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The White Paper set out a series of what it termed“the effects of orders” as follows:
Community service orders can be seen from several viewpoints: either as a more
positive and less expensive alternative to custodial sentences; as introducing into the
penal system an additional dimension which stresses atonement to the community
for the offence committed; or as having psychological value in bringing offenders
into close contact with those members of the community who are most in need of
help and support. To some, it might appear to have a symbolicallyretributive value.
Thus although the Court order, which would deprive the offender of his leisure time
and require him to do work for the community, would necessarilyinvolve a punitive
element, it would also provide an opportunity to the offender to engage in personal
service to the community and this might in turn lead to a changed attitude and
outlook on his part. A central feature of communityservice work is that it would be
work which otherwise be left undone and that it would be of benefit to the
community(CSO 1981: par. 5).
The proposals in the White Paper were essentiallycarried forward into the Criminal Justice
(Community Service) Bill 1983, and ultimately enacted into the Criminal Justice
(Community Service) Act, 1983. Although the White Paper was a consultative document,
the response to it was described as disappointing bythe Minister, except submissions from
the vocational bodies representing the probation officers, the Prison Officers Association
and the Irish Congress of Trade Unions. The Bill as presented was passed into law and
the Minister refused to accept a series of proposedamendments.
Dail and Seanad Debates
The Criminal Justice (Community Service) Bill 1983 was initiated in the Dail on 13 th April,
1983 which Bill was preceded bytwo similar Bills, one a Private Member’s Bill in the name
of Deputy Alan Shatter and a Government Bill introduced by the Minister for Justice, Mr
Doherty in the previous Dail which Bills had lapsed on the dissolution of that Dail on the
4 th November 1982. The Minister for Justice, Mr Noonan when speaking on the Second
Stage of the Bill recommendedit to the House in the followingterms:
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