Pa Daly (Kerry, Sinn Fein)

I move: "That the Bill be now read a Second Time."

I am delighted to propose that the Criminal Justice (Promotion of Restorative Justice) (Amendment) Bill 2023 move to Committee Stage. I thank Deputy Quinlivan for co-signing the Bill and Professor Ian Marder of Maynooth University who did a lot of work in helping us to prepare the Bill. I also thank Leigh Daly who worked in my office and the Office of Parliamentary Legal Advisers, OPLA, for its work in helping us along with the Bill.

Many changes to criminal justice are needed, but what better place to start than with something that is a win-win for everyone. I understand the Government is not opposing the Bill and I welcome its co-operative response.

This morning in the newspapers we learned about plans to increase capacity in our jails. Our courts face long delays. Prisons are overcrowded. They are dangerous places to work and also to be incarcerated for prisoners. This is unlikely to help people to achieve their full potential after offending. Meanwhile, victims' services are inaccessible in many places and drastically underfunded. These problems are far from unique to Ireland, but as we seek to move our country forward in health and economic systems, we must also reform criminal justice so that everyone who suffers from crime or experiences the criminal justice system is able to contribute fully to this process.

Restorative justice can help to reset our justice system and this Bill could provide advantages for victims of crime and the wider community and prevent recidivism by those who commit crime. Recidivism rates in Ireland are high, with 60% of offenders committing another offence within three years. That has to be tackled.

The mission statement of An Garda Síochána says its mission is to tackle crime and the causes of crime, but also the fear of crime. We also aspire to have a criminal justice system that will be just, make us all feel safer and meet the needs of victims of crime. I saw first hand when working in the courts, although it was on an ad hoc basis, how meeting the accused person can reduce fear and anxiety in victims. What if our system, as Professor Marder has said, sought to address and repair the damage caused by crime with a view to meeting the needs of those affected? What if all those with a stake in an offence had the opportunity to come together to explore how to make amends for what happened and stop it happening again? We collaborated to draft the Private Members' Bill to try to achieve this and I hope it will promote a process of restorative justice, which research shows helps victims to recover from crime and reduces reoffending.

Restorative justice is when dialogue takes place between a victim of crime and someone who has committed a crime against them in the presence of an independent person who is trained to prepare and manage such conversations. It can be face to face, but it does not have to be and the people involved can also invite other people to support them. The process is voluntary. No one is forced to participate and it is flexible. If one person does not wish to participate or if, for example, a direct victim or perpetrator cannot be identified, it is still possible to offer a process to the other person, with their families, other supporters or members of the community. It has existed for many years and can take place alongside cautions administered by juvenile liaison officers and trained gardaí. It can also occur in adult courts. In some counties judges can refer people to restorative justice between conviction and sentencing. The Probation Service has a restorative justice and victim services unit where trained officers can use restorative justice when people receive community or prison sentences. These services can change people's lives.

The Department of justice funded research by Professor Marder on restorative justice. Case studies showed in his research that it results in high levels of victim satisfaction, helps victims to recover from crime and supports people to stop offending. It also allows victims to be heard, to tell the person responsible how they were affected and express what they think should happen next. To people who have committed offences, this may also be the one process that does not feel designed to bring them down through stigma and punishment. Those people are more likely to pay reparations or engage with support services through restorative justice than if the matter were dealt with through the courts. The problem is that it is rarely offered. There are huge gaps around the country and low levels of use, even of the existing services. Only 400 referrals to restorative justice were made in 2022 and 700 in 2019. We want a proper system.

Funding is essential. It can help the victims of crime who get the opportunity for restorative justice. This Bill will encourages gardaí, prosecutors and judges to refer cases to explore whether this is possible. It will be the first law in Ireland to encourage referrals with no pressure to participate. While existing laws do not prevent cases being referred before conviction, this Bill would explicitly permit and encourage it. Victims would benefit. As an EU report on victims' rights noted, victims can benefit enormously from the opportunity to resolve cases outside courts. If they want to participate they can.

I will conclude there because I am sharing time with my colleagues, but I am glad the Government is supporting the Bill.

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