Tom Barry (Cork East, Fine Gael)

I congratulate the new Minister, Deputy Shatter, on the first Bill he has brought before the House since he was appointed. As this is my first time to address the Dáil, I would like to thank everyone who worked with me during the recent election for their hard work and their faith in my ability to represent them. I thank the electorate of Cork East for putting their trust in me. I will contribute as best I can to debates on all the issues and challenges we face, both locally and nationally. I particularly thank the residents of my home village of Killavullen, which is probably dear to the hearts of some Deputies as the birth place of Hennessy brandy.

This Bill makes minor amendments and is not a major legislative departure. Crucially, however, it encourages the Judiciary, where the conditions are right, to consider firstly the under-utilised and cost-effective option of community service, which has the potential to improve our society and reduce recidivism. The Irish Penal Reform Trust has established that in 2009, the cost of a staffed prison space was €77,222, or €1,485 a week. Based on 2008 figures, the average cost of giving a community service order to the same offender is €2,500. In 2009, a value for money and policy review found that community service supervisors are currently not operating at full capacity and could accommodate a threefold increase in the number of offenders. We have to address such inefficiencies.

Another potential significant benefit of this legislation is that it may lead to a reduction in the number of people in prison. In April 2010, overcrowding in our prisons reached such a level that more than 800 inmates were freed. There was insufficient space to contain them. The Irish Prison Service has reported that 40% of those in Irish prisons on 4 December 2009 had been committed for offences against poverty and without violence and 17% had been committed for road traffic offences. Potentially, therefore, over half of the prison population does not need to be behind bars. Between 2004 and 2009, the imposition of sentences of between six and 12 months increased by 52.6%, the imposition of sentences of between three and six months increased by almost 60% and the imposition of sentences of three months and under increased by an incredible 187%.

Just 28 courts in this State are responsible for 80% of the community service orders that are imposed. That is an indication of the extent to which this alternative is under-utilised. In other jurisdictions, such as New Zealand and Scotland, consideration must be given to community service, fines and compensation before imprisonment is contemplated. Imprisonment is currently the default sentence in Ireland and community service is a discretionary alternative. It is hoped that this Bill will help to change that mindset. In the first instance, it will save us money. We cannot continue to send people to prison for minor theft offences, non-payment of fines and other lesser, non-violent crimes. It is simply a waste of money and does little to reduce our overall crime rate figures. The Irish Penal Reform Trust in welcoming the Bill argues that community service allows offenders to remain in work or education, maintain family and community connections and provides a form of reparation and compensation for both victims and communities. If somebody steals from my business premises, am I better served if they serve an expensive prison sentence and become further alienated from society or if they actively improve our environment? In particular, the issue of imprisonment for non-payment of fines can be addressed through the implementation of the Bill.

Section 18 of the Fines Act 2010, amending the Act of 1982, provides that those who are unable to pay a court-sanctioned fine by due date could be considered for community service order. Now, under the terms of this legislation, these people must first be considered for a community service order before imprisonment can be considered. This is a vital step in the right direction for the citizens of this country, who are rightly angry at the imposition of prison sentences on their friends, family and neighbours, who are crippled financially through no fault of their own.

Finally, if community service is to be used more often, and extra people are to be channelled towards this route, it is imperative the work allocated to people is worthwhile, both to the individual and the State. Historical statistics of particular socio-economic groups being unable to pay fines may not tell the true story from now on, as financial hardship has hit virtually every family and small business in the State. The challenge now is to allocate as appropriately as possible the skills and interests of offenders to the community service work - we must match the skills to the task. Community service has the potential to highlight to many offenders the value of community and civic spirit, and it can address the problem of detachment from society.

I welcome what is a good Bill which moves with the times. I look forward to seeing it implemented in the spirit in which it has been introduced.

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