights in the penal system and the progressive reform of Irish penal policy. Our core message is that a penal system that protects and promotes human rights, equality and social justice, and relies upon prison only as a measure of last resort, will contribute to safer communities for everyone. We will focus on three key issues in this brief opening statement, namely, the underlying causes of antisocial behaviour; the need for a whole-of-government response to antisocial behaviour; and the need for community-based and restorative responses to such behaviour.

On the underlying causes, antisocial behaviour is an issue of great complexity which is often characterised by multiple layers of disadvantage. That point has already been made this afternoon. Research in Ireland has linked antisocial behaviour to issues such as socio-economic disadvantage and marginalisation, a lack of adequate guardianship, poor supervision, issues engaging with school, and alcohol and drug use. The importance of further research in this area cannot be overestimated. Our first recommendation is therefore that further and ongoing research on the backgrounds of individuals caught up in the criminal justice system be conducted and routinely published so as to support targeted, best practice interventions and support for people at risk.

The second point is the need for a whole-of-government response. The links between antisocial behaviour and socio-economic disadvantage make clear that solutions do not lie solely with the criminal justice system, but instead require a whole-of-government response. The State should accordingly approach the issue as one that stretches across a number of Departments. This approach has been embraced to a certain extent by the Government but might require legislative action. Our second and third recommendations are that a positive statutory obligation be imposed on all relevant agencies to co-operate in respect of a child identified as being at risk, and also to co-operate around prisoner release from prison.

On the need for community-based restorative responses, the IPRT is clear that purely punitive responses to antisocial or criminal behaviour, such as increasing penalties or introducing harsher sentences, are unlikely to be effective in preventing or reducing such behaviour. This is evidenced in part by CSO data, which highlight that prison does not work to deter people from reoffending, especially with regard to young people and those involved in more low-level crime. Responses that focus instead on the underlying root causes of antisocial behaviour are more likely to be successful in preventing and reducing this behaviour.

Our fourth recommendation is for investment in existing interventions that have been shown to work, such as the bail supervision scheme and restorative justice projects. Our fifth recommendation is that the Criminal Justice (Community Sanctions) Bill 2014 be progressed without further delay, and our sixth recommendation is that the commitments in the youth justice strategy for pilot programmes for the extension of diversion measures to 18- to 24-year-olds and youth joint agency response to crime pilot be progressed.

I thank the committee for its invitation to attend today’s session, and its attention to these important issues. My colleague Ms McCreery and I are ready to respond to the committee’s questions as best we can.