Barry Cowen (Laois-Offaly, Fianna Fail)

I thank my colleague, Deputy Browne, for sharing time with me. As he and many others speakers have noted, a very similar Bill was before the House in January. It obviously did not reach Second Stage because of the subsequent dissolution of the Dáil. This Bill is almost identical to it, the single exception being a change in the length of prison sentence in respect of which the Judiciary must consider community service from six months to 12. This means the courts will be obliged to consider community service as an option in the case of a greater number of offences.

Community service orders will obviously benefit both the offender and the community. Many speakers have referred to the benefits that can accrue to the community in the form of landscaping, painting and decorating, repairs and so forth. Deputy Browne has outlined the great benefits such an order can have for both the offender and the community or, in the example he mentioned, the local GAA club. This can be replicated throughout the community in various clubs, organisations, associations, initiatives and programmes. This can only be welcomed.

Although this does not necessarily interfere with judges' independence, the Bill requires them to consider the making of community service orders. I ask the Minister to consider adding to this requirement by specifying that, in the event that a judge does not acquiesce to the Bill's intent, he or she may offer in writing the reason in a particular instance an order was not put in place. This could be of help to the Minister and his departmental officials in the evaluation of the success or otherwise of this initiative in the coming years. It would also allow the Minister and his officials to make improvements, where necessary, where they become apparent by virtue of the various cases in which judges did not see fit to put community service orders in place.

As for costs and the much quoted value for money and policy review of the community service scheme of 2009 which I presume was carried out in preparation for this Bill, it is estimated that the cost of a community service order is approximately €4,300, as opposed to the cost of a prison sentence of more than €27,000. This constitutes a huge variation and difference. While this or any such legislation should not and cannot be based solely on cost, it must be a serious consideration, especially in the current climate. Moreover, based on the success experienced in other countries in this regard, the cost savings and value for money achieved for many years thereafter are even greater. This has been shown by many speakers in the comparisons of the successes experienced in other countries.

Earlier this week the Minister mentioned his great shock and the awe he felt in consideration of the cost of the new prison and so forth. Schemes such as this, as well as many more innovative measures that I am sure the Minister will bring to bear based on his experience in this sector, can bring about further savings and alternatives to what has become the historic norm. Having been an esteemed Member of the House and involved in this area for many years, the Minister can have the impact he seeks as the expertise he can bring to bear should bear fruit. I wish him well in this regard and I am sure he will have the support of other Members who have spoken about the thrust of the Bill.

As for the aforementioned costs, Deputy Browne noted the savings that could have been made in 2009 alone in respect of those sentenced to six months or less. Were there to be a similar correlation in the context of the provisions of this Bill, there would be further savings of between €14 million and €17 million.

The main benefits to offenders include the ability to remain in education, if applicable, the ability to remain part of their families and communities and the ability to make amends for their actions.

I will use this opportunity to ask the Minister a question about an issue I encountered while canvassing during the general election. A young lady who was studying nursing became involved in a minor altercation and received a suspended sentence for her part in it. Thereafter, she was not allowed to continue pursuing her lifelong ambition. It is unfortunate that there is no recourse to legislation in such instances. I am not a legal brain, but is it possible for a person to apply to the courts for a retrospective community service order to repay his or her debt to society in a case involving a misdemeanour? In the example I have given this would allow someone who was lucky enough to obtain a place to pursue a great vocation.

The Bill positively addresses a serious issue for society, namely, overcrowding in prisons. In preparing for this debate I read the comments of various interested parties. The former Governor of Mountjoy Prison, Mr. John Lonergan, stated overcrowding was the most pressing issue in the whole prison system. He went on to state: "As a first step in dealing with overcrowding, one of the first priorities must be to stop using prison for short-term sentences." This Bill, as instigated by the previous Government, is the first step along that road. Like Deputies on all sides of the House, I am glad the Minister has introduced it so quickly and wishes to make a positive impact on figures that are both depressing and a significant cost burden on our finances and society.

Other countries have taken the course of action proposed in the Bill and seen ample positive outcomes and much support for the positive impact on their societies. We wish to replicate their success in this jurisdiction. In England and Wales the move away from short sentences has been publicly supported by the Prison Governors Association. According to the reconviction figures, 15% fewer of those issued with community service orders reoffend compared with those who have received custodial sentences. This is a further reason for us to accept and commend the Bill. In 2007 a milestone was reached in Scotland when the number of community service orders exceeded the number of prison sentences handed down by the courts.

This Bill is what one might call a no brainer. It has the ability to affect the offender, the community, the public purse and society positively. I congratulate the Minister on introducing it so quickly. Of 20 Bills, it is one of 17 that Fianna Fáil originally introduced in government. Apart from that political kick, I commend the Minister, the Bill and the increase in the length of sentence from six to 12 months. Will the Minister address the two issues I have raised via amendments to the Bill?

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