Seanad debates

Wednesday, 20 March 2013

Restorative Justice Process: Motion

 

7:15 pm

Photo of Michael MullinsMichael Mullins (Fine Gael) | Oireachtas source

I welcome the Minister of State, Deputy McGinley. I compliment Senator Conway on his tabling of this most important motion. I am one of those Members to which the Senator Conway referred, namely, those who previously knew very little about the restorative justice process. This debate has given us the opportunity to learn a great deal about the matter. I was encouraged by the very positive contribution made by the Minister of State at the Department of Justice and Equality, Deputy Kathleen Lynch.

Earlier this afternoon, I searched for a definition of restorative justice. I wish to read into the record one of the definitions I found, which I like. It states:

Restorative justice is a process where all the stakeholders affected by an injustice have an opportunity to discuss how they have been affected by the injustice and to decide what should be done to repair the harm. With crime, restorative justice is about the idea that because crime hurts, justice should heal. It follows that conversations with those who have been hurt and with those who have afflicted the harm must be central to the process.
If someone can discuss with the perpetrator of a crime the hurt that has been caused and if the latter is given the opportunity to express regret, it would certainly be a move in the right direction.

The victims of crime must be at the centre of our justice system. We all know people whose lives have been damaged and changed for ever as a result of their being the victims of crime. I refer to those whose homes were burgled, who were assaulted or who were the victims of anti-social behaviour of any kind. We must ensure, in the first instance, that the Garda Síochána is properly resourced in order that it might prevent the commission of crime. When a crime occurs, however, in the aftermath the victim must be in a position to be satisfied that justice has been done and has been seen to be done. As the Minister of State, Deputy Kathleen Lynch, acknowledged, this is not always the case. Victims often do not have the opportunity to have their say in court. Likewise, perpetrators are not given the opportunity to apologise to victims in court.

With the exception of serious crimes, I am firmly of the view that - particularly in the case of young offenders - alternatives to prison should be considered. The prison system is completely unsuitable for vulnerable young people. There is a real chance that bad influences within that system may result in such individuals becoming repeat offenders and, in many instances, living a life of crime. It was stated that the cost of keeping someone in prison is ¤65,000 per year. That money is being spent on keeping a system which does not work in operation. A restorative justice system could cost as little as ¤3,500 per offender and could possibly give rise to much more satisfactory outcomes.

In the context of the debate in which we are currently engaging, we must ask why young people find themselves acting outside the law on so many occasions. Is it because they did not engage with the education system, or do factors such as family circumstances, social deprivation and a lack of employment opportunities come into play? I am of the view that the lack of employment opportunities is a real issue.

The key to reducing crime among young people is the provision of opportunities to work and to do something meaningful with their lives. I welcome the youth guarantee scheme initiative which will ensure that when finishing secondary school young people will have an opportunity for further education, training or work experience. Over the years when I worked in industry I had the opportunity to give employment - long-term employment in some cases - or work experience to young people who found themselves outside the law and who had committed crimes. When they engaged with people in a work environment and where people looked out for them and cared for them, their lives were turned around. This is the outcome we want from a restorative justice system.

The Ballinasloe Training Workshop, or Canal House, as it is also known, is in my home town of Ballinasloe. It is operated by the Probation Service in conjunction with the Department of Justice and Equality, FÁS, County Galway VEC, the local community and the Courts Service. Its aim is to enable offenders to re-integrate into society through the provision of training and employment opportunities, to reduce re-offending through the provision of alcohol and substance misuse awareness programmes, supplemented by appropriate workshops and one-to-one sessions, and to develop restorative community projects with organisations such as the Tidy Towns committee and sporting organisations. The programme is working. It is not as extensively used as we would like but I am reliably informed that as much as two thirds of the people who engage with the process at Ballinasloe Training Workshop do not re-offend.

The restorative justice process presents real opportunities to consider alternatives to prison. As a previous speaker said, it needs to be established in legislation. I welcome the Minister's commitment to further this process. We need a national debate on the issue in order to have engagement from the public. Like ourselves, the majority of people do not know what is involved. We need to take the victims' concerns on board because they must be central to the process. Restorative justice offers significant opportunities at a much reduced cost.

I commend Senator Conway for introducing this motion. I hope it will be the first of many discussions in this House on the matter. I urge the Minister to expedite legislation that will provide real alternatives to the prison system and to a penal system that has failed.

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