Alan Shatter (Dublin South, Fine Gael)

As the Deputy will be aware, the biggest volume of crime in Ireland is tried in the local District Courts which are established pursuant to the Constitution as courts of local and limited jurisdiction. Some jurisdictions also have developed what are sometimes referred to as problem solving courts. Models include community courts, drug courts and restorative programmes. These can vary in character but generally incorporate a combination of sanction for the crime, assistance in rehabilitation and reparation to either the victim or the community in which the offence took place.

Some years ago the National Crime Council published a report entitled, Problem Solving Justice, the Case for Community Courts in Ireland. The report examined the position in the United States and the United Kingdom to ascertain how such courts worked in practice and made recommendations for the establishment of a court on a pilot basis. These recommendations have not been implemented to date and, as the Deputy is aware, are potentially resource-intensive.

There are, however, a number of restorative justice options in operation, including two structural projects based in Nenagh and Tallaght that represent problem solving approaches. Community courts also share many of the characteristics of the Dublin Drug Treatment Court which has operated in the north city centre area for some years and was expanded significantly in 2011. I am considering the possibility of its further expansion.

There are a number of non-custodial sentencing options available to the courts, including suspended sentences, community service orders, fines, compensation orders and probation orders. I am informed the number of community service orders increased by almost 40% in 2011 compared with 2010, with 537 orders being made in the final quarter of 2011 following the commencement on 1 October last of the Criminal Justice (Amendment) Act 2011 which introduced a requirement for judges, when considering the imposition of a sentence of 12 months or less, to first consider the alternative sanction of community service. As the Deputy is aware, community service generally is carried out in the local community, of benefit to that community and costs taxpayers a good deal less than a term of imprisonment.

Additional information not given on the floor of the House.

While the scale of restorative justice initiatives in Ireland is modest, this must be viewed in the context of Ireland's very small prison population. It is worth noting that, according to the Courts Service annual report for 2010, just under 5% of offences heard in the District Court resulted in terms of imprisonment.

In my address last year to the Irish Penal Reform Trust I outlined my commitment to developing workable alternatives to custody which promoted a balanced but targeted rehabilitation of offenders. Since coming to office, I have prioritised a number of relevant initiatives, including the development of a national anti-crime strategy that is at the last stage of preparation in my Department. In addition, a number of key recommendations contained in the Thornton Hall review group report that I published last July are receiving priority attention in my Department, most notably the introduction of an incentivised scheme for early temporary release, under which offenders who posed no threat to the community would be offered early temporary release in return for supervised community service. A further recommendation was the establishment of a strategic review of penal policy which would incorporate an examination and analysis of all aspects of penal policy, including prevention, sentencing policies and alternatives to custody. I intend to establish a working group to further this work in the near future. Work is ongoing to ensure full implementation of the Fines Act 2010.

As the Deputy acknowledges, the introduction of community courts has resource implications, mainly in respect of the intensive multidisciplinary team required by such a court. In the context of the other related developments I have mentioned, I have no plans to choose community courts. It is, however, an option I will keep under review.

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