Jerry Buttimer (Cork South Central, Fine Gael)

Cuirim fíor fáilte roimh an Aire agus molaim é as an Bille atá molta aige inniu. As the Minister observed, the criminal justice system is about more than just crime and punishment. It cannot be focused solely on society exacting retribution from those who are found guilty by the courts. Clearly we must hold those convicted of offences to account in a manner proportionate to the crime of which they have been found guilty and, in doing so, must ensure that, as a society, we recognise the impact each crime has on its victim. However, our courts must also have the option of providing those who come before them of the opportunity for reform and, where the crime is of a minor nature, this should be done without necessarily imposing a term of imprisonment.

At present, the options available to a court range from the use of the court poor box to community service orders and imprisonment. I welcome the Bill that is before us today. I congratulate the Minister for Justice and Equality, Deputy Alan Shatter, on his appointment and wish him well in his tenure. He has commenced his work with great vigour and enthusiasm. The Bill affords an opportunity to expand the use of community service orders. These are provisions which not only deal with punishment, but enable those convicted to give something tangible back to society and allow society to see the positive impact a progressive criminal justice system can have.

In 2010, the total number of community service orders issued by the courts was 1,949, representing a mere one third of the overall capacity available for the use of such orders. The probation and welfare service's Value for Money and Policy Review Report, published in October 2009, shows that just 29 courts account for 80% of the total number of community service orders issued. In other words, community services orders are being significantly underutilised. There are several possible reasons for this. It may be that legal practitioners are not petitioning the courts to grant these orders; it may be that the Judiciary has not been made aware of the spare capacity within the system; and it may be that many of those involved in the justice system do not see the positive impact these orders can have on the individuals involved and the wider benefit to society.

This Bill proposes that the courts must consider imposing a community service order where it has deemed that the appropriate term of imprisonment is 12 months or less. The obligatory nature of this provision will undoubtedly increase the usage of community service orders. Statistics from the Courts Service show that in 2006 there were 4,607 committals on sentences of 12 months or less. By 2009, this number had almost doubled to 9,216. The increase in committals during that period was not matched by an increase in available prison capacity, further burdening a system that was already struggling to cope. If we are to avoid a revolving door prison system, then short of increasing capacity, which has a long lead-in time, our only option is to provide for alternatives to imprisonment where deemed appropriate by the courts.

Last Monday, I attended a meeting of the local policing forum in Cork city where we received a presentation from the Garda outlining figures for juvenile offences in Cork. These show that it is predominantly young men, rather than young women, who offend, with the exception being in the case of shoplifting where 49% of offenders are male and 51% are female. It is important that we examine the figures for juvenile crime throughout the State. It is predominantly petty crime in which young men are engaged. It is imperative that they are encouraged to become active citizens by participating in society and taking ownership of local projects. The problem at present is that they are instead choosing to partake in activities that have a negative impact on themselves and on the communities in which they live.

If these young men are sentenced to serve time in prison they will only be exposed to further criminal activities and will be less likely to become active citizens who play a positive role within local communities. As a former teacher and someone involved in sporting and community organisations I am aware of the onus on all of us to show example, to educate and to reform. The Bill before us today will assist in this regard by encouraging young people, particularly young men, to play a positive role within local communities. The enhanced provisions of the Bill will ensure the option is available to the courts to show these young men the positive impact of participating in community activity with benefits not only for society, but for those who choose to participate. There are many people who would, if given the opportunity, participate in such schemes.

The Bill is timely in that our society is at a crossroads. It offers the courts the opportunity to increase the use of non-custodial sentences and to reduce the burden of over-crowding within our prison system. If the community service order system were used to its full capacity, it could take 3,800 prisoners out of our prisons, immediately reducing the problem of overcrowding. As the Minister outlined, the provisions are cost neutral. Given the financial constraints under which this Government has been forced to operate, opportunities to make improvements from within our existing resources must be grasped and used to maximum effect.

