Irish Penal Reform Trust

Party manifesto analysis 2024: Labour Party

The Labour Party launched their manifesto, Building Better Together, on Sunday 17 November 2024. Below, IPRT analyses relevant proposals contained in the manifesto.
 

  • Reduce the use of short-term custodial sentences for non-violent minor offences and make greater use of community service and probation orders.

This commitment closely aligns with IPRT’s long-standing advocacy for the promotion of non-custodial sanctions. This is a pragmatic commitment that not only aligns with evidence of what is effective in reducing reoffending, but would result in less cost to both the State and to communities. Furthermore, in recent public attitudes polling commissioned by IPRT, 81% of people in a nationally representative survey stated that it was important to them that the next government prioritise alternatives to prison for non-violent offences. Sustained resourcing and consistent implementation will be essential to fully realise this commitment. 
 

  • Invest in mental health care, addiction, and rehabilitation services.

It is in everybody’s interest that rehabilitation services and supports in the penal system are prioritised and adequately resourced. The treatment of people with mental health issues has been deemed among the “most pressing issues within Irish prisons”. As such, IPRT commends the commitment to improving mental health services within the prison system.

A range of recommendations in the area of mental health and addiction were set out by the High Level Task Force in 2022. These offer a roadmap to the next government for reform in this area. In particular, IPRT hopes that any future focus and investment in this area will prioritise the creation and resourcing of more diversion options for people with mental health issues at all stages of the criminal justice system.
 

  • Address the high number of people held on remand and introduce a pilot supported bail service for women.

Recognition of the need to reduce the high number of people on remand (pre-trial detention) is welcome. Pre-trial detention should only be used as a last resort, and its overuse exacerbates overcrowding and disrupts people’s lives, often unnecessarily. Women on remand often face unique vulnerabilities, particularly when they are the primary caregiver and pre-trial detention disrupts both families and communities while imposing significant costs on the State. A bail support programme that provides practical support in compliance with bail conditions would help women avoid unnecessary detention and offers a more humane approach. This commitment to a pilot programme aligns with IPRT’s election manifesto priorities, and the Department of Justice’s work on scoping the development of a women’s supported bail service. IPRT understands that consideration of a scheme is at a very early stage. 
 

  • Ratify the Optional Protocol to the UN Convention against Torture (OPCAT).

The ratification of the Optional Protocol to the Convention against Torture (OPCAT) would be a crucial step forward in the protection of rights through the provision of independent oversight of all places where people may be deprived of their liberty, including prisons, psychiatric facilities, nursing homes, and Garda stations. While we support the legislative action proposed, as highlighted in our election manifesto priorities, IPRT reminds all parties that OPCAT can be ratified immediately and make a declaration postponing the implementation of their obligations, as allowed under Article 24 of the Protocol. This would provide a clear timeline for ensuring the legislation is implemented within the lifetime of the new government and would signal a real commitment to accountability. 

See a dedicated section of the IPRT website on the ratification of OPCAT. 
 

  • Extend the role of the Ombudsman, now over 40 years in existence, to include complaints about the Prison Service and the process covering applications for International Protection.

IPRT strongly supports extending the Ombudsman’s remit to include oversight of complaints against the Irish Prison Service. Plans for the Ombudsman to provide this function in the area of prisoner complaints have been promised since 2016. Ensuring access to the Ombudsman for people in prison was among the issues raised in IPRT’s priority proposals for election manifestos. A transparent and accessible complaints system is essential to ensure accountability and fairness, and this extension would provide an independent mechanism for addressing grievances raised by prisoners and their families.

See submission of the Office of the Ombudsman in advance of General Election 2020, calling for the extension of its remit to cover prisoner complaints.
 

  • Support the Judicial Council to ensure that sentencing guidelines are adopted across the criminal justice system.

Sentencing guidelines are a critical tool for promoting consistency, proportionality, and transparency in judicial decisions. IPRT strongly supports this commitment, which featured in IPRT’s priority proposals for election manifestos. Ensuring that these guidelines are evidence-based and developed independently by the Judicial Council will help to address disparities in sentencing practices and rebuild public confidence in the justice system. Adequate resourcing of the Sentencing Guidelines and Information Committee will be essential to develop and maintain robust, up-to-date guidelines that consider the societal and rehabilitative contexts of sentencing.
 

  • Implement the Youth Justice Strategy and resource youth diversion projects.

IPRT wholly supports the implementation of the Youth Justice Strategy. There have been notable successes on some actions during the lifetime of the strategy, but there are some actions that are less advanced. In particular, IPRT notes the recent and ongoing work by the Department of Justice to consider diversion options for young adults aged 18 to 24. This is an area that should be championed by any government. IPRT also supports the resourcing of proven youth diversion projects. 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.  
 

  • Discrimination based on a person’s socioeconomic status is a reality for many people and disadvantaged communities in Irish society. Labour will update the Equality Acts and add discrimination on the grounds of socio-economic status to the law

IPRT fully supports the addition of socioeconomic status as a discrimination ground, as supported by others in civil society such as FLAC (Free Legal Advice Centres) and the #Addthe10th Alliance, and by the Irish Human Rights and Equality Commission (IHREC). While there is a lack of robust data on the social profile of people in Irish prisons, previous studies suggest that prisoners have a history of social exclusion, including high levels of family, educational and health disadvantage, and poor prospects in the labour market. This link between prison and social exclusion highlights the possible consequences of socio-economic deprivation, and supports the introduction of a specific ground of discrimination to help counter such disadvantage. IPRT has also called for the Equality Acts to be amended to introduce a ground of discrimination on the basis of a criminal conviction, as has IHREC.
 

  • We will implement a health led approach instead of the current failed policies. We will repeal Section 3 of the Misuse of Drugs Act, introduce a new National Drugs Strategy and act on the other recommendations of the Citizens’ Assembly and interim committee report.

Repealing Section 3 of the Misuse of Drugs Act would decriminalise personal possession, reducing the criminalisation of people who use drugs. The commitment to this shift aligns with international evidence showing that health-led approaches reduce reoffending and improve outcomes for individuals and communities. IPRT supports this reform and encourages to pair it with increased funding for addiction treatment, harm reduction services, and education programmes.
 

  • Introduce new criminal offences for pet abduction and farm animal theft.

IPRT notes that this is an emotive topic for many, but we emphasise the need for proportionate responses to such offending. Introducing a new specific offence may overlap with existing laws, potentially complicating enforcement rather than enhancing it. A more effective approach may involve ensuring consistent application of existing assault laws and examining necessary changes to pet control and ownership.
 


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

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