One example of the provision for restorative justice principles generally, and specifically within the management of adult offending, can be further evidenced in the work of the non-statutory restorative schemes under investigation for the purpose of this research thesis. These restorative models have been in operation since 1999, operating both victim offender mediation (VOM) and offender reparation panel (ORP) programmes. The
85 Liam Leonard and Paula Kenny ‘Measuring the Effectiveness of Restorative Justice Practices in the
Republic of Ireland Through a Meta- Analysis of Functionalist Exchange’ (2011) 91The Prison Journal
Volume 57, 59. See also Liam Leonard and Paula Kenny, ‘The restorative justice movement in Ireland:
building bridges to social justice through civil society’ (2010) 18 Irish Journal of Sociology 38, 40.
86 Anna Eriksson Justice in Transition: Community Justice in Northern Ireland (Collumpton: Willan
Publishing, 2009) 36.
87 Anna Eriksson Justice in Transition: Community Justice in Northern Ireland (Collumpton: Willan
Publishing, 2009) 36.
88 Rachel Monaghan, ‘The Return of ‘Captain Moonlight’: Informal Justice in Northern Ireland’ (2002) 25
Studies in Conflict and Terrorism 41, 42.
89 Jim Consedine, ‘Restorative Justice: Could Ireland Lead the Way’ (1999) 88 Studies: An Irish Quarterly
Review 132, 134.
90 C. Bell, ‘Alternative Justice in Ireland’ in Norma Dawson, Desmond Greer and Peter Ingram (eds.), One
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emphasis on restorative justice principles within Irish, adult based criminal justice policy can be traced back to the second half of the 1990’s.91 During this period, the National
Crime Forum in its consultation on crime in Ireland heard a number of presentations on the restorative justice concept. These recommendations included calls for a re-think on the way in which crime was being managed, including the need for a ‘fundamental change of focus to make the prison the option of last resort, to be used sparingly and only when all other options have been tried or considered and ruled out for cogent reasons’.92 Early in 1999 approval was received for payment of grants through the
Probation Service for two pilot restorative projects for adults, operated by local committees in conjunction with the Courts, at Nenagh, Co. Tipperary and Tallaght, Co. Dublin. In the following sections I will outline the history and development of the panel models in more detail. Before this however, it is necessary to trace the restorative timeline in regard to this increased interest in the utilisation of restorative justice principles as part of Irish criminal justice policy.
Following on from the statutory implementation of juvenile restorative group conferencing as part of the 2001 Children Act by way of the Garda Juvenile Diversion Programme,93 a number of influential reports followed further raising the restorative
profile. For example, in 2006 the Joint Committee on Justice, Equality, Defence and Women’s Rights examined the potential of restorative justice and heard oral submissions from both adult based panel projects as well as the Secretary General of the Department of Justice and senior representatives of both the Probation Service and Garda Síochána.94 The Joint Committee’s report contained a total of 10
recommendations, and proposed that restorative justice should be developed as a more regular feature of the Irish criminal justice system and that those existing models should be supported. Other recommendations included increasing the funding streams for
91 David O’Donovan, ‘The National Commission on Restorative Justice: A Review and Plan for
Development’ (2011) 8 Irish Probation Journal 165, 165.
92 National Crime Forum: National Crime Forum Report (Dublin: Institute of Public Administration, 1998)
142.
93 Sections 78-87 of the Children Act 2001. The juvenile model is outlined in more detail within the
following sections of this introductory chapter.
94 See the Joint Committee on Justice, Equality, Defence and Human Rights: Report on Restorative
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restorative programmes, as well as increasing both the awareness and engagement of the judiciary in restorative justice practices. Furthermore, the Joint Committee recommended that restorative practices for adult offenders should follow the juvenile model and be provided for in legislation. In accumulating cross-party support within the Irish National Parliament (the Oireachtas) as well as raising the profile and potential of restorative justice as a viable option within the Irish justice system generally, this report has been seen to represent an important political reference point for the paradigm.95
In its presentation to the Joint Committee, the Probation Service argued that, as well as expanding the existing adult pilots, a cross-sectoral working group should be commissioned in order to review restorative models both in Ireland and internationally and create proposals for further development. This proposal was endorsed, with the Joint Committee recommending that such a group be created ‘to develop a national strategy for restorative justice that is based on international best practice’.96 It was the
Committee’s view that this particular group of practitioners and academics would assess the value and impact of restorative practices and develop a restorative blueprint for the national roll-out of restorative services which would best suit the Irish jurisdiction.
In March 2011, the then Minister for Justice, Equality and Law Reform, Michael McDowell TD, announced the establishment of the proposed National Commission on Restorative Justice and highlighted the victim and community focus, as well as the potential for accountability and repair of past harms that restorative justice can provide. The Commission was chaired by a Judge of the District Court with members drawn from senior management in the principal criminal justice agencies involved, including the Probation Service, the Courts Service, An Garda Síochána and the Director of Public Prosecutions. As O’Donovan succinctly sums up, the core goal of the Commission was to explore the use of restorative justice with persons brought before the Courts on criminal charges and to make recommendations as to its potential wider application in the Irish
95 David O’Donovan, ‘The National Commission on Restorative Justice: A Review and Plan for
Development’ (2011) 8 Irish Probation Journal 165, 166.
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jurisdiction.97 The Commission produced an Interim Report in March 2008, followed by
a Final Report in June 2009. Within both reports it recommended the particular restorative models which would be most appropriate and cost effective when utilised within the Irish criminal justice system, one of which was the reparation panel model, whether these models should be enshrined in legislation, the specific offences and Courts to which restorative justice would be best suited and the particular roles of key stakeholders such as the Courts, Probation Service, Gardai, victims and local community members. A number of the Commission’s findings were directly related to the practice and policy making of the adult based reparation panel models. These findings, and the background and development of both reparation programmes, are further explored within the next section of this chapter.
1.8 Adult Reparation Panel Programmes: Restorative Justice Services and Restorative