Dáil debates

Tuesday, 22 January 2019

Criminal Justice (Mutual Recognition of Probation Judgments and Decisions) Bill 2018: Second Stage

 

7:50 pm

Photo of David StantonDavid Stanton (Cork East, Fine Gael) | Oireachtas source

I listened with interest to the Deputies' comments on the Bill and I thank all Members who contributed to the debate. As I had indicated in my opening remarks, the primary purpose of the Bill is to implement the EU Council Framework Decision 2008/947/JHA on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions.

I believe the Deputies have fully realised that the Bill is not controversial and is necessary legislation that is required for Ireland to adhere to its obligations under the EU framework decision. While the Bill is lengthy and quite technical its aims are straightforward. The legislation will enable a person on whom a probation measure or alternative sanction has been imposed to return from the sentencing state to his or her state of ordinary residence without any adverse effect on the measure or sanction imposed, enhancing the prospects of the sentenced person's reintegration into society. These are important measures to assist imposing and enforcing criminal sanctions on non-residents, while maintaining a focus on rehabilitation and reintegration.

Once enacted, the Bill will increase the chances of social reintegration by offenders by ensuring that probation measures imposed on them can be followed up and supervised in the country in which they live. This allows the offender to maintain ties with family, to continue employment or education, and to engage with support services in his or her home country, all of which assist in rehabilitation and reintegration. Successful reintegration reduces the risk of reoffending, improving the protection of victims and society.

The measure is one of a series of EU mutual recognition measures in the area of criminal law. This measure addresses probation supervision and two similar measures address pre-trial supervision and custodial sentences. I am happy to advise colleagues that Bills that will transpose those two measures are currently being drafted and the Government aims to bring them before the House later this year. Together these measures create a comprehensive system to facilitate the rehabilitation of offenders by allowing citizens to return to the member states in which they live during and following the criminal proceedings.

The Probation Service has been actively involved in the preparation of this legislation and has the necessary structures in place to begin operating these new procedures, once the provisions are in force. I join with colleagues in the Chamber who have acknowledged the great work of the Probation Service. It has the full support of everyone in the House in the work it does. We will continue to research and examine these issues to ensure we have the most up-to-date methodologies in place to deal with people who need support.

Reference was made to co-operation with the United Kingdom. The UK opted out of this framework directive and for this reason, these measures will not apply to the UK. The Probation Service will continue to co-operate with the UK authorities on individual cross-Border cases as they do at present. As this is done on an administrative basis, there are limits to what can be done. That is the situation for the information of the House.

I thank Deputies for their contributions. Matters raised in the debate will be considered further in advance of and during the consideration by committee of this Bill. I look forward to further debating the Bill on Committee Stage. I commend the Bill to the House.

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