Dáil debates

Wednesday, 28 September 2011

 

Sentencing Policy

3:00 pm

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)

I thank the Office of the Ceann Comhairle for allowing me to raise this most important issue, which has been highlighted once again by recent events. I refer to the jailing and committing to prison of citizens and other residents in the State, many of whom are taxpayers, for the non-payment of fines and civil debt, and in cases of contempt of court. This process, about which there has been considerable discussion in the House over the years, must be brought to an end. It is outdated, Victorian and inhumane. It is a relic of bygone days on which we should look back with no pride. Charles Dickens's father was sent to Marshalsea Prison in the 19th century for the non-payment of a civil debt. At that time, the debtors court existed and it features in most of Dickens's novels. Regrettably, very little has changed since then. It needs to be changed and challenged.

As well as the inhumane treatment of persons by committing them to prison for not being able to pay a civil debt or perhaps for being in contempt of a court order, the committal to prison does nothing to remedy the problem. The cost factor should also be taken into consideration, having regard to our overcrowded prisons and the fact that it costs more than €100,000 per year to keep a person in prison. The average time spent by those committed to prison for failure to pay debt is approximately 30 days. The debt is not in any way purged and there is no benefit to society or the individual in any way.

This has been referred to in many expert reports in recent years, and I commend the work of the free legal aid centres in this regard. I commend in particular the work of prison chaplains and one whose work in this regard has been quite outstanding is Sr. Imelda Wickham, the co-ordinator of the prison chaplains. She stated prison chaplains have consistently called for alternative ways of dealing with unpaid debts: "At a time when prisons are overcrowded it is vital that alternatives be looked at. The penal system does not in any way improve the debt problem." She is absolutely correct.

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