Simon Harris (Wicklow, Fine Gael)

I welcome the opportunity to speak on the reintroduction of the Bill by Deputy Calleary. I note the significant work done by his former colleague, Mr. Barry Andrews, during the latter's time as a Member of the House. I commend the Minister, Deputy Shatter, on the constructive manner of his engagement in this debate. I hope it is a sign of things to come. More than most, the Minister knows what it is like to be a Front Bench Opposition spokesperson and a Government backbencher desperately trying to get Governments to take various Bills seriously. That he as a member of the Cabinet is engaging in a constructive manner is a welcome development.

No discussion of the Bill can reasonably take place without an acknowledgement of the topical elephant in the room, that is, the condition of our prisons. When the Bill was first before the House in December 2008, my party colleague, Deputy Charles Flanagan, spoke on the Second Stage debate and expressed his concern that more than 4,000 people were incarcerated in our prisons. In just over two years, this number has escalated rapidly and, for the first time in the history of the State, more than 5,000 people are serving prison sentences. Our prisons are not equipped to cope with these numbers, a situation that is attracting embarrassing international attention. Yesterday, the UN Committee Against Torture expressed its concern at the level of overcrowding in our prisons and at the inhuman and degrading practice of slopping out. In this context, reform of our penal system is vital to prevent the undue incarceration of offenders whose relatively minor offences do not warrant prison sentences and to address habitual criminality. Beyond this, we must also work to ensure those who are convicted and serve their time are not needlessly deterred when trying to return to gainful employment.

In terms of our criminal justice system, it is also important we redress a ridiculous imbalance in our country. Through the introduction of legislation on white collar crime, the Minister has set about this process. It is ridiculous that one can almost bankrupt a country and not face criminal charges whereas one can serve a prison sentence for not paying a television licence.

There must be a balance between the societal imperative to reintegrate former offenders into society and the need to protect our most vulnerable members. While I welcome the principles underpinning the Bill, a number of its provisions warrant further consideration and substantial amendments will be required to ensure it is fit for purpose and achieves what Deputy Calleary is aiming for.

The Bill is aimed at offenders whose convictions are for minor and non-violent offences. It is proposed that these convictions would be spent after a blanket period of rehabilitation during which time no further offences were committed. The practical effect of this would be that ex-offenders would no longer be legally required to disclose their convictions in certain situations, such as job interviews. This is a welcome measure. It is proposed that the rehabilitation period would be five years for a non-custodial sentence and seven years where a custodial sentence is imposed. These periods may be overly long, given the relatively minor offences covered by the Bill, which applies only where sentences of no more than six months imprisonment or a fine were imposed. The Irish Penal Reform Trust, IPRT, and the Irish Human Rights Commission, IHRC, have argued that the principle of proportionality should be taken into consideration in connection with the rehabilitation period, as occurs in sentencing. The Minister touched on this subject. I hope that, when published, the Government Bill will address the issue and take on board the suggestions of the IPRT and IHRC. I welcome the Minister's categoric assurance to the public that this legislation and the Government's Bill will in no way, shape or form go towards allowing sexual offences to be spent, for want of a better word.

The Minister mentioned that the ceiling of six months must also be examined. Similar legislation has been in place in the UK since 1974 and covers sentences of up to 30 months. This provision would significantly extend the scope of the scheme and achieve the Bill's purpose, namely, to promote the rehabilitation and reintegration of a much broader range of offenders while ensuring the provisions are limited to a certain minor offence. In terms of the ceiling, the Bill will achieve more in its attempt to address the issue of habitual criminals.

Legislating on spent convictions will make a significant difference to many people and merits further consideration. I welcome the Minister's engagement and thank Deputy Calleary for the constructive way in which he and his party have spent Private Members' time. I look forward to further constructive suggestions and to the Minister's Bill.

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