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Ciarán Cuffe asked the Minister for Justice, Equality and Law Reform
if he has read the report recently produced by hte CSER and DIT; if he
will implement any of the recommendations arising from the report; and if
he will make a statement on the matter. Ciarán Cuffe asked the Minister for Justice, Equality and Law Reform
if his attention has been drawn to the fact that a report, commissioned by
his Department, finds that a large number of persons surveyed as part of
this study had been imprisoned for offences linked directly to the fact
that they were homeless and that the introduction of anti social behaviour
orders is likely to exacerbate this situation; and if he will make a
statement on the matter. |
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Minister For
Justice, Equality and Law Reform:
As the Deputy will be aware,
the issues faced by offenders that are homeless or at risk of
homelessness, both in the community and in custody, have long been
recognised. These issues have been the focus of increased
consideration in recent years, particularly in the context of the
Government's Integrated Strategy on Homelessness (2000), and
following the publication of the Homeless Preventative Strategy (2002) and
the NESF Report No.22 (2002) on the Reintegration of
Prisoners. The
Probation and Welfare Service with the approval of my Department,
commissioned the Centre for Social and Educational Research (CSER) at the
Dublin Institute for Technology (DIT) to carry out research on the number,
profile and progression routes of homeless persons before the courts and
in custody. The research, carried out in the Dublin area in 2003 and
2004, was published in July 2005. Among the findings were the fact
that 1.6% of the persons sampled attending before the courts homeless,
that on average they had a higher number of charges against them and
amongst the most common charges were intoxication in a public place (30%),
threatening, abusive, insulting behaviour in a public place (24%) and
theft (21%). Only approximately one fifth of the cases resulted in
imprisonment. The recommendations contained in the report are under
consideration in my Department at the present time. I
should add that, in recent years, there has been considerable development
of services for offenders who are either homeless or at risk of
homelessness, both in the community and on release from custody.
These include:
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The establishment of the
Homeless Offenders Strategy Team (HOST), a Probation and Welfare
Service led multi-agency intitiative to address homelessness among
offenders, is a direct outcome of the Government's homeless
strategy. The unit is working to progress a number of
initiatives to reduce homelessness among offenders, both in custody
and in the community.
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The acceptance by local
authorities of applications for social housing from prisoners up to
nine months prior to their expected release date.
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Procedures to ensure
retention of prisoner's social housing tenancies insofar as
possible.
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The Probation and
Welfare Service, Irish Prison Service and other agencies working with
prisoners provide a range of opportunities, on both an individual and
group programme basis, for prisoners to assist them to prepare for
their release and their successful re-integration back into the
community. Their accommodation needs are addressed in this
forum.
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Enhanced in-reach
services by community welfare, housing and other social services to
prisoners nearing release, particularly those who are at risk of
homelessness on release.
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In addition to these
in-reach services, the Access Housing Unit of the Threshold
organisation, in partnership with the Probation and Welfare Service
and the Irish Prison Service, is sourcing private rented accommodation
for suitable prisoners in Dublin on a pilot basis.
I reject the view that the
introduction of anti social behaviour orders is likely to exacerbate the
situation regarding homesless people. An anti social behaviour order
is simply a mechanism whereby the law seeks to stop a person from behaving
in a way which is causing very serious distress to a community or to some
person in that community. In this respect the principle behind anti
social behaviour orders is similar to the power to bind over, which is a
very old power.
I am currently finalising
legislative proposals for such orders. I expect, subject to
Government approval, to introduce these proposals as Committee Stage
amendments to the Criminal Justice Bill 2004 (which is currently awaiting
completion of Second Stage in the Dáil).
My amendments will allow the
Gardaí to apply to the Courts by way of civil procedure for an anti
social behaviour order which will prohibit the person who is the subject
of the order from behaving in an anti social way. My proposals will
include guidelines for the courts in relation to the granting of
orders. The orders will be civil orders and the question of an
offence will arise only if the person in question wilfully defies the
order and continues to engage in the behaviour.
My proposals will
incorporate important safeguards to ensure that the orders can be used for
the benefit of the community as a whole. My amendments will ensure
that an application for an anti social behaviour order will be a last
resort in situations where other steps, including Garda warnings to
desist, have been ignored. I want to stress that the orders will not
be targeted at any particular group but will provide a means of dealing
with persistent anti social activity by individuals who come to the
attention of the Gardaí and the courts.
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