Patrick O'Donovan (Limerick, Fine Gael)

I assure the Ceann Comhairle that I will not available of all 20 minutes. I welcome the opportunity to contribute to this debate because from my perspective and that of many recently-elected Members, a number of public order issues have arisen in our constituencies at a local level in housing estates and so on that have caused massive problems. I refer to people being kept awake at night or having damage done to their property, as well as general causing of nuisance and so on. In many cases, people feel powerless when seeking assistance from their public representatives or from the Garda.

From my experience as a member of the joint policing committee in County Limerick in recent years and from speaking to practising solicitors in the District Court in County Limerick, I have noticed the volume of people who come repeatedly before the courts for what might be called petty or minor crimes and that the same people appear time and again. However, it can be an extremely difficult experience for the victim who must endure what might be called a minor crime. As recently as last week, I encountered a constituent who is a widow and who lives alone. She is being kept awake constantly at night because of youngsters who know they are acting irresponsibly and know they are driving her mad. Although they are aware they are behaving in a completely unacceptable fashion, they seem to get off on it. Moreover, they know she will not go to the Garda because she is petrified. Were she to complain to the Garda, she would be obliged to make a statement before anything could happen. It is a vicious circle.

The legislation introduced by the Minister is part of a series of measures that seek to tackle such crimes against people. In a previous Dáil, an exponent of zero tolerance promised Members the sun, moon and stars in respect of what would happen in the criminal justice area but of course that did not happen. There was much talk of zero tolerance, from which came discussion on anti-social behaviour. From my perspective, the latter is a nice way of dressing up in a crime against an individual. It might involve depriving someone of their sleep and while some may not regard this to be important, such deprivation is a huge imposition on those who must get up for work at 6 a.m.

The Bill being sponsored by the Minister will oblige judges to consider community service for those crimes that would incur a penalty of a prison sentence of one year or less. This is a positive measure because if one examines the Irish penal system's recent past, one need only consider those who return to it on a repeat basis. The figures for committals speak volumes when one notes the number of people who wind up in the prison system for crimes that will fall under the ambit of this Bill. Although the Minister stated that this legislation would be cost-neutral, I believe that ultimately, it will lead to a considerable cost saving to the Exchequer. One inevitable consequence is that there will be a freeing-up of prison spaces because of the numbers of people who no longer will serve prison sentences, which in turn will exert less pressure on the State to take up some of the options that were being pursued by the previous Government, namely, the creation of two super prisons. I welcome an aspect to which my colleague, Deputy Buttimer, referred, namely, the willingness to consider what will be covered under the community service orders. However, will the Minister take on board one matter of which I am conscious? I hope the courts will be cognisant of the possibility of an interaction in the community between someone who is on community service and his or her victim. We do not want a bad situation made worse by the victim or the person who reported the offence being intimidated. There will be a degree of temptation. Most of those on community service orders will be repeat offenders. The statistics speak for themselves.

Deputy Buttimer referred to rehabilitation, which is essential. People must feel that they are giving something back to society. Speaking as a teacher, the sad reality for many children is that they get into a rut and wind up before a District Court when they are older. Some of them are on a path to crime from the age of six or seven years. During the coming years, the Government will face the challenge of breaking that cycle via the Departments of Health and Children, Education and Skills, Transport, Tourism and Sport and Justice and Equality.

The Government advocates support for the Garda and its fantastic members. People who are pursued through the courts cannot be put anywhere currently, which means they are out on the street and causing further problems. This Bill will give offenders an opportunity to repay their debts to society in public, so people will see that doing the crime means doing the time.

Deputy Buttimer was correct about the initiatives in his area. I can see some of the benefits that would accrue in my area, particularly given the difficulty in accessing funding for local authority work on parks, amenities and so on. As regards other countries, the research from New Zealand speaks for itself, in that community service orders have proven successful.

The initial statement in the Bill is that the orders do not constitute a major change, but that is wrong. To the many people who contact me, other Deputies and local councillors, this provision will make a difference. Where they have been victimised, they will see penalties being served by the people who perpetrated acts against their communities. This must be welcome.

As I have not had an opportunity to do so yet, I wish the Minister well in the coming years. This is a significant challenge. As for all line Ministers, financing will be a difficult issue for him. This Bill is cost neutral and the initiatives it contains will help. Given the good will built up by the Government by taking measures like this, there is an opportunity to make a real difference in the area of criminal justice. I commend the Bill to the House.

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