Seán Kyne (Galway West, Fine Gael) | Oireachtas source

I, like others, commend Deputy Halligan on his Bill. It takes a great deal of work, effort and research to publish a Bill such as this. I commend him on the effort he has made. This concept of this Bill is interesting. Many people have different view on the whole area of justice. This measure relates to burglaries and minor criminal offences, not to serious offences. In the case of murder some people have strong views about capital punishment - that people should be locked away in prison and the key thrown away. In the case of less serious crime, there are people who would query the issue of prison versus rehabilitation versus community service and the like. It is an interesting debate and concept and one that can be examined further.

The principle of restorative justice is to hold the offenders to account and to give them an insight into the real impact of their crimes. We hear of victim impact statements in court and the harrowing reports that are made about crime. It is important that offenders realise and accept that.

It would also allow victims to get answers from offenders and receive an apology. Studies have shown restorative justice delivers up to 85% satisfaction to victims who participate in programmes. Older studies show mixed results, but more recent studies show it can reduce recidivism by up to 14%, which is a positive result. It is not designed to replace existing criminal justice proceedings, but it can be an alternative for minor offences and, alongside the criminal justice system, deliver benefits.

The concept is based on who has been hurt, what needs arise and who has the obligation to address these needs. The stakeholders are those who have caused harm and their families, those who have been harmed and their families, and the community at large. Under existing law such as the Criminal Justice Act 1993, there are statutory powers to order a person convicted of an offence to pay compensation. The court may also make a compensation order. Arrangements for compensation payments to the District Court include an attachment of earnings order. It is also open to a person who has suffered personal injury to pursue a civil claim.

It is worth examining the position in other countries, including New Zealand, where much work has been done on this issue. It began with the introduction of family group conferences for young offenders through legislation in 1989. Three Bills have been passed giving greater recognition and legitimacy to restorative justice, encouraging its use where appropriate and allowing and requiring the restorative justice process to be taken into account in sentencing and considering parole. Pre-sentencing conferences in district courts now form part of the most common restorative justice process operating in New Zealand.

I am concerned about a number of issues with regard to the Bill, including the consent of victims. A victim may not want to receive compensation and may be of the view that by paying compensation the perpetrator is buying his or her way to a reduced jail sentence. This is of concern, but there is a precedent for it. There are also issues to do with the Garda. We know gardaí are under a lot of pressure and under the Bill, they would be required to ascertain the cost of reparation. There may be differences of opinion between the offender and the victim. Will there be recourse to appeal? Will the Garda's decision be final? I have concerns about resourcing. Issues are also raised about the age of offenders if children are involved and also with regard to persons with a mental illness.

The Government has plans in this area. As Deputy David Stanton stated, the criminal justice (community sanctions) Bill is with the Oireachtas Select Committee on Justice, Defence and Equality. I understand it deals with limited and specific restorative justice measures with regard to District Court proceedings for minor offences, including minor assault and minor criminal damage, where the offender accepts wrongdoing and offers reparation.

The general thrust of the Bill is positive and I welcome it. I welcome Deputy John Halligan's role. I am sure that with his consent some of the ideas could be taken on board and brought into law.

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