Diarmuid Wilson (Fianna Fail) | Oireachtas source

I welcome the Minister for Justice and Equality, Deputy Frances Fitzgerald. I know she and her officials are anxiously awaiting Christmas in order to get a break. When the Minister is not in this country, she is elsewhere in Europe or other parts of the world representing us. I wish her well.

I am taking the Bill on behalf of my colleague, Senator Denis O'Donovan. It allows for the closure of St. Patrick's Institution in Dublin, something that has been advocated for for quite some time and which we very much welcome. While the institution was supposed to assist in the housing and reformation of young adult offenders and children in certain circumstances, the model applied has largely failed and been widely criticised, a point to which the Minister alluded.It is incredible to think the calls made to close St. Patrick's Institution date back to the recommendations made in 1985 in the report of the Committee of Inquiry into the Penal System which was chaired by Dr. T. K. Whitaker.

We all agree that it is a great shame that approximately 800 people under the age of 26 years are incarcerated in prisons. We all further agree that prison is no place for a young person. A new approach needs to be taken to address young offenders to ensure their rehabilitation rather than incarceration. This is the central aim of Fianna Fáil’s penal policy. In that regard, the closure of St. Patrick's Institution is a small step forward.

The issue of penal reform, in general, is one the Seanad has debated considerably, particularly during this term. Much of the debate has stemmed from the report of the Oireachtas Joint Committee on Justice, Defence and Equality on penal reform which was published in March 2013. I pay tribute, in particular, to the Members of this House who were on the committee which called for five key actions to address the challenges in the criminal justice and penal systems. The first action sought was a reduction in prison numbers. The committee was concerned about the significant increase in recent years in the numbers of prisoners. It strongly recommended the adoption of a decarceration strategy through a declared intention by the Government to reduce the prison population by one third over ten years. It is obvious from the justice system that, oftentimes, prison, instead of reforming the individual in custody, makes him or her more likely to reoffend. A 2013 report from the Irish Prison Service and the Central Statistics Office showed that criminals had a reoffending rate of 62.3% within three years, while over 80% of those who reoffended did so within 12 months of release. This is a most depressing figure. However, I commend the Minister for recognising this problem. While I hope more work can be done in this regard, I welcome the latest initiative announced by her to tackle the problem of repeat offenders. If the programme is successful, it will be a great feather in her cap. I still remain sceptical, however, that State agencies have the ability and the vision to truly address the problem of repeat offenders once and for all. There is no question that all State institutions must work to rehabilitate the people concerned and offer them another way of life, rather than a life of crime. Not only is the justice system not effective in reforming offenders' actions, it is also costly. The average cost of imprisonment per prisoner comes to €75,000. This is one reason the Oireachtas joint committee recommended that all sentences of imprisonment under six months imposed for non-violent offences be commuted and replaced by community service orders.

The joint committee also endorsed the Irish Penal Reform Trust’s recommendation of a simple Bill which would set out the basis for a structured release system to include proposed changes to remission, temporary release and parole. The committee recommended that this legislation could also provide a statutory framework for an expanded community return programme, as well underpinning the strategies used by groups working with offenders after release and potential offenders. In that regard, it is obvious a community return programme would be most worthwhile and address many of the matters about which I have spoken. It is foolish to believe an individual engaged in criminal activity will simply stop reoffending if he or she has to serve a sentence.

In July 2014 the strategic review of penal policy was published by the Department of Justice and Equality. It contained 43 recommendations.I would interested to know how many of those recommendations were subsequently implemented. Far too often, Governments of all hues commission reports, which contain recommendations based in evidential policy-making, only for those reports to be left on a shelf to gather dust. This Minister is very proactive and I hope she will not leave that committee's report on a shelf but that she will implement most, if not all, of its recommendations. Fianna Fáil fully supports this Bill and looks forward to its speedy passage through the House.