Dáil debates

Thursday, 20 June 2024

Ceisteanna Eile - Other Questions

Sentencing Policy

10:20 am

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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24. To ask the Tánaiste and Minister for Justice and Equality if her Department has examined the community court approach operating in parts of the UK and US, with a view to possibly establishing a similar model in the State; and if she will make a statement on the matter. [26442/24]

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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This question concerns a model of community court approach operating in the US and the UK, especially in midtown New York and Red Hook. When I was the chair of the Joint Committee on Justice, Defence and Equality, we did a lot of work on this issue. It proved to be very effective in dealing with low-level crimes, including misdemeanours, shoplifting and so on. It also had the backup of sociologists and psychologists to help people be diverted away from crime. Has the Department examined this approach in more detail recently?

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The US model of community courts received consideration within the Department some years ago and the concept has some similarities with the drug court which has operated in the Dublin District Court since 2001. Several jurisdictions have developed what are sometimes referred to as "problem-solving" courts. Models include community courts, drug courts and restorative programmes. These courts can vary in character, but they generally incorporate a combination of sanction for the crime, assistance in rehabilitation and reparation to either the victim or the community in which the offence took place. They combine punishment with help, such as drug treatment or mental health counselling. To address the issue of reoffending, the Prison Service, the Probation Service and my Department are focused on maximising opportunities for diversion and rehabilitation to reduce reoffending and help people to reintegrate on release from custody supervised.

In 2022, I published a Review of Policy Options for Prison and Penal Reform, which is being implemented and includes increasing the use of alternatives to custodial sanctions where appropriate. The Deputy will also be aware of the important work of the Probation Service in supervising people referred directly to it by the courts and those participating in an incentivised early release scheme. The Probation Service dealt with 16,989 offenders in the community in 2023.

Additional funding has been allocated to the Probation Service to expand the joint agency response to crime, JARC, programme, which the Deputy will be aware of from his time in the Department. That programme has been found to be highly effective in steering people away from criminality and reducing reoffending. The intention is to embed the JARC approach as “business as usual” standard practice between the Probation Service and An Garda Síochána by the end of this year.

The recommendations of the high-level task force on mental health are being progressed in conjunction with the Department of Health with a view to better supporting people to address the underlying causes of their offending behaviour, including through diversion and appropriate community supports. The judicial planning working group recommended a range of measures to ensure the more efficient use of judicial resources and the appointment of additional judges to address backlogs and reduce waiting times. The studies committee, established by the Judicial Council, has devised and delivered training to avoid retraumatisation. The focus of this training is to give judges a deeper understanding of people's experiences and to explore ways in which this can be addressed.

10:30 am

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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I thank the Minister for her response. It worked in New York, where it was known as the broken windows approach. It was immediate. I met people and saw it in action. Will the Minister re-examine the matter?

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I am interested in meeting the Deputy to go through the details and see what options are available.

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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I thank the Minister.