Republican News · Thursday 13 March 2003

McDowell spots tip of the iceberg

Michael McDowell gave equality groups a pleasant surprise this week when he admitted that the 26-County justice system is class biased.

The Justice Minister slammed judges for routinely sending the less well off to prison, while letting middle class workers off with a fine for the same offence. He added that prison had a 'colossal' detrimental effect on any individual's future life.

McDowell welcomed a report by the Law Reform Commission recommending that fines for corporations be three times those for individuals and that judges be obliged explain their reasons for imposing a prison sentence in writing.

All the minister's comments were correct and long overdue, but he is only dealing with the tip of the iceberg of inequality in the criminal justice system.

Last year, the Joseph Rowntree Report found significant inequality in access to justice for deprived communities. It also found that the state has the second fastest growing prisoner population in Europe.

We know that only a minority are imprisoned for serious offences. One in four people are in prison for nonpayment of fines. Imprisonment is overused, and community service underused.

The European Committee for the Prevention of Torture found that few facilities are provided for prisoners and that medical services for prisoners are below standard. Few services are available for prisoners on release, and homelessness among ex-prisoners is a growing problem.

But McDowell seems to be incapable of putting his money where his mouth is.

Everyone has an equal right to justice and to security in their own communities, and it was hoped that Budget 2003 would begin a programme of reevaluation of the present justice system and of investment in justice for all.

However, in contrast to huge overtime payments for prison guards and increases for office premises and consultancy services, the government cut funds to victim support, the Garda Complaints Board, legal aid programmes, prisoner education, probation and welfare services and the community service orders scheme.

In making these cuts, they broke several of their Programme for Government commitments and ensured that access to justice remains unequal.

If McDowell really wants to tackle inequality, he could guarantee adequate funding for these services. He could ensure that all have equal access to adequate legal representation, with a view to getting people out of prison and keeping them out by giving them the support they need.