David Cullinane (Sinn Fein)

I welcome the Minister back to the House. The Bill has the support of my party. It is interesting that there is sometimes an unfair characterisation of the differences between those on the left in politics in Ireland and those on the right on the issue of prisons, how we deal with crime and sentencing and alternatives to imprisonment. It is sometimes perceived to be the case that those on the right favour prison sentences and stricter sentencing, while those of us on the left are seen as advocating a different approach. The Bill which contains good provisions provides an opportunity to engage in a wider and timely debate on sentencing and prison policies in general.

I take the opportunity to do something I have not done since I was elected to the House, namely, commend the Fine Gael, the Labour Party and Fianna Fáil in equal measure for their collective input into the Bill. It is important that legislation of this nature have the support of all political parties in this and the Lower House.

At at time when we are facing up to the reality of an already overcrowded prison system, when prison numbers, unfortunately, are continuing to increase, when the operational procedures and conditions within prisons are suited more towards punishment rather than rehabilitation and when many are of the opinion that we are not getting good value for money, it is important to debate the future of how we deal with the issue of crime. The recent decision by the Minister to review the viability of the Thornton Hall project is to be welcomed. I congratulate him on initiating the review. It would be prudent if it formed part of a wider debate on future policy on sentencing and prisons.

There must be a complete reorientation of the penal system away from prison and towards restorative justice in the community. This is something which many political parties have advocated for a long period. A number of pilot projects relating to restorative justice have been run in certain towns and cities. Many of the joint policing committees across the State are exploring ways by which the concept of community restorative justice can be expanded and better implemented. Community Restorative Justice Ireland which operates in the North works very well. The Minister will be aware that the entire community restorative justice programme in the North was born out of a different scenario when the RUC was not seen as an acceptable police service. However, the programme has, with the support of the PSNI and other agencies, become part of the mainstream. The community restorative justice programme in the North represents a welcome step away from an approach to dealing with certain crime based exclusively within the criminal justice system. Community restorative justice is often used in dealing with what might be termed lesser crimes.

We should remove prison from centre stage and devise more imaginative, humane, compassionate and effective ways to deal with the petty offenders who form the majority of those sent to prison each year. It is often reported in the media that people are sent to prison for very minor offences. While it is necessary to have sanctions in place, it can be wrong to criminalise people at a very young age. It is often the case that much of the anti-social behaviour that occurs in housing estates and communities throughout the State is engaged in by 14, 15 and 16 year olds. In the majority of cases the community response is to seek to have the Garda to crack down on such behaviour and collect information on the activities of the young people involved which is then sent to the anti-social behaviour officers of local authorities. The approach seems to be to collect as much information as possible on the young people to whom I refer in order that they might be dealt with under the criminal justice system. While there is merit in doing this in respect of repeat offenders and in giving them every opportunity to cease their activities, the tendency among communities seems to be to begin at that point rather than to examine ways by which it might be possible to steer the young people concerned away from committing crimes. Senator Paul Bradford referred to the cycle of disadvantage and fact that one could tell, from an early age, that members of certain families would choose a certain path in life. How to break that cycle is a complex matter. One of the most effective ways of proceeding in respect of those who may not have come onto the radar in the past, whose families might not have a history of violence or anti-social behaviour but who, for whatever reason, engage in anti-social acts is by considering alternatives to the criminal justice or prison systems. Community restorative justice offers one option in this regard.

During the past decade there has been a slow but progressive increase in the prison population. There has also been a sharp increase in the average number of persons in custody on a daily basis. This appears to indicate a slow increase in prison numbers exacerbated by an increase in the number of sentences handed down for minor offences. Many do not end up in prison as a result of the overcrowding problem.

Everyone accepts that those who commit crime must be held accountable for their actions. As a result, the relevant sanctions must be in place and the threat of prison must be real. There are those who must be sent to prison as a result of the nature of their crimes. I am sure Members on all sides will agree that many young people have been criminalised, perhaps unnecessarily, and that there was a failure in the past to deal properly with the issue of community restorative justice. We must learn from our mistakes and ensure we move forward with confidence and imagination and begin to do things somewhat differently.

At present, members of the Judiciary are free to disregard community service orders as an alternative to imprisonment. The Minister proposes to change this in the Bill by making it a requirement that such orders be considered as an alternative. I welcome the provisions proposed in this regard.

I do not wish to delay proceedings because I am aware that other Senators may wish to contribute. I commend the Minister for bringing forward the Bill. I was initially reluctant to become my party's spokesperson on justice in the House. If I had been aware of the sheer volume of work involved or the number of Bills the Minister proposed to introduce, I might, perhaps, have made a different choice. I see more of the Minister these days than I do of my wife and family, which is worrying.