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Thus the stage was set for something to happen. Community service had been used as a
sentence in England and Wales for the preceding ten years and the results seemed
promising.
FROM THE WHITE PAPER TO LEGISLATION: CONSIDERATION OF
COMMUNITY SERVICE IN THE LEGISLATIVE PROCESS
The White Paper
The formal debate on the idea of using work in the community as a penalty was
commenced by the publication of a Government White Paper entitled “Community
Service Orders” which was laid before both houses of the Oireachtas in June 1981 (CSO
1981). Generally speaking, it is unusual to have a White Paper published in advance of
legislation except for social and economic measures which significantly change the
orientation and methods of dealing with sensitive issues such as the administration of the
health services (Health Act 1970), the Education Services (Education Act 1998) and the
administration of the public service “Serving the Country Better” (1985). In this regard
Jennings (1990) argues that the publication of a White Paper in advance of the Criminal
Justice (Community Service) Bill 1983 signified a certain apprehension on the part of the
Department of Justice and the Minister for Justice about how the idea of punishment in
the community would be received by voluntary organisations and the Trade Union
Movement. Specifically, the White Paper stated that:
The co-operation of Trades Unions would be necessary for the success of the
Scheme and consultations will take place with their representatives (CSO 1981:par.
38).
The fine line between remunerated work and work which the White Paper classified as
work which would not otherwise be done (CSO1981:par.7(b)) was clearly a sensitive issue
between Government and the Trade Union Movement when unemployment rates were
running extremely high. In the event, the Irish Congress of Trade Unions welcomed the
decision to introduce community service orders subject to procedures to be worked out
between the Trade Union Movement and the Probation Service to implement the measure
without damaging the interests of paid employees or potentially paid employees (Jennings
1990).
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