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1983: Vol. 101-341). The Minister for Justice specificallyaddressed the issue in the debate
on the Criminal Justice CommunityService Bill as follows:
“The shedding from prisons is bringing the law into disrepute. It is dispiriting the
Garda. It is making the general public extremely anxious about the capability of our
society to fight against crime. I see this (community service) as a major first
instalment in reducing pressure on prison space”. (Dail Debates, vol. 342, col. 322,
4 th May, 1983, Mr M. Noonan)
The relief of prison over-crowding therefore must be seen as central to anypolicydecision
to introduce community service in Ireland at that time, but interestingly the use of other
non-custodial measures such as suspended sentences and fines available to sentencers prior
to the introduction of community service, did not feature to any significant degree, as
appropriate alternatives to prison, during the debates. The introduction of community
service was by and large presented and debated as an alternative to prison only and as a
measure to relieve prison over-crowding. Deputy Shatter however saw a role for the
penalty, both as an alternative to custody and as an intermediate non-custodial penalty in
its own right when he said:
“I would like to see the Courts having the options of community service available
where persons are convicted of offences, whether or not the Judges believe that
imprisonment is appropriate. The legislation must clearly state that, where a
custodial sentence would be appropriate, community service orders are available as
an option. I can think of many instances where young people in their late teens
have come before the Courts on a first or second offence and Judges who were
reluctant to send them to prison have said they will give them a chance. They have
given them the Probation Act and within a matter of weeks theyare back before the
Courts again. Getting off under the Probation Act is seen by many offenders as
what it is, simplygetting off. It is not a deterrent and it is seen bypeople as an easy
option. In those circumstances the option of communityservice shouldbe available
and would be seen as appropriate by many people who were familiar with the
Courts. It would not be seen as an easy option by many offenders and it would
instil in them the type of responsibility that would be lacking and prove a deterrent
from committing crimes again. I would urge the Minister to extend this legislation
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