Bernard Allen (Cork North Central, Fine Gael)
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Question 470: To ask the Minister for Justice, Equality and Law Reform if he proposes to introduce compulsory community service along with fines to all guilty non-custodial offenders in order that they could be assigned to clear the litter and rubbish from parks and the countryside nationwide in view of the widespread littering that is taking place at present and in an effort to deter people from breaking the law. [4366/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Criminal Justice (Community Service) Act 1983 provides for the performance of unpaid work in the community by a person who is 16 years or over, who has been convicted of an offence for which the appropriate penalty would be an immediate custodial sentence and who has given his or her consent to the court.

It has not been the practice for individuals on community service orders to undertake work which is normally the responsibility of paid local authority employees such as litter collection. However, the probation and welfare service's management has advised that arrangements are in place with some local authorities which allow for such work to be undertaken by those on community service orders.

Under the current legislation, community service can only be imposed on an individual if the alternative is a custodial sentence. In addition, the individual must consent to the order. The Deputy's proposals would require an amendment to the current legislation and I have no plans in the immediate future in this regard. While I have no plans to amend the legislation in the immediate future, the current legislation will, like all my Department's legislation, be kept under review.