Niall Collins (Limerick County, Fianna Fail)

I thank the Deputy very much for his contribution. I know he has a great interest in this area. He has partaken in discussions on youth diversion before.

At the core of our democratic model is the idea that no policy or proposal is above criticism and that the exchange of ideas that takes place here ensures that new policy and legislation reflects the needs of our people. With that in mind, I thank the Deputies for bringing forward their proposed amendments and for their contributions. I assure them that I have listened and I agree with the underlying aim, which is to improve the way we administer restorative justice. With the right approach, it is possible to further the use of restorative justice to improve the fairness and effectiveness of the criminal justice system for both victims and offenders.

As noted earlier, the proposals are broadly in line with Government policy. On that basis, the Government has agreed not to oppose the Bill. However, the legal advice received from the Office of the Attorney General has highlighted some concerns. As with any new legislation, it is important to commit the necessary time and effort to ensure the provisions will actually do what it is intended and will not cause problems elsewhere or result in unintended consequences. One of the potential unintended consequences of this Bill is the possibility of issues arising with the constitutional requirement for fair procedures in the administration of the law. The provision that proof of involvement in a restorative justice scheme will not be admissible as evidence of guilt in later criminal proceedings may prove problematic where the individual's character is material to a case. If this kind of evidence is not admissible, there is a risk that the courts may not be in a position to appropriately consider all of the available evidence in order to come to a sound verdict.

The provision for inadmissibility could also affect the administration of the Garda vetting system. It is important to ensure that participation in restorative justice schemes does not adversely affect vetting disclosures in cases where this information is relevant. Ensuring the safety and well-being of the children and vulnerable adults protected by the vetting legislation must remain a top priority. At this juncture, it is unclear how the operation of restorative schemes under the Bill would affect the schemes that currently take place after a conviction, whether as part of the conditions of a sentence or otherwise. This is one of several issues that will require close attention if proposals are to be progressed.

The provision for a court to dismiss a charge on its merits after a restorative justice scheme is completed also presents a problem. Dismissing a charge on its merits implies that the essential elements of the offence are somehow deficient so this does not reflect the purpose of the schemes. Restorative justice does not address the components of an offence. Instead, it is intended to mitigate some of the loss, damage or hurt caused to the victim.

I have already outlined the Government's support for restorative justice. We have provided an extra €4 million in funding for the Probation Service this year in pursuit of this commitment, bringing its total funding to €60 million in 2025. Additional money is going towards the expansion of restorative justice and crime diversion programmes, including stepdown facilities and community-based alternatives to imprisonment. Promoting restorative justice is a priority for this Government, as set out in our programme for Government. Earlier, I mentioned some of the progress we have made so far. We are committed to ensuring that this continues apace. The Bill broadly aligns with Government policy in this area. I anticipate further discussion and debate on this subject in the future.

I again offer my appreciation to the Deputies for submitting their proposals to the Dáil for this evening's debate. As this is the last piece of business before the summer recess, like previous speakers I will take the opportunity, on my own behalf and on behalf of the Government and the Fianna Fáil Party, to thank the Ceann Comhairle and all of the staff of the Houses of the Oireachtas for their sterling work. We look forward to coming back duly refreshed after the summer recess. I also thank the staff of the Department of justice, to which I am assigned, for their commitment to the work assigned to us. I also thank the staff in my own constituency office for their dedication and for ensuring we provide a fantastic service to my constituents in County Limerick.

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