Written answers

Tuesday, 14 February 2023

Department of Justice and Equality

Sentencing Policy

Photo of Patrick CostelloPatrick Costello (Dublin South Central, Green Party)
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525. To ask the Tánaiste and Minister for Justice and Equality if he will report on the progress to establish the penal policy consultative council, as committed to in the Review of Policy Options for Prison and Penal Reform; and if he will make a statement on the matter. [7340/23]

Photo of Patrick CostelloPatrick Costello (Dublin South Central, Green Party)
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526. To ask the Tánaiste and Minister for Justice and Equality if he will report on his plans for the operation of the Strategic Review of Penal Policy Implementation Oversight Group in reviewing the implementation of the Penal Policy Action Plan 2022-2024; if the eighth report of the group will be published; and if he will make a statement on the matter. [7341/23]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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I propose to take Questions Nos. 525 and 526 together.

As the Deputy will be aware, the Programme for Government 2020 contains a broad range of policies and proposals that represent a coherent approach to enhancing and sustaining a more just and safe society, with a specific commitment to review policy options for prison and penal reform.

In respect of delivering on this commitment, the Review of Policy Options for Prison and Penal Reform 2022-2024 was published in August 2022. This review is an important development as we seek to reduce crime, prevent offending and make everyone safer.

The review looks to find the balance between ensuring that people who commit serious crimes receive a punishment and a period of incarceration proportionate to that crime, while at the same time acknowledging that sometimes community based sanctions are more appropriate in diverting offenders away from future criminal activity.

To reduce offending and reoffending and better support victims, families and communities, the Review of Policy Options for Prison and Penal Reform 2022-2024 identifies measures to expand community based sanctions that reflect the needs of Ireland’s diverse society; drive rehabilitative interventions that sustain desistance from offending; reduce the reliance on prison as a sanction and mitigate overcrowding in prisons; and embed collaborative, innovative approaches to the complex causes of offending at all stages of the criminal justice system.

The Review contains 6 priority penal policy actions and 15 complementary actions. Progress has already been made in a number of relevant areas, and in some instances these actions form part of distinct, focused criminal justice strategies.

Action 5 of the Review commits to establishing a Penal Policy Consultative Council, which would provide advice to the Minister on matters relating to penal policy. Officials commenced work on this in Q3 2022, preparing a draft Terms of Reference for the membership and processes of the group, with a view to appointing the Chair and members shortly.

The Deputy may be aware that an Implementation Oversight Group was established to oversee the actions emanating from the previous 2014 report of the Penal Policy Review Group. The eighth report of this group, which while yet to be published, did inform the preparation of the current Review of Policy Options for Prison and Penal Reform 2022-2024. I expect this report will soon be published.

This Implementation Oversight Group has not convened for some time now, as its work was overtaken by the establishment and output of the group tasked with identifying Policy Options for Prison and Penal Reform 2022-2024.

Having examined the matter, and in light of the fact that the action plans of the current Review clearly identify the relevant parties with responsibility to ensure all actions are pursued in line with the agreed timeline, it has been agreed that alternative modalities of oversight are more appropriate at this time.

However, it is intended that Department officials will continue to liaise with the Chair of the Implementation Oversight Group on an ongoing basis to ensure that the recommendations in the 8th report continue to progress to full implementation.

Photo of Patrick CostelloPatrick Costello (Dublin South Central, Green Party)
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527. To ask the Tánaiste and Minister for Justice and Equality the status of his commitment to broadening the range of convictions that are considered spent; and if he will make a statement on the matter. [7342/23]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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As the Deputy will be aware, the Government commits in the Programme for Government to reviewing the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 and to broaden the range of convictions that are considered spent. As part of this review process, a public consultation on spent convictions was launched in October 2020.

Bespoke research on the approach to spent convictions internationally was also commissioned. Based on the outcome of that consultation and other submissions received as well as the international research, the Department has compiled a report aimed at identifying and assessing the possible implications of amending the 2016 Act, so that the fairest possible outcomes can be achieved for the public. This matter and the report remain under consideration at this time.

In parallel, department officials have engaged with Senator Ruane in respect of the Criminal Justice (Rehabilitative Periods) Bill that she has brought forward and will continue to do so, as required.

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