Seanad debates

Tuesday, 26 July 2011

Criminal Justice (Community Service) (Amendment) (No. 2) Bill 2011: Second Stage

 

7:00 pm

Photo of Paul BradfordPaul Bradford (Fine Gael)

I welcome the Minister. If he continues to process Fianna Fáil-inspired legislation in such a favourable fashion, I am sure we will make great progress. I appreciate that perhaps the genesis of the legislation came from the last Government, even though it was interesting that the Minister said - I am sure it was not self-praise - that back in 1982, he introduced the concept of community service by way of a Private Members' Bill. Much water has flowed under the bridge since then.

If one looks at the statistics, it is fair to say that the concept of prisons and the Irish Prison Service has not been particularly successful. There is a high level of re-offending and prison has become a university of crime for many offenders. People imprisoned for relatively minor offences meet more hardened criminals in the system, come out of jail and commit more serious offences. It would be helpful to try to break that cycle.

There is this equation that the Minister for Justice and Equality and the Government are only doing a good job if they manage to provide more prison spaces, and we have had a debate on Thornton Hall. I remember in the other House in the mid-1990s or so when consideration was being given to the building of a prison in Castlerea. For 12 months or so, it appeared that the prison would not be built, perhaps because of Government finances. It would probably only happen in Ireland but there was a protest march in the town of Castlerea in favour of the prison. It could be said that there is a marching tradition in Roscommon.

If one looks at the statistics - the Minister has done much work on this - one would have to recognise that prison has not been an appropriate remedy for every offender and the concept of community service is wise. The Minister's decision, by way of this legislation, to try to extend community service will lead to very positive results. If we can try to build on community service and, in particular, try to build a broader and better educational perspective into it, it could genuinely change people's opportunities, careers and lives.

The work done by those on community service is valuable. The situation in Athlone was instanced but we should aspire to ensure that every person who undertakes community service is very much linked into the educational system as well. It is fair to say that many of these people come from disadvantaged and socially challenged backgrounds. Many people sentenced for minor crimes would not have good educational qualifications and, in one sense, one could almost write their life story. If one can intervene through education and try to ensure the community service involves a significant level of input from an educational perspective, that would certainly be very helpful.

The Minister mentioned prison accommodation, to which I referred earlier. We all appreciate there is an accommodation crisis and that many prisoners are being detained in conditions which are not appropriate to the Ireland of 2011. The annual report of the Inspector of Prisons generally portrays a most unsatisfactory situation. Those of us who have read the inspector's reports would have to recognise that progress must be made on prison accommodation. However, we also appreciate that because of the state of the national finances, it will not be possible in the short to medium term to put in place the level of prison accommodation required. In that regard, it is fair to say the Minister's efforts in expanding the community service programme will be beneficial on the accommodation side. I appreciate it is not the primary intention of this Bill but if we manage to reduce the number of people being sentenced for short terms of imprisonment, it will be helpful.

The Minister gave us an indication of the significant cost savings, which are welcome, but the main advantage of community service is that it genuinely gives an offender a second chance and keeps him or her out of the prison system and the crime university which many of the prisons are. If the placement is appropriate, it will allow people to see that there is another route in life - a route of education, work and working within the community.

I take the opportunity to commend the probation officers. They are the unsung heroes of the broader justice system. They work in difficult circumstances against long odds but they have a major impact in helping people to try to chart a way to a more positive future and away from a life of crime. As with many people in the public sector, they do not always get the credit they deserve. They certainly give value for money and whatever resources the probation service requires, we should try to match its needs. Not only does it save money in the long run but it helps to transform the lives of young people, in particular.

I am sure the Bill will be supported by everyone in the House, especially from the point of view of cost and the social benefits to be obtained and in the interests of trying to chart a brighter future and greater opportunities for offenders. It pushes the right buttons in the context of young offenders, in particular. I was interested in what the Minister had to say about the small number of courts or districts in which the community service option appeared to be used. I am not an expert in the field, but I wonder if frequent meetings of those involved in the judicial sphere, at which the range of options available and the penalties that can be imposed are discussed, take place. Is advice given on such matters or is each judge expected to operate on his or her own initiative? It is rather unusual that the majority of community service orders are being handed down in a minority of courts.

This is a matter on which work must be done. From County Cork to County Donegal, there are many communities which would welcome the work that could be done in their localities on foot of community service orders being handed down. Such work would be beneficial on several levels. There is no country other than Ireland in which more community work and greater involvement are required and where more community projects could be initiated. We have the opportunity, through the legislation before the House, to deal with a number of problems and put in place a decent, fair and progressive solution.

It is 30 years since the Minister first brought proposals relating to this matter before the Oireachtas. The Bill represents a significant step forward and I thank him for introducing it. I look forward to its speedy enactment.

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