Irish Penal Reform Trust

Party manifesto analysis 2024: Aontú

Aontú launched their manifesto, Common Sense, on Thursday 21 November 2024. Below, IPRT analyses relevant proposals contained in the manifesto, which was published in two parts. 

  • Aontú will add 400 prison spaces, just under 10% of total capacity to the prison system in the next 5 years.  

IPRT strongly cautions against a focus on expanding prison capacity. A more effective response would focus on reducing overcrowding through policy measures that address the drivers of imprisonment rather than simply expanding capacity. Ireland should prioritise alternatives to custody that reduce reoffending and invest in services outside of prison, such as mental health, housing, and addiction services. In IPRT’s priorities for election manifestos, we outlined clear actions that can and should be taken to ensure prison is used as a last resort and to safely reduce the number of people in prison, avoiding the need for prison expansion. Again, this response is not an immediate solution and would be years in the making. 

See IPRT’s Progress in the Penal System (2022) – Standard 2: Imprisonment as a last resort (p.33) 

  • Aontú will work to ensure this government provides support to prisoners with addiction to drugs and those with poor mental health services in the form of wrap around counselling supports, addiction treatment, rehabilitation plans and also properly funded chaplaincy services. 

IPRT welcomes the focus on improving mental health and addiction supports within prisons. The treatment of people with mental health issues has been deemed among the “most pressing issues within Irish prisons”. These issues are significant drivers of offending behaviour and addressing them is key to reducing recidivism. However, to be most effective, these services must be complemented by diversion programmes that prevent people with complex needs from entering the prison system in the first place. 

  • Aontú will provide on summary a six-month custodial imprisonment sentence or on conviction or indictment, two years imprisonment for attacking and injuring a Garda. 

[IPRT understands that this relates to a Bill tabled by Aontú that, if enacted, would provide for a minimum custodial sentence for those who physically assault a Garda or a Health or Emergency Service worker.] 

IPRT is completely opposed to mandatory/presumptive minimum sentencing regimes as a measure to reduce crime. It is IPRT’s clear position that such sentencing regimes are regressive, ineffective, and extremely costly to society and State. National and international policy consensus is that mandatory sentencing does not work. For example, the Law Reform Commission (2013) recommended that the use of presumptive minimum sentencing regimes not be extended to other offences and the Strategic Review of Penal Policy (2014) recommended that no further mandatory sentences or presumptive minimum sentences should be introduced.   

See IPRT’s position paper on Mandatory Sentencing.  

  • Aontú will introduce a minimum sentence for child abuse, child pornography and sexual exploitation of children. There are far too many people walking free and of those who are sentenced get off lightly given the impact of their crime on a child. 

Protecting children from abuse and exploitation is a vital priority, but introducing mandatory minimum sentences risks unintended consequences. Judicial discretion is essential for ensuring that sentences reflect the complexity of individual cases. IPRT believes that a better approach would involve implementing comprehensive sentencing guidelines that promote consistency while preserving flexibility and judicial independence. 

  • Aontú will change the law so that any young adult over the age of 14 who has gained more than 5 JLOs will be treated as an adult for subsequent sentencing. 

IPRT strongly opposes this proposal, which undermines the principles of youth justice. People aged between 14 and 17 are not young adults; they are children. This is clearly set out in the UN Convention on the Rights of the Child, which states “a child means every human being below the age of eighteen years”. Young people are at a critical developmental stage, and treating them as adults for sentencing purposes fails to acknowledge their capacity for rehabilitation. Evidence shows that young people respond better to age-appropriate interventions that focus on diversion, education, and support rather than punitive measures. The Garda Youth Diversion, operated by Juvenile Liaison Officers (JLOs), has been a cornerstone of Ireland’s youth justice system, successfully diverting young people away from the criminal justice system. Altering the programme to introduce punitive measures risks undoing its successes and could entrench cycles of offending. 

  • Aontú seek to repeal the Gender Recognition Act to end the shocking government practice of male born sex offenders being placed in women’s prisons. We have already tabled 
    legislation to this end. 

IPRT advocates for the rights and dignity of all people in prison, emphasising the importance of ensuring safety for everyone who lives and works in prison. Placement policies for transgender prisoners should be guided by international human rights standards, evidence-based risk assessments, and individualised considerations, rather than blanket legislative measures. The Council of Europe Committee for the Prevention of Torture (CPT) published a standard on the treatment of transgender people in prison in 2024, which should inform and guide any work in this area. 

Repealing the Gender Recognition Act risks undermining broader protections for transgender people and creating further marginalisation. A more appropriate approach would involve strengthening risk management procedures and investing in facilities that address the needs of all people in prison while ensuring the safety and dignity of vulnerable populations. IPRT understands that a policy relating to transgender people in prison custody is being developed by the Irish Prison Service and we hope to see the policy, informed by robust consultation and underpinned by human rights standards, published in due course. 

  • Aontú will ensure better communication between various state entities and wrap around supports for homeless people in terms of the prison service, social work, mental health and addiction services. The existing provision of specialist mental health staff in hospital A&Es, prisons and on-campus medical centres in universities needs to be expanded, and should include mental health nursing cover available to respond to mental health challenges and crises as they arise. 

IPRT strongly supports enhanced coordination and wraparound supports for people experiencing homelessness, particularly those with complex needs such as mental health and addiction challenges. Housing instability and unmet health needs are significant contributors to offending and recidivism. Investing in these supports can reduce the likelihood of people entering the criminal justice system and improve outcomes for those leaving prison.  

  • We will not permit the entry into the country of anyone with a criminal record. Living in Ireland is a privilege, one which will not be extended to those who have not respected the laws either in their home country or in another in which they have lived. 

While ensuring public safety is a legitimate concern, blanket restrictions on entry into the country for people with criminal records are very problematic. Foremost, international best practices emphasise the importance of supporting rehabilitation and reintegration, including for those who may have served their sentences in other jurisdictions. A blanket ban on entry undermines these principles. Such a ban could have a disproportionate impact, with such measures failing to account for the wide variation in criminal offences and their contexts, treating all offences equally. Furthermore, denying entry solely on the basis of a criminal record may contravene international obligations to protect people fleeing persecution, particularly in cases where prior convictions are linked to oppressive regimes or unjust legal systems. 


For IPRT’s 10 Priority Proposals for General Election Manifestos 2024, click here. 

 

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