Seanad debates

Wednesday, 20 November 2019

Criminal Justice (Rehabilitative Periods) Bill 2018: Committee Stage

 

10:30 am

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

Before I speak on the amendments, I will outline the Government's position on the Bill. The Government does not oppose this Bill in principle. I agree with the core objective of assisting people with minor convictions who have moved on from offending and now wish to make a positive contribution to society without being constrained by their past. We have to recognise, however, that the changes proposed are significant, including the changes Senator Ruane proposes to make on this Stage. While I do not intend to oppose these changes at this time, I inform the House that I may well bring forward amendments at a future date to address any issues that may arise as a result of the detailed examination of the Bill and today's amendments being undertaken by my Department.

As everybody will appreciate, this Bill requires careful and detailed consideration to take into account the perspectives of rehabilitation and community safety. In particular, my Department, and others, will need to identify the possible implications of the recommendations of the joint committee's report on spent convictions. These are, in part, reflected in some of the amendments being moved by Senator Ruane. My officials met with the Senator earlier this month. I hope she will agree that the engagement was positive and there was a discussion of the objectives and implications of the obligations of the Bill, as well as the amendments before us. It was useful and constructive dialogue.

I agree with Senator Ruane that we need to do a little more work. We need more time to consider fully the implications of these proposed changes and the recommendations arising from the committee's report so as to achieve an appropriate balance. We have to get the balance right between individual rehabilitation and community safety. It will be important to analyse not only the type of offences that will become eligible under the provisions of this Bill, but also the knock-on effects of such changes for those involved and wider society. It is also necessary to identify any implications that may arise for vetting. Equally, it is vital that the needs of the victims of crime receive special attention, especially in the context of more serious offences that may qualify to become spent under the Bill. Account must also be taken of offences committed by those under the age of 18 years and by young adults aged up to 25 years in respect of the specific provisions contained in this Bill. Careful consideration will also be required of the operational implications of this approach regarding the possession of drugs for personal use and how that might be aligned with the overall regime for spent convictions.

I acknowledge what Senator Ruane said at the start of this debate and I thank her for agreeing to share her research and analysis with my Department. It will be of great benefit to me and my officials in our work. I assure the House that I look forward to continuing to work with Senator Ruane to progress this legislation in a meaningful way.As I have stated directly to the Senator, my intention is to ensure that what we have by way of legislation is balanced, fair and effective in its approach from the perspectives of protecting the public and rehabilitating the offender.

I will address the amendments when the House reaches them.

Comments

No comments

Log in or join to post a public comment.