Brian O'Shea (Waterford, Labour)

I will make a few brief points on the Bill in the short time available to me. It is a pity no consultation or discussion process, such as that undertaken by the Patten Commission in Northern Ireland, was carried out prior to the drafting and publication of the Bill. People must buy into law and unless they are involved and engaged there is a strong possibility they will be more suspicious than is warranted when the legislation is finally produced. While the Minister could contend that appointing a commission before producing legislation would cause delay, the exercise would be worthwhile, not only in terms of getting the Bill right but also in cultivating a sense of ownership which is important in terms of the interplay between the citizen and the institutions of the State in regard to law.

The Bill does not provide for the appointment of an ombudsman but proposes to establish a three-person commission. The weakness of this proposal is that essentially the buck will not stop with a specific individual. A similar problem is evident in the case of children presenting in schools with anti-social behaviour. In such cases, many agencies will become involved in dealing with the child but the weakness is that there is no bottom line co-ordination and no single individual has ultimate responsibility for the child. Children in these circumstances will then go through the education system, being passed from Billy to Jack, so to speak, and will leave school without being properly prepared for the world outside.

I tabled a number of parliamentary questions to the Minister recently regarding a statement by the Governor of Mountjoy Prison, Mr. John Lonergan, that he believes there is a significant level of ADD among prisoners. I have heard of research carried out in the United States which appears to indicate that a large proportion of the prison population suffers from ADD. Treatment is available for ADD, ADHD and ODD, which are learning disabilities with an anti-social base.

There are many elements to crime. The manner in which individuals develop in the system can be conducive to later involvement in crime. A great deal can be done in this regard.

See this speech in context