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Dáil Éireann díospóireacht -
Wednesday, 13 Dec 2023

Vol. 1047 No. 5

Criminal Justice (Promotion of Restorative Justice) (Amendment) Bill 2023: First Stage

I move:

That leave be granted to introduce a Bill entitled an Act to amend the Criminal Justice (Victims of Crime) Act 2017 to permit and encourage courts to refer cases to restorative justice schemes between charge and conviction, and to dismiss charges if appropriate; to encourage courts to refer cases to restorative justice schemes between conviction and sentencing; to permit and encourage An Garda Síochána and the Director of Public Prosecutions to refer cases to restorative justice schemes between charge and court, and to review the decision to prosecute if appropriate; and to make related provisions.

I thank Dr. Ian Marder of Maynooth University for his advice and guidance on this legislation. I thank the Ceann Comhairle's office for facilitating it. I also thank the Bills Office and Lee Daly in my office. We would not be here without their help. Obviously, An Garda Síochána has to address crime, the causes of crime and the fear of crime. I am hopeful that restorative justice can take place at any point in the criminal process. The idea is it will address and repair the harm done by the offence through dialogue and reparation with others, and that it will address the harm done to people through face-to-face conversation and communication. It is important to remember that studies have consistently shown there is a 85% satisfaction rate with restorative justice among victims.

The victims of crime legislation from 2017 allows a lot of discretion for judges. It is hoped that this Bill will clarify the processes and procedures, give victims closure, improve victim recovery and satisfaction rates, and maybe avoid penal sentences through helping offender rehabilitation and ending recidivism, which will free up an overburdened court and prison system. I look forward to engaging with the Department of Justice regarding the Bill. I am open to its implementation. I had some experience of this on an ad hoc basis in a previous existence. I hope that will help in relation to this Bill.

I am pleased to speak to the Bill with my colleagues, Deputies Daly and Patricia Ryan. Restorative justice can be a key component of our justice system. It is a way of offering some closure and understanding on the impact of crime to victims and alleged offenders alike. Unfortunately, it remains an underutilised resource within our criminal justice system. It is a system that allows a victim and alleged offender to address and try to repair the damage and harm done by committing an offence. Of course, it is not for everyone. It is crucial the process can only occur with the consent of both parties.

At a meeting of the Joint Committee on Enterprise, Trade and Employment today, representatives from bodies representing local grocery stores and newsagents were in attendance. They spoke of the debilitating impact of shoplifting on their members. Representatives of Musgraves spoke of how their members face up to 1,000 shoplifting incidents a week. RGDATA, which represents family-owned business stores, spoke of members incurring costs of up to €40,000. They all spoke of both organised and opportunistic shoplifters, who are often youths who feel they can rob and threaten with impunity. Restorative justice could be used in cases such as that.

I, too, am glad to speak to the Bill. I thank Deputies Daly and Quinlivan, as well as Lee in Deputy Daly's office.

The consequences of crimes are not solely confined to victims and perpetrators. Extended families and society are also affected. Restorative justice is a way of giving both victims and offenders a safe platform that is mediated and impartial to try to address the harm done by the offence. Victims can talk about how the crime affected them and their lives as human beings. They can express their anger and frustration, all in a safe, non-threatening and voluntary process that perhaps even provides some closure. They can even seek apologies from the offender all of which helps victims to feel recognised. Restorative justice gives an offender an opportunity to make reparation to the victim, to learn from the bad decisions made, and to show a commitment not to repeat the behaviour, which in turn has a beneficial effect on the number of those reoffending.

Our courts and prison systems are currently groaning under the weight of cases and penal sentences. The Bill and its amendments provide much-needed clarity to the referral process for restorative justice which, when applied throughout the criminal justice process, will improve closure for victims, reduce penal sentences where applicable, and ease the strain on our overstretched courts and prison systems. I am delighted to ask the House to support the Bill.

Is the Bill opposed?

Question put and agreed to.

Since this is a Private Members' Bill, Second Stage must, under Standing Orders, be taken in Private Members' time.

I move: "That the Bill be taken in Private Members' time."

Question put and agreed to.
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