Brian Stanley (Laois, Sinn Fein)
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94. To ask the Tánaiste and Minister for Justice and Equality if he has considered putting in place restorative justice schemes for offenders. [15335/18]

Charles Flanagan (Laois, Fine Gael)
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The Probation Service plays a key role in the delivery of restorative justice as part of its overall mission of reducing reoffending and further victimisation in our communities.  Referrals for restorative justice interventions are provided post-conviction, within the parameters of assessment and court orders, including community and prison based actions.

The Probation Service, through my Department, allocates funding to a range of Community Based Organisations (CBOs) to support its work and mission.  In particular, two CBOs receive funding to deliver restorative justice programmes and interventions for adult offenders. The first of these is “Restorative Justice Services”, based in Tallaght, which has been allocated funding by the Probation Service of €369,000 in 2018.  The second is “Restorative Justice in the Community”, based in Nenagh, in respect of which funding of €162,000 has been provided in 2018.  Both organisations provide two models of restorative justice – the offender reparation panel and victim offender mediation services.

In addition, bespoke restorative justice interventions are also available from Probation Officers on a national basis, in particular where a Court has requested an assessment for restorative justice engagement. The Probation Service staff receive accredited training on restorative justice practice.  These interventions are bespoke in the sense that they may include direct victim offender mediation, shuttle mediation, acts of community reparation or victim awareness work with the offenders.

The Probation Service Restorative Justice Strategy published in November 2013 provides a framework for informed, effective and integrated restorative justice practice. The 2014  Implementation Plan for this Strategy sets out the goals and related actions for four distinct restorative justice models, which complement and support court ordered sanctions. These models include Victim Offender Mediation, Family Group Conferencing, Reparation panels and Support Circles.

Extending the use of restorative justice programmes is also a recommendation of the Penal Policy Review Group, whose report was submitted to Government by the then Minister for Justice & Equality in November 2014. An Implementation Group is currently overseeing the implementation of these recommendations. Its fifth report (February 2018), is available on my Department’s website.

In this context, it should be noted that Section 26 of the Criminal Justice (Victims of Crime) Act 2017 transposes the restorative justice provisions contained in the 2012 European Directive on establishing minimum standards on the rights, support and protection of victims of crime. It outlines very clearly the measures to be taken to ensure that victims who choose to participate in a restorative justice scheme have access to safe and competent services.  In order to give effect to this, the Probation Service’s Victim Service Team will take a lead role in further developing capacity to respond to requests for restorative justice interventions. The service will continue to -

- provide an effective response to requests for restorative justice from the courts and direct requests from victims where the perpetrator is a current service user;

- ensure that the appropriate training and support structures are in place to provide safe, accountable and evidence informed practice as required by the legislation;

- work in collaboration with criminal justice partners and victim support organisations.