Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Bill 2026: Committee Stage
Seanad Éireann — 2026-06-24
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Sarah O'Reilly (AON), Agricultural Panel

I move amendment No. 15:
In page 18, between lines 16 and 17, to insert the following:
“(ab) Before imposing a sentence of imprisonment of 24 months or less, the court shall expressly consider the suitability of a community service order and shall record its reasons where it determines that such an order is not appropriate in the circumstances of the case.
(ac) In considering whether a community service order is appropriate, the court shall have regard to the rehabilitation of the offender, the interests of victims, the protection of the public and the reduction of reoffending.”.
I am moving this amendment because there is a tendency in discussions on criminal justice to assume that if we simply move more people away from custodial sentences, the problem somehow solves itself. I agree with comments from Senator McDowell on the idea of prison being a last resort, but there also has to be an emphasis placed on justice and fairness, especially for victims. Community service has a role to play. There are certainly cases where it is a more appropriate response than a short prison sentence and where people would benefit more from structured community services than from spending a few months in prison, but the circumstances of the offence matter and the impact on victims also matters.
There is a growing lack of confidence in the criminal justice system. I know of a number of cases which have been raised with me where individuals were found guilty of domestic violence, child abuse or having child sexual abuse material and were given suspended sentences or community service. I do not share the Minister's experience working in the legal system, so perhaps he can shine a light on why, in cases which by all accounts are incredibly violent or abusive, the individual receives a suspended sentence or community service. That is why I am asking that judges expressly consider not only rehabilitation but also the interests of victims, the protection of the public and the reduction of reoffending. I am aware that judges consider this when sentencing, but it is important with the proposed change to the legislation that, if a judge is mandated to consider community service, he would also expect that the reasons for or against this sentence be recorded.
How does the Minister reconcile the increase in emphasis on alternatives to custody with the reality of our rehabilitation system? We talk a lot about rehabilitation but the outcomes are not particularly encouraging. CSO figures show that almost one in four offenders on probation reoffend within a year and almost half reoffend within three years. When somebody leaves prison, where are they leaving to? In many cases, they are entering accommodation that is wholly unsuitable. They may find themselves in a halfway house or temporary accommodation alongside others with addiction issues and criminal histories. We should not be surprised when people end up back before the courts if the environment they are returning to is one that almost encourages reoffending.
I have concerns that this provision is arriving, as the Minister has said on previous amendments, in the context of severe prison overcrowding. There is a legitimate debate to be had about whether the push towards non-custodial sentencing is being driven by what is best for rehabilitation or by the simple fact that we do not have enough prison spaces. If somebody commits a violent offence or causes significant harm to another person, there must be consequences. The public understands that and victims understand that too.
The amendment does not remove judicial discretion, it simply asks the courts to show they have weighed all of these factors that are being decided, whether community service is appropriate and to record their reasoning behind it.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-06-24/debate/main
Retrieved: 2026-08-14T04:55:06+00:00
Sitting date: 2026-06-24