Fianna Fáil launched their election manifesto, Moving Forward. Together, on Monday 11 November 2024. Below, IPRT analyses relevant proposals contained in the manifesto.
Establish a standalone Department of Justice and Public Safety
Little is known about the specifics of how this would operate. As such, IPRT cannot analyse this commitment thoroughly. However, there may be potential benefits in creating a dedicated Department of Justice and Public Safety, removing certain other responsibilities from the current Department of Justice (see pages 10 and 11 for further detail) to allow it to focus more specifically on public safety policy. To be effective, any such department must be equally committed to the rehabilitative and preventative aspects of justice, not solely enforcement. An isolated focus on enforcement could lead to an overly punitive system. This department should include a strong commitment to rehabilitation and collaboration across sectors – especially health, housing, and social services – to address the root causes of crime. With proper planning, this department could advance cross-agency efforts to reduce offending and reoffending.
Build the 1,100 prison places funded in Budget 2025 and increase the number of prison officers proportionally
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.
See IPRT’s Progress in the Penal System (2022) – Standard 2: Imprisonment as a last resort (p.33)
Assess the need for a women’s open prison
IPRT has been calling for the establishment of an open prison for women for many years. In particular, the absence of an open prison for women was noted in IPRT’s election priorities. Many women in the justice system would benefit from settings that place an enhanced focus on reintegration and afford them more opportunities to maintain strong family ties.
While generally welcome, caution is advised in ensuring that this does not lead to a greater number of women in custody and instead ensures that women who are currently or would be held in closed prison settings are supported to move to lower security settings. Furthermore, this approach should emphasise the importance of reducing the number of women in custody, especially for non-violent offences, where community-based alternatives are more effective and less disruptive to families and communities.
See IPRT’s Progress in the Penal System (2022) – Standard 6: Open prison provision (p.39)
Legislate to allow judges to impose minimum prison terms for people given life sentences
IPRT is concerned about proposals to allow judges to impose minimum prison terms for people sentenced to life sentences. See IPRT’s initial reflections on the recently published General Scheme of the Life Sentences Bill 2024, which has the same aim. Particularly, IPRT is concerned that under current proposals the court would be obliged to specify a recommended minimum custodial term in all cases where a life sentence is imposed.
Instead, IPRT supports an evidence-based approach that relies on individualised sentencing and periodic parole review by the statutory Parole Board, which balances public safety with opportunities for individual rehabilitation.
Increase sentences for those involved in the supply of drugs. The punishment imposed must reflect the destruction and devastation that those drugs impose on our communities
IPRT recognises the impact that drug-related crime can have on communities, however, harsher sentencing is unlikely to act as a deterrent, particularly for those on the lower levels of the drug trade who are often themselves vulnerable or marginalised. IPRT believes that any such proposals must be grounded in robust data analysis and evidence of what actually works to reduce reoffending. Additionally, assessments of the impact that any changes to criminal law and procedure will have on the number of people in prisons should be conducted in advance and should be costed accordingly. More effective measures would include addressing socioeconomic factors contributing to drug use and pursuing targeted interventions for those at risk of involvement in supply of drugs offences.
Introduce x-ray body scanners for visitors to our prisons and fund the upgrading and improvement of netting over all prison yards.
IPRT understands the need to stem the flow of drugs into prisons. While the use of body scanners may help reduce illicit items entering prisons without resorting to invasive physical searches, it is essential to balance security with dignity and privacy. Investment in rehabilitation programmes, rather than an overly punitive focus on security, will ultimately reduce reliance on contraband within prisons and improve the overall prison environment.
Reduce recidivism by rolling out nationally the voluntary restorative justice programme and the Youth Diversion programmes.
IPRT fully supports the inclusion of restorative justice in this manifesto. While the national provision of restorative justice is needed, it is also vital that the role of restorative justice is cemented in legislation so that courts are encouraged to refer cases to restorative justice at all points in the criminal justice process.
IPRT also supports the roll-out of proven Youth Diversion programmes. These initiatives provide opportunities for young people to address the harm caused by their actions, hold them accountable, and foster rehabilitation, ultimately enhancing public safety.
Legislate for mandatory minimum sentences for people who assault emergency workers in the course of their duties.
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 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.
Strengthen knife crime legislation to provide for tougher sentences.
Knife crime must be addressed. However, evidence suggests that increasing sentence lengths does not necessarily deter offending. Indeed, for some offences, longer prison terms can increase the odds of further offending. In our priorities for manifestos, IPRT called on all parties to avoid increasing any sentences without robust evidence of necessity or effectiveness.
Increasing sentences as a deterrent may not address the underlying factors leading people to carry knives. Effective responses include community-based education and prevention programmes, investment in youth engagement, and proven interventions like the public health approach to reduce violent crime. Instead of reactive populist proposals, Ireland should look to other jurisdictions for approaches that have been proven to reduce knife crime – for example, the public health approach taken by Violence Reduction Units in Scotland.
The manifesto also contains a range of commitments relating to drug use, including commitments to: ‘Continue to develop our health-led response to drug addiction’, ‘Decriminalise drug possession for personal use’*, ‘Prepare and publish a formal national position on cannabis regulation following engagement with other countries and health professionals’, and ‘Introduce legislation to require those found in possession of illegal drugs for personal use to attend educational or treatment programmes’.
While this is beyond the immediate focus of IPRT’s work, we note that the proposals – while a welcome step – are not consistent with the Oireachtas Joint Committee on Drugs Use recommendations to ‘decriminalisation of the person in relation to the possession of all substances for personal use’ and the Oireachtas Committee’s position that ‘issuing mandatory health referrals for those found in possession of drugs risks perpetuating existing, harmful stigma, and it will likely draw limited health resources away from those who need them most’.
*It was later clarified that the commitment in the manifesto refers to plans to decriminalise possession of cannabis only.
For IPRT’s 10 Priority Proposals for General Election Manifestos 2024, click here.
Respect for rights in the penal system with prison as a last resort.