Fintan Warfield (Sinn Fein) | Oireachtas source

I thank the Civil Engagement group for bringing forward the Bill which amends the Criminal Justice Act (Spent Convictions and Certain Disclosures) 2016 to provide for broader and fairer access to spent convictions. A spent conviction, also known as an expungement, is one that does not have to be disclosed after a certain period of time, for example, in job or housing applications or accessing education, to name but a few. Whether we care to admit it as a society, the legislation passed in 2016 was the bare minimum the State could have done. It missed an opportunity to introduce progressive legislation that put the focus on the rehabilitation of offenders. The 2016 Act is extremely limited in whom it serves and it was quite thought-provoking to hear it referred to as middle-class legislation. It is antiquated in places, despite having been drafted only three years ago.

The Bill before us seeks to increase the number of convictions which may be spent by adults, defined in the Bill as persons over the age of 24 years, from one to two and for young people, between the ages of 18 and 24, from one to three. Both measures are welcome and progressive; however, it may be worth making the number of convictions which may be spent three across the board, rather than staggering it. That is probably something that could be addressed on Committee Stage. No doubt, thought has been given to these measures by the Civil Engagement group and Senator Ruane.

The Bill extends custodial sentences eligible to be spent from 12 months to 24 and for non-custodial sentences from 24 months to 48. This is welcome and a progressive and sensible proposal. The concept of spent convictions emanated from a restorative justice perspective, which is viewed as giving people a second chance in not having the burden of a conviction appearing and potentially prejudicing them in the future. On that point, the age-old debate on nature versus nurture comes into play, a debate that will probably never conclude. Opposition to the Bill will come from those who lean towards the belief the commission of crimes is innate and a predestined reality. I hope the vast majority of representatives who have worked in and represented communities for decades will consider it from the nurture perspective, which acknowledges that the environment in which we exist can at times lead to individuals making poor decisions. Being human, it is only natural that we all make mistakes at different times in our lives, some of which will be small, while others will lead to legal consequences. A sentence that results from any such mistake can, under the current legislation, result in a penalty that will long outdate the sentence imposed in court.

I could not attend the briefing in the audiovisual room yesterday, but I am told that it was informative and crystallised what is being put forward, its intentions and some of the further concerns of stakeholders about spent convictions that cannot be addressed in the Bill. I am told that Niall Walsh from the Pathways Centre was particularly impressive. He has spoken about how a conviction which may be decades old does not fall under the current legislation and inhibits the person concerned in his or her day-to-day life. He is an example of someone who 20 years on had moved on and almost forgotten about his conviction, only for it to once again come to the fore when he had a family. People may go on to have kids only to discover that despite a conviction being 20 years old, they are unable to volunteer or help out with a young person's soccer team or take children on holidays. They are being punished for a mistake, despite having served their sentence, literally or figuratively.

Sinn Féin believes effective post-release reintegration of offenders with their families and communities, once a custodial sentence has been served, is essential for the prevention of reoffending and, therefore, ensuring community safety, which is in everyone's best interests. Therefore, the Bill is more than welcome. Since it is our view that the primary objective of justice policy is to prevent crime, part of the emphasis must be on incentivising crime-free lifestyles by ensuring gainful employment is available to ex-prisoners. This should not be out of the reach of the majority of prisoners. To that end, unwarranted barriers of discrimination in law or policy must be removed proactively. A range of barriers serve to inhibit the reintegration of all those with past convictions, especially ex-prisoners.

Sinn Féin and the Irish Human Rights Commission have also proposed that equality legislation be extended to include criminal convictions as one of the grounds on which discrimination in employment, except where objectively incompatible with job responsibilities and the provision of services, be prohibited. This protection is crucial to ensure effective post-release reintegration, in particular, through the provision of adequate and appropriate housing. This may not be included in the Bill, but it should absolutely be considered further. It is my view that the Bill is quite moderate in the changes it seeks to make to the 2016 Act and will particularly be beneficial to younger people who may make mistakes earlier in life. I understand also the choices we must make, as legislators, when drafting legislation and know that there will be productive conversations on further Stages of the Bill. The Bill is also in line with the concept we are exploring, as is the Minister, of extending Garda youth diversion projects to capture young people between the ages of 18 and 24 years.

I am happy to again state Sinn Féin's support for the Bill and hope it will progress through the relevant Stages quickly. I commend Senator Ruane and the Civil Engagement group on their work.