Mattie McGrath (Tipperary South, Independent)

I welcome the Bill, which seeks to increase the use of community service orders in place of short-term custodial sentences, a move that has long been advocated by the Irish Penal Reform Trust. I was pleased the legislation was included in the programme for Government agreed between the two coalition parties. I also compliment the previous Minister for Justice and Law Reform, Mr. Dermot Ahern, and officials in his Department on the work they did on the Bill.

The legislation differs from the previous Criminal Justice (Community Service) (Amendment) Bill in respect of its definition of a short-term sentence. Extending the definition from six months to 12 months is an important change.

I compliment all those involved in the community service project in my adjoining constituency of north Tipperary, including the Department, community gardaí, the probation and welfare service and a number of community organisations which facilitate the project. The former Minister of State, Ms Máire Hoctor, was supportive, active and enthusiastic about the project which is located in her home town of Nenagh.

The Bill, if passed, will bring more offenders within the scope of community service orders as it requires courts to consider the imposition of such an order where it would otherwise be of the opinion that a custodial sentence of up to 12 months would be appropriate in respect of the relevant offence. The previous Bill required such consideration only in respect of circumstances otherwise leading to imprisonment for up to six months. This is a welcome change given the unfortunate and substantial increase in the prison population.

We must radically change the way people are incarcerated and the rehabilitation measures or lack thereof in the prison system. As previous speakers noted, prisons often serve as universities of crime because prisoners learn new tricks of the trade, to put it mildly.

It is unfortunate that individuals involved in business who have been unable to meet their tax liabilities or pay fines have received custodial sentences. Given the serious economic downturn, many businesses, especially sole traders, are finding conditions difficult and falling into arrears. Many of them receive letters from Revenue threatening custodial sentences. Such cases merit community service orders rather than custodial sentences. Most of those involved are not criminals but hardworking people who have fallen into arrears for various reasons. While I do not condone the non-payment of tax, this issue must be addressed to ensure ordinary, decent hardworking people are no longer frightened by threats of custodial sentences. We must not criminalise such people, stifle their initiative or deter them from returning to business.

Custodial sentences have also been imposed on people who have defaulted on bank loans. While I compliment gardaí on the sensitivity it has shown in handling such cases in my constituency, they do not have leeway in such circumstances and must enforce committal orders. I understand that in such cases the individuals in question must serve the full sentence. In contrast, those who are imprisoned for crimes against the person and various heinous offences may be given early release. To make matters worse, persons who have defaulted and are sentenced to custodial sentences may be taken to court by a financial institution on their release with the result that they may serve another custodial sentence. Those who have been incarcerated for other crimes pay the price and, other than having a criminal record, they are no longer punished after their release and do not face the prospect of further custodial sentences for the same offence. I am aware of cases in my constituency of young business people who were threatened with being brought before the courts again on their release from incarceration. I ask the Minister to address this matter because it is highly unfair.

I welcome the legislation as it will deliver cost savings. The cost of a prison place is substantial. While I do not condemn prison warders or the Prison Service as they do a hard job, the system is clearly not working and needs to be fixed. One of the positive aspect of community service is that it not necessary to interrupt an offender's education and employment while he or she is doing it. Many community organisations benefit from community service orders. They include tidy towns committees, therapeutical and creative groups and, in the case of my constituency, the Presentation Convent in Clonmel which operatives a successful and beneficial scheme. I look forward to the Minister's response.

See this speech in context