Maurice Quinlivan (Limerick City, Sinn Fein)

I thank Deputy Daly and Professor Ian Marder of the criminology department in Maynooth University who helped us to draft the Bill initially. We introduced the Criminal Justice (Promotion of Restorative Justice) (Amendment) Bill 2023 in December 2023. It fulfils several objectives for the State, the victims of crime and alleged perpetrators. If enacted, I strongly believe it will be of benefit to victims of crime, perpetrators and the wider community.

Restorative justice involves a dialogue taking place between the victim of a crime and the alleged perpetrator of a crime with an independent person who is trained to prepare and manage such conversations. These conversations can be held directly or indirectly via the third party. It may not be applicable to all crime and it is a voluntary process for all parties. That is important. A broad range of research has been done, which identified benefits as regards reoffending rates for certain offenders and high satisfaction rates among victims who can express how the crime affected them and seek reparations and commitments from the alleged offender. Restorative justice can work and has worked. The European Forum for Justice showed that there was an 85% satisfaction rate among victims who engaged in restorative justice programmes. In many cases restorative justice can lead to positive outcomes.

This Bill seeks that the option of the restorative justice approach be explicitly encouraged and promoted by the courts between charge and conviction and between conviction and sentencing. The victims of crime legislation allows for discretion for judges. I hope this Bill will clarify the process, offer victims closure and avoid prison sentences by helping offenders through rehabilitation. This can be a key component of our criminal justice system. It currently remains an under-utilised resource.

A mapping exercise by Dr Ian Marder, an associate professor in criminology at Maynooth University school of law, found significant gaps in restorative justice provision. Less than 1% of cases in the State are referred to restorative justice programmes. While there was an expansion of the restorative justice programme in Munster extending these services to Cork and Kerry, the legislative framework needs to be updated.

The Bill we are debating today will encourage gardaí, prosecutors and judges to refer cases to restorative justice providers who would then be tasked with discovering whether the parties involved would like to participate. In addition, while there is currently no obstacle to cases being referred pre-conviction, this Bill will explicitly encourage and permit it, opening new referral pathways. This allows victims to benefit at an earlier stage in the criminal justice process.

During my remarks on First Stage of the Bill, I made mention of shoplifting as an example of the type of crime for which those prosecuted could avail of the restorative justice programme. Shoplifting can be an opportunistic or a more organised crime. During the contribution, I spoke about the feedback the then Committee on Enterprise, Trade and Employment had received from grocery stores and newsagents' representative bodies.

They spoke of their members being the victims of approximately 1,000 shoplifting incidents per week. They spoke of how, often young shoplifters feel as if they can operate with impunity. A young shoplifter may only see the item as one or two that they stole but they do not see the total cost of the impact of the crime on the business owners and their employees, who are often young people. Could restorative make a justice for these offenders and the business owners? Too often, we see so-called petty crime ignite a situation that escalates far beyond the original more minor damage, such as a broken window. Often, these situations escalate due to local tensions and a failure to hold to account those involved in such crimes. The use of restorative justice may temper these situations and ensure that any potential escalation is avoided.

Restorative justice, as I said, can be positive and for victims it also offers them the opportunity to confront the offender, outline the impact of the crime and seek apology. The alleged perpetrator may gain an understanding of how their crime has consequences for others. It may allow them to explain why they committed the offence and it may save them from a custodial sentence. Both the last and the current programmes for Government committed to restorative justice, so we hope this legislation progresses as soon as it can. As previously mentioned, engaging in a restorative justice programme can help avoid penal convictions and in some cases, lead to an avoidance of custodial sentences. As it stands, our prisons are operating beyond capacity. We have in excess of 5,000 prisoners and bed capacity for 4,600. In my own city of Limerick, overcapacity is leading to dangerous conditions for staff and inmates. The women's section of Limerick Prison is 48% over capacity, while the male section is 28% over capacity. The National Commission on Restorative Justice noted that if restorative justice was applied more widely, somewhere between 3,200 and 7,200 cases of restorative justice could take place each year in relation to adults before the courts.

It further projects that between 290 and 579 would be diverted from being given a custodial sentence, leading to a reduction of between 42 and 85 prison places per year. The estimated savings range from between €4.1 million and €8.8 million. Of course we would need to look at these figures in terms of the current data but the point is clear that restorative justice can lead to a decrease in the prison population and a saving for the taxpayer. If we maximise the use of restorative justice, as this Bill will enable us to do, it will result in not only a decrease in custodial sentences, but also significant savings for the State. Any effort that can safely avoid a prison sentence while providing justice to the victims of crime, as restorative justice does, must be considered, as we look to ease the tension and danger that overcrowded prisons can create.

A Department of justice policy paper on restorative justice notes that the use of restorative justice as a response to offending is supported by rigorous international evidence, indicating high levels of victim and offender satisfaction with the process. It also notes positive results for the support of victim recovery and offenders desisting from crime, high levels of compliance with actions that are agreed through restorative justice and strong participation from those offered the chance to engage.

In December 2021, the Council of Europe recommended making restorative justice available for all offences and at all stages of the criminal justice process. It noted that all victims and perpetrators should be given information and opportunities to determine whether restorative justice is the best option for them. Restorative justice can become an important tool in the battle against criminality. It can be an important tool in diverting people from custodial sentences and a life marked by crime. It should be given the opportunity to play a more important role in our criminal justice system. I thank the Minister of State for his attention and his consideration of this Bill.

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