Andrew Doyle (Wicklow, Fine Gael)

I congratulate the Leas-Cheann Comhairle on his appointment and I commend the Minister, Deputy Alan Shatter, for introducing this enabling Bill.

We inherited a Victorian criminal justice system which locked up debtors for non-payment of rent and deported them to Australia and other far-flung fields, although, gladly, we have moved on from that. A custodial sentence is meant to put in prison those who are a danger to society and those who need imprisonment to experience punishment for the crime they have committed and to be rehabilitated. What has been happening is that, due to overcrowding in the prison system, which has been acknowledged by other speakers, nothing functions properly and resources and staff are stretched. Those working in the Prison Service are not unwilling but unable to carry out the duties of proper rehabilitation and prison reform. To introduce a realistic community service provision to the system, and ensure judges in court have an obligation to consider this in the first instance before considering a custodial sentence, is welcome.

The New Zealand figures are interesting in that over 26,000 people there are at any time serving community service orders whereas some 7,500 are serving custodial sentences. As Deputy McHugh said, the default position should not be to imprison people.

The role of the probation and welfare service, in conjunction with community service providers including FÁS, local authorities and community groups, is important in matching offenders with a role that will benefit them by allowing them to make amends for their offence and to learn to appreciate its impact, with a view to ensuring they will not re-offend. At the same time it will ensure there is some benefit to society and to local communities.

While the cost benefit analysis indicates savings will certainly be made, all this means is that scarce resources can be more effectively allocated. Money saved by placing offenders on community service rather than in prison does not necessarily mean there will be money to spend in other areas of the public service; that money will be used in the Prison Service to improve services for prisoners. We must be cautious of having an expectation of cost savings at the end of the year - the reality is that the money will be required, and will be put to better use, elsewhere in the justice system. We must review the resources of the probation and welfare service with a view to reallocating some of them in order to enhance the broader services it provides.

Some 20% of people committed to prison end up there because they have not paid fines. Many of these people require assistance rather than rehabilitation and are mortified and humiliated to have received a prison sentence. For that cohort community service would be a much more appropriate penalty. Repeat perpetrators of other crimes are a different matter and are part of the revolving door phenomenon. A person who is sentenced to less than 12 months for a petty crime knows that because of overcrowding in the system they will serve no more than two or three weeks. In such cases a community service order that will apply for 12 months may be more of a deterrent than a very short prison sentence.

As well as being more cost effective community service may also be more successful in rehabilitating offenders. Such offenders are often unaware of the impact of their actions on others and confronting that reality may cause them to reconsider their activities and avoid re-offending. It is a win-win situation. The community benefits, offenders benefit, and prisoners and those who work with them also benefit because they will enjoy increased resources.

It is welcome that we have, in the first month of the new Government, at least one Bill that has broad acceptance across the Chamber. That is heartening. It is enabling legislation which may not be of major concern to many people but is nevertheless important. I wish those who will be involved in its implementation well and I wish the Minister well. As Deputy McHugh said, he is taking a hands-on approach and is getting stuck into the work. There is plenty to do. We have a Prison Service that is overwhelmed and archaic and this is an important step in addressing that.

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