Study of restorative justice plan

The Government is to establish a commission to examine the potential for introducing a national programme of restorative justice…

The Government is to establish a commission to examine the potential for introducing a national programme of restorative justice as an alternative to sending some offenders to jail.

The National Commission on Restorative Justice will research the effectiveness of restorative justice programmes in Ireland and abroad and examine how such approaches could be incorporated into Irish law.

Restorative justice is a relatively new concept in law that seeks to give the victim a voice and the offender a chance to undo the harm caused by crime.

In general, it works by encouraging victims and offenders to participate in a mediation process, leading in most cases to an agreed contract which can include personal commitments and reparation by the offender.

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It also provides an alternative to jail for those who have been convicted of lesser offences or for first-time offenders where the consequences of a criminal record can be disproportionate to the offence.

Minister for Justice Michael McDowell has spoken previously about the potential for the expanded use of restorative justice, but has emphasised the need to learn more and review all aspects of its effectiveness before allocating it significant resources.

The group, which will be chaired by a senior legal figure and will have full-time staff, will examine the impact of pilot programmes in the State and other jurisdictions and draw up proposals for a nationwide system.

Supporters of restorative justice projects, which have been running in Tallaght in Dublin and Nenagh, Co Tipperary, say they have a high success rate and cost a fraction of the cost of sending a person to prison.

Fianna Fáil TD Máire Hoctor, who is a director of the restorative justice programme in Nenagh, said approximately seven out of 10 young people who completed the project did not re-offend.

"It has given offenders an opportunity to rebuild their life without a criminal record. It's also very cost-effective. For example, our voluntary service here costs €40,000 to run for a year and deals with around 20 offenders. In contrast, it costs €80,000 a year to keep one person in jail," she said.

An Oireachtas committee on justice earlier this year recommended legislation to introduce a restorative justice programme across the State.

It found the system has worked well on a pilot basis and was successful at reducing re-offending rates. However, it warned that a State-wide system could only be effective if it had the full co-operation of the Courts Service and judges.