The benefits of community service orders for those on whom they are imposed are not simply the avoidance of a custodial sentence and the harsh realities of life in prison. The orders can also provide convicted individuals with an involvement in civic and charitable projects, enabling them to take ownership of such activities and to contribute positively to society. Nor are the benefits of these schemes confined to those carrying out community service; the wider community also derives tangible benefits.

In Cork city and county, at any one time, there are between 320 and 350 people carrying out community service. These people are working on projects that produce visible social benefits to the area. For example, the graffiti removal project that was piloted in Dublin has been rolled out to Cork and is currently in operation in the designated RAPID areas of Togher and Mahon. The projects, which are run in conjunction with the local RAPID co-ordinators, are successful and are making a strong statement with regard to the public realm in both communities. In Mahon, the project is driven by the local community association under the stewardship of the manager there, Mr. Denis Coffey. Within the community of Mahon, a great and commendable initiative to remove graffiti is being undertaken. The success across the RAPID areas has meant the pilot scheme being operated in two areas will hopefully be extended across the city, which constitutes progress.

At a time when there is a need for greater liaison between central and local government, both Cork City Council and Cork County Council are working closely with the probation and welfare service in Cork to ensure the successful completion of works that would not otherwise be funded or carried out. To date, this has included projects such as litter removal, foreshore cleaning, cutting briars and general cleaning, which have had immense tangible benefits in local communities. Moreover, people serving community service orders have assisted many of the local tidy town associations. I met a couple of them last week before speaking on this debate and they speak highly of the community service orders. Young people become involved with the tidy towns groups, assist in preparing streets and amenity areas for the competitions and take pride when given their own small areas and projects to look after. In many areas of Cork city, the probation and welfare service is driving an allotments initiative, which again pertains to responsibility and creating a benefit to committees. In addition, local schools in Cork have benefitted from community service orders through an initiative to paint schools in such areas.

These benefits are not confined to State-funded bodies as charitable organisations also are benefiting from the wide use of community service orders in Cork. A local chapter of the Society of St. Vincent de Paul has obtained assistance from up to eight people carrying out community service projects, which enables it to carry out its clothes recycling project. Again, this is of benefit both to the charity involved and to those working within the system and the service. A similar task is being undertaken by participants working in conjunction with the Greater Chernobyl Cause in Togher. Moreover, in my local area of the south-west ward in Cork, elderly citizens have benefited from the provision of kindling made from broken-down pallets by the Togher Community Service Project that are supplied to them when they receive their meals on wheels. These projects are being funded in conjunction with the probation and welfare service. They involve young people who are paying their dues for their wrongdoing by being obliged to participate in activities that are of benefit to the community.

The Criminal Justice (Community Service) (Amendment) (No. 2) Bill will ensure the expanded use of community service orders, which provide much benefit to those participating in the schemes and to wider society. It is important that Members embrace this Bill and understand it can and will have a positive impact that, as the Minister noted, can be achieved on a cost-neutral proposal. It is to be welcomed and it is important that Members send out the right message, namely, the court system is about the victim and the community and about having greater common purpose. When this Bill is enacted as legislation, it will be important that all parties involved within the criminal justice system will ensure that community service orders are used to their maximum effect and benefit. It is important that this Bill be enacted and that there will be an opportunity for rehabilitation and punishment.

While I hate using the word "punish", those who do wrong must be punished. However, as a teacher and as someone who was involved with young people, I have in mind a number of past pupils who have been through the justice system and the important point is that this is about rehabilitation. It is about allowing people to make amends for what they have done wrong and to repay society. The Minister noted that offenders' responsibility will not be forgotten and they will be obliged to pay their dues but it is imperative that prison is not considered to be the only option. It is important to have an alternative that has accountability and which places responsibility on the person who has done wrong and committed an offence. Our communities deserve to be respected and people deserve to live in a society that has respect for law and order. The Bill will change the landscape of how low-level crime is considered. I commend the Bill to the House and commend the Minister on his initiative.

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