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softlysoftlyapproach adopted in the Bill where imprisonment might in their viewbe more
preferable. DeputyGahan expressedit thus:
“we need more jails, we need a jail in every county” (Dail Debates, vol. 341, cols.
1946-1947, 26 th April, 1983)
DeputyTunnycriticisedCommunityService as:
“… a step further in making apologies for those found guilty of offences” (Dail
Debates, vol. 342, cols 152-153, 3 rd May, 1983).
Although Jennings (1990) cites the demands for sterner penalties as a factor influencing the
introduction of community service in Ireland, community service as structured under the
Criminal Justice (CommunityService) Act 1983 required that communityservice could not
be imposed except in lieu of a term of imprisonment which would otherwise have been
imposed but for the provision allowing for community service. In the circumstances, the
somewhat shrill complaints in the Dail, but not in the Senate, for sterner penalties might be
considered more a criticism of the perceived leniency on the part of the Courts when
dealing with offenders, rather than an argument against the introduction of community
service.
The list of examples of Community Service tasks set out in the Appendix to the White
Paper (1981) ranged from personal service by an offender in helping in children’s homes,
youth clubs, elderly people’s homes, handicapped and disabled persons social activities to
other practical help to the community such as building, painting and decorating work for
the elderly, youth groups and community groups. These tasks would not have been done
at all but for the provision of community service. In this way the community would
receive a positive benefit from the offender and the offender would be afforded an
opportunity to make reparation, if not to the victim of his/her offence, then to the
community as a surrogate. The promotion of alternatives to custody in a programmatic
approach within the Council of Europe was a significant influence upon the policy
approach taken by the Department of Justice in bringing forward proposals in the White
Paper in 1981 according to Jennings (1990). Senior Civil Servants and Ministers attending
meetings of the Council which were targeted at such measures were influenced bythe new
approach taken in Europe (Cooney1976: 10).
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