Clare Daly (Dublin North, Socialist Party)

I welcome this Bill, which is a first step on the road that needs to be taken to radically overhaul sentencing policy. The only policy pursued in the past decade or more has been one of penal expansionism. In the past 15 years, we have seen the number of prison places increase by more than 1,900 and the largest prison building programme in the history of the State. Despite these measures, overcrowding continues. Have additional places and prison overcrowding made society a better place, protected victims of crime in any way or reduced reoffending among those who have been incarcerated? All of the evidence suggests it has not done those things. Not only has the policy that has been employed not worked but, as other Deputies have said, it has been pursued at an enormous cost to the State and the individuals who have interacted with the system. As a necessary and important first step, therefore, we should provide for an obligation to consider community service as an alternative to sentences of less than 12 months.

I have seen figures that show there has been an increase in committals of less than three months. In 2009, almost 6,000 people were given such sentences, which have been proven to be ineffective. In the same year, some 3,601 people - approximately one third of the prison population - were given such sentences or committals following road traffic accidents. It is obvious that this situation is ridiculous. This new policy will help to reduce some of those figures.

I want to make to a few points about the importance of this Bill for women. In general, women find themselves in prison as a result of poverty, drugs or abuse. As their crimes tend to be non-violent, they pose a lower risk to society. We need to consider the disruption and distress that is caused when women are removed from their families, including their children. That adds to the likelihood that certain problems will increase in the future. If one examines Irish sentencing history, one will learn that it used to be unusual for women to end up in prison. Until the 1980s, the usual number of women in prison in Ireland was just three or four. The number rarely reached double digits. That was more appropriate. Given the nature of the crimes for which most women are imprisoned, I suggest the imposition of custodial sentences should be an exception.

It is appalling that the women's prison in Limerick is proportionately the most overcrowded prison in this country. Although there are just ten places in the prison, I understand that 20 women regularly have to share the space. There have been many instances of 30 women having to live in that environment. The Dóchas Centre came to prominence last year when its governor, Kathleen McMahon, resigned. She said it was "impossible" for her to continue because of the overcrowding that existed at the prison. The Dóchas Centre was supposed to be a model of new thinking but instead is accommodating 140 women in a space that is supposed to accommodate 85.

I spent a month in the Dóchas Centre prior to the reports of overcrowding and before the introduction of the current practices of confining women to such small places, doubling-up and stopping some prisoners from making telephone calls to their families and children at home. Every parent is familiar with the difficulties that have to be dealt with as we try to do our best for them. We are storing up huge problems for the future by cutting people off from their children and not allowing them to make telephone calls to touch base. I do not think it is an appropriate approach. As the prison sentences given to women tend to be shorter, which is a reflection of the nature of the crimes for which they are imprisoned, it is likely that this Bill will disproportionately benefit women. It is positive, in that sense, and I hope that is what happens. However, it needs to be seen in the context of the need for a broader independent review of custodial sentencing policy, particularly with regard to women.

I would like to mention some important figures which are a little old. In 2005, the Central Mental Hospital reported that 60% of women in prison had mental health problems and 16% had seriously depressive conditions. We need to invest in services for such people in deprived communities, where many of those who end up in prison come from. Funding is needed to combat violence against women, abuse and all of the circumstances that lead to people being incarcerated. I emphasise that the economic policies being pursued by the Government are part of the problem. They will bring about more poverty and ultimately result in more people ending up in prison. We need a broader review.

I want to make two brief points about community service. It is important that people are given a chance to repay society and to understand the negative impact of the activities in which they have engaged. Community service can be an important addition to the community. We have to be careful to ensure it is not used to undermine real and proper jobs. It should be used to assist the voluntary sector. Those who are required to undertake community service can do important work. It has to be financed. The probation budget is minuscule by comparison with the overall budget in this area. Just €2.5 million of the overall budget of €50 million goes to community service. Everyone has expressed verbal support for this proposal, but if we are to give it the backing it needs, we need to provide the necessary funds to make it a reality. I would like the Minister to address some of the points I have made.

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