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The experience gleaned from a small number of work in the community schemes for
prisoners released on a daily basis from prison was highlighted in the White Paper as an
example of the type of successful measure which could be used in the disposal of criminal
convictions bythe courts:
While the number of prisoners employed on the scheme is relatively small in the
context of the total prison population, the scheme has nonetheless proved successful
– success in this regard being measured bythe effect/involvement in the scheme has
had on the prisoners engaged on it, by the standard of the work which has been
done and by the reaction of the various local communities for whom projects have
been completed. (CSO 1981: par. 2).
The White Paper sought to extend the scope of the work in the community schemes for
prisoners, which would not necessitate the initial incarceration of such prisoners provided
such offenders were suitable to do such work (CSO 1981: par. 3). It is interesting to note
in the subsequent debate in the Dail both Deputies Kellyand Shatter criticised the delayin
transferring “self-obvious” penal technology from the neighbouring jurisdiction of
EnglandandWales to an Irish setting.
I agree to some extent with my constituency colleague, Deputy John Kelly who
yesterday referred to the fact that it is very difficult to understand why a Bill of this
nature has been in force across the water for over ten years and it has taken us until
now to deal with this particular problem and provide for this type of Bill (Dail
Debates, vol. 342, col. 307, 4 th May, 1983, DeputyShatter).
However, the delay in transferring the “readymade” sanction of community service to the
Irish jurisdiction may have provided benefits which could not have been achieved without
the research and analysis of the Home Office and in the academic community in the
United Kingdom and elsewhere on the optimal use of communityservice as an instrument
of decarceration (Scull 1977). The Minister for Justice when speaking on the second stage
of the Criminal Justice (Community Service) Bill 1983 readily acknowledged that “the
opportunityhas been taken to improve where possible, in the light of British experience” a
model for communityservice in Ireland (Dail Debates vol. 341. col. 1331, 20 th April, 1983).
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