Dara Murphy (Cork North Central, Fine Gael) | Oireachtas source

I very much welcome the opportunity to be here for this debate. I am glad that Senator van Turnhout said I had a calming effect on this Chamber. I hope that will remain the case after I complete my speech. After the two amendments we had to earlier debate on legislation, perhaps it will be a case of third time lucky.

On behalf of the Minister for Justice and Equality, Deputy Frances Fitzgerald, who cannot be here but has been very engaged with this matter, I thank Senator Bacik and her colleagues. The Minister personally asked me to do that. I welcome the observers and stakeholders and thank them for attending and for their interest and input to date. This motion offers a welcome opportunity to address the very important issue of penal reform, and in particular to discuss the reports of the penal policy review group and the Oireachtas Joint Committee on Justice, Defence and Equality chaired by Deputy David Stanton.

As Minister for Justice and Equality, my colleague, Deputy Frances Fitzgerald, is committed to a programme of comprehensive reform in the administration of criminal justice in Ireland, including in particular reform in prison and penal policy. She believes this reform will contribute to a safer, more efficient and more equitable criminal justice system in our country.

We welcome the penal policy review group report and thank the chairman, Mr. Michael Whelan, and the members of the group for putting it together. As Members will be aware, the review group was established in September 2012 and tasked with carrying out a strategic review of penal policy, taking into account the relevant work carried out in this jurisdiction and elsewhere. The rights of those convicted of crimes, the perspective of those who are victims of crime and the interests of our society in general were also to be considered. The group was asked to make recommendations on how a principled and sustainable penal system might be further enhanced, taking into account resource implications, constitutional imperatives and international obligations, some of which we discussed earlier. It is clear the group adopted a progressive but pragmatic approach and its recommendations will make a positive contribution to a more progressive penal policy in Ireland. The report sets out a roadmap for the strategic development of penal reform into the future, which will help modernise and shape how we as a society deal with some of the most complex issues involved in criminal justice and penal reform policy.

The Minister for Justice believes our future penal policy must be focused on two key goals: punishment and prevention. The societal need for punishment to be served must be met, but the proven potential to reduce crime through reducing re-offending must also be grasped. The review group provides its own statements on these two goals. First, it states that while imprisonment should be regarded as a sanction of last resort, none the less, in line with the principle of proportionality, there are offences for which imprisonment may be the only appropriate sentence. Second, it states that the overarching purpose of criminal and penal policy should be to make Ireland a safer and fairer place.

It further states that any penal system which does not aspire to a reduction in offending is failing in its purpose.

The review group goes on to identify rehabilitation and reintegration as a core principle and significant factor in reducing crime and considers that such aims are best achieved in a non-custodial environment in so far as is possible. What this also means is that while prisons will remain part of the answer, prison will not be the only answer. The Minister, Deputy Fitzgerald, believes strongly that we need to move on from the Victorian penal approach to punishing prisoners with a set prison sentence. Similarly, we need to move away from what has been seen as a revolving door of prisoners going in and out of prison. Revolving door policies do not work and simply locking up offenders does not work either. They do not work for the persons involved or for our society. Let me be clear, the Minister, Deputy Fitzgerald, is determined that serious offenders and serial offenders must continue to be imprisoned. Public safety is of paramount importance and she is absolute about this. Society expects and demands nothing less. She is also clear in her view that prison is not the only solution when it comes to those convicted of lesser, non-violent offences. Why should we send such persons to prison, at a high cost to the taxpayer as Senator O'Donovan and others mentioned, into a prison environment where despite all the improvements in recent years, for some, their underlying offending behaviour, not to mention any addictions or mental health problems, may be exacerbated rather than eliminated? Alternatively, we can tackle re-offending head-on by imposing a supervised community sanction with appropriate supports which could see punishment being served but which would also lead not only to rehabilitation but to a reduced risk of re-offending.

Recidivism studies by the CSO have shown that offenders who received either a probation order or a community service order in 2007 and 2008 had a re-offending rate of nearly 50% lower than those who had received a custodial sentence - 41% versus 62%. This shows clearly that supervised community sanctions can help to reduce re-offending, thereby also reducing crime.

The review group was also asked to consider the recommendations contained in the March 2013 report of the Oireachtas Joint Committee on Justice, Defence and Equality to which I will return. The report of the penal policy review group contains 43 recommendations and I will not go through them all now. It proposes the adoption of a penal policy with the dual purposes of punishment and rehabilitation both in the imposition and management of criminal sanctions.

This House will appreciate that while some of the report's recommendations can be implemented in the short to medium term, others will require a more long-term approach. As an initial important step, the Minister for Justice and Equality obtained the agreement of Government in principle yesterday to proceed immediately with the implementation of the following key recommendations. The first is to place the parole board on a statutory basis. The Minister, Deputy Fitzgerald, intends to develop and bring forward legislative proposals to Government providing for a statutory parole board, setting out its functions powers and structure, including how it will fit into the overall criminal justice system. The objective will be for a more effective and streamlined parole process which will be of benefit to the prisoner and the community to which he or she may in time return, but with public safety remaining paramount. A second key recommendation by the group stated that the role of the victim in the criminal justice system should be fully acknowledged and the Minister fully agrees with this. She is absolutely committed to strengthening support for the victims of crime and intends to explore the issue of victim representation on the parole board in this context. She intends to strengthen support for the victims of crime by implementing the EU directive on victims' rights in 2015.

In response to the review group's recommendations on mandatory or presumptive sentences, the Minister has asked her officials to prepare options for consideration by her and Government on a reform of sentencing policy, including a review of the threshold at which presumptive minimum sentences in drugs and other offences apply. The recommendations contained in the Law Reform Commission report on mandatory sentences published in June 2013 will also be considered in that context.

The group recommends that when imposing a custodial sentence a court should set out its reasons, preferably in writing. Department of Justice and Equality officials have now been asked to consider, in consultation with the Courts Service, how best this recommendation can be taken forward.

The group also recommends that there should be a consistent and transparent application of provisions, based on fair procedures, permitting offenders to earn remission of up to one third of the sentence imposed if such discretionary remission is to be retained. The Minister for Justice and Equality recently signed new prison rules which provide a much clearer and more comprehensive basis for the current enhanced remission rate of one third of the sentence.

A question was asked about an open prison for female offenders. The group recommends that such a facility be introduced. I can advise the House that the Irish Prison Service has established a sub-group to examine the possible location of a new open centre for women prisoners. Once the sub-group has reported, it is the intention of the Minister to ask the Irish Prison Service to bring forward proposals on developing such an open centre for female offenders.

Senator van Turnhout asked three questions. With respect to the number of children on remand, as she may be aware the facility in Oberstown is due to open later this year. Responsibility for this rests with the Department of Children and Youth Affairs. It is intended that when this facility opens the practice of children being held on remand will come to an end. We hope very much that will be the case. Recommendation 4 of the strategic review proposes, as the Senator suggested, an extension of the youth diversion programme from the age of 18 to 21. However, I will have to revert to the Senator on the specific legal question she asked about formal bail,.