Alan Shatter (Dublin South, Fine Gael)

For the reasons already given, I cannot accept the Senator's amendment, although I accept his good intentions in putting it forward. The Judiciary is obliged to comply with legislation enacted by the Houses of the Oireachtas. As such, it is important, in enacting legislation, that our intent is clear and that we do not create unnecessary difficulties or anomalies.

Leaving aside the technical problems that arise, the amendment makes reference to the provision of a written statement, not simply the giving of reasons. I certainly hope that where a judge has open to him or her the consideration of sentencing an offender to a term of imprisonment of one year or less and where he or she, notwithstanding the obligation imposed by this legislation to consider first a community service order, decides to impose such a sentence, reasons will be given for the decision. It is part of the concept of the administration of justice in this State that reasons should be given in respect of judicial decisions. It may not be necessary to do so in writing, but it is important that it be done. That information helps us to develop an understanding as to the application of legislation and, in this instance, an understanding of the rationale behind decisions to impose a prison sentence as opposed to community service or other possibilities such as fines or the application of the Probation of Offenders Act.

The essential objective of the Bill is to provide, within our courts system generally but particularly at District Court level, a uniformity of approach in regard to sentencing and the application of the community service orders scheme. It is my hope that the enactment of the legislation will produce that uniformity. The probation and welfare service will be called upon to prepare reports on the implementation of the community service orders scheme and that will provide a useful national oversight as to the extent to which the scheme is being uniformly applied. As I said yesterday, research has indicated that a significant small number of courts were producing the overwhelming majority of community service orders while, in other courts, a community service order was something of a rarity. These provisions will come into force in September, after the legal vacation has ended. With the assistance of the probation and welfare service, I hope an oversight of the working of the scheme will be available by the late autumn of next year. Should there prove to be any difficulty with the working of this legislation or should we discover it is not being utilised in the way envisaged, I assure the Senator that I will revisit the issue.