What progress has been made on IPRT’s 2020 election priorities?

In 2020, IPRT outlined five priority areas for the newly formed coalition Government to include in its Programme for Government. 

So, where are we now, more than four years on? 

1. Pass and enact the Criminal Justice (Rehabilitative Periods) Bill 2018 

What we said in 2020: 

Thousands of people in Ireland with past convictions face enduring barriers to employment, education, and other essential opportunities, even for minor offences. The Criminal Justice (Rehabilitative Periods) Bill 2018, championed by Senator Lynn Ruane, offers a pathway to reduce the weight of these lifelong consequences by expanding the range of convictions that could become ‘spent’. 

What we say now: 

IPRT, alongside thousands of people impacted by old convictions, still awaits firm legislative action to secure these critical changes. The Programme for Government made a clear commitment to broaden the range of convictions that can be considered spent. The Minister for Justice launched a consultation on spent convictions in 2020. However, there has been no progress on expanding access to spent convictions, despite the objective to ‘publish proposals to extend the range of the spent convictions legislations’ outlined in the Justice Plan 2021 and an objective to support the work of the Oireachtas in progressing the Criminal Justice (Rehabilitative Periods) Bill 2018 featuring in the 2022, 2023, and 2024 editions of the Justice Plan. The next Government must prioritise this Bill to allow for genuine rehabilitation and reintegration opportunities. 

2. Establish a cross-departmental Task Force on mental health and imprisonment 

What we said in 2020: 

People with acute mental health issues are ending up in the prison system due to a lack of access to appropriate mental health services in the community. This must stop. A cross-departmental Task Force could address this issue, focusing on diversion, community mental health services, and suitable therapeutic settings. 

What we say now: 

In 2021, a High-Level Task Force on Mental Health and Addiction was established, representing a positive step toward addressing the intersection of mental health, addiction, and the criminal justice system. The Task Force issued a comprehensive set of recommendations in its Final Report in 2022, aimed at improving mental health support, diversion options, and treatment pathways. This initiative marks a welcome commitment to reform, but sustained action and investment are still required to make substantial improvements in outcomes for people with mental health and addiction issues who continue to be overrepresented in the criminal justice system. It is welcome that progress on these recommendations is being tracked annually. However, these issues cannot be addressed in isolation or by the criminal justice system alone. The next government will need to demonstrate bravery, ambition and commitment to deliver the Task Force’s recommendations on a cross-departmental basis.  

3. Invest in Community-Based Sanctions and Restorative Justice   

What we said in 2020: 

Ireland is over-reliant on imprisonment as punishment. Community sanctions are cheaper, more effective, promote pro-social behaviour and active citizenship, and are less damaging than prison. The next Programme for Government must commit to investment in community-based sanctions nationwide, including national rollout of evidence-led approaches such as restorative justice. 

What we say now: 

There have been incremental advancements in the development and delivery of community sanctions, but investment remains insufficient to support a robust nationwide system. Additionally, long-awaited legislation to further anchor these sanctions as a core part of our penal system, the Community Sanctions Bill 2014, has not progressed during the lifetime of the current Government. Data from recent years indicate that the short prison sentences (of less than 12 months) handed down annually continue to far outnumber the number of community service orders, underscoring the need for a shift in sentencing priorities. While the Department of Justice published a policy paper restating its commitment to restorative justice and increasing funding for restorative justice provision in 2023, it is clear that legislative advancements are required.  

4. Establish a Penal Policy Consultative Council as recommended in the Strategic Review of Penal Policy 

What we said in 2020: 

It is critically important that the incoming government maintain the current commitment to supporting the development of evidence-led policy. It is also critical that all policy and legislative proposals are grounded in evidence of what works to reduce crime, and subject to robust impact assessment before introduction. 

What we say now: 

Progress on this key mechanism, first recommended 10 years ago, has stalled. The Consultative Council has yet to be established, limiting the potential for coordinated, evidence-based penal policy development. We continue to call for its creation, as its absence hinders the development of long-term, coherent penal policies grounded in research and best practices. The next government should prioritise this Council as a mechanism for sustainable, progressive reform in penal policy. 

5. Ratify the Optional Protocol to the UN Convention Against Torture (OPCAT) 

What we said in 2020: 

External independent monitoring of all places where people can be deprived of their liberty in Ireland needs to be strengthened to prevent potential torture and ill-treatment. Legislation to ratify the OPCAT and establish a National Preventive Mechanism (NPM) needs to be brought forward to improve accountability in all places where people can be detained.   

What we say now: 

Ireland is now the only country in the EU that has not ratified OPCAT and established an NPM. While the General Scheme of the legislation intended to ratify OPCAT was introduced in 2022, the Bill has stalled, despite remaining on the ‘Priority Drafting’ list in the legislative programme. Ratifying OPCAT would align Ireland with international human rights standards and provide essential oversight. We urge the next government to prioritise the swift ratification of OPCAT without further delay.