Bernard Durkan (Kildare North, Fine Gael)

This legislation provides an important alternative to a custodial sentence. I congratulate the Minister and everyone associated with introducing it in the House.

As others have stated, we need to address a number of issues. In some quarters it is deemed that repeat offences bring nothing more than repeat sentences with no benefit to the individual or society. It is an expensive way of dealing with what we like to call minor offences. Unfortunately, growing contempt has been generated by the amount of coverage given to those who appear before the courts for serious and sometimes minor offences. Of course, that is the purpose of the exercise. While the instances of contempt are less common now than they used to be, a couple of years ago people charged with various offences believed it to be their prerogative when appearing before a court to give a sign of contempt to the waiting press and, via that medium, the general public and the Judiciary. Some means must be found to bring it to their attention that they cannot offend repeatedly and hope to get away with it.

Issues arise from anti-social behaviour, about which there have been numerous complaints across the country, albeit mostly in urban areas. However, nothing seems to have been able to combat it and those who have been censured have regarded it as a badge of honour.

In the context of this legislation, we need to bear a number of issues in mind. Careful consideration needs to be given to the type of individual referred for the making of community service orders. For example, it is important that people pay their obligatory television licence fee. However, in the current climate doing so is difficult for some households. How do we encourage compliance in this regard? Provision has been made for the making of instalment payments, etc., but there will always be the odd exception. I hope a person who is not a repeat offender and may, through no fault of his or her own, find himself or herself in a situation that warrants the handing down of a short sentence in lieu of a payment will not be unfairly treated under the proposals contained in the Bill or another system. In many cases, the individuals concerned are not repeat offenders. Will the Minister refer to this matter? A repeat offender is different from the individual who, for reasons beyond his or her control, must serve a jail sentence in the absence of a community service order.

Regard must be had for the nature of an offence, its cause and impact on the offended, be it the State, the community or an individual. Someone subject to a community service order for what could be deemed in some quarters as a personal offence might come into continual contact with the offended person. I understand the Bill covers such a situation. If I am wrong, I hope something will be done to address the matter. In the course of the current debate I hope we can have a general review of our plans for sentencing in combating minor crime, which can ultimately become more serious. The Leas-Cheann Comhairle is looking at me attentively and I suspect I will have to conclude.

See this speech in context