132 / 300
the offence but also according to the means of the
"Render. Furthermore, non-payment of the fine because
of
financial difficulties should not mean automatic
'Imprisonment—imprisonment should only follow where
h e
offender deliberately seeks to avoid paying. In 1971
°ver 2,000 of our prisoners were imprisoned without
t h e
option of paying a fine and a further 300 imprisoned
'
n
default of payment—a liberal application of the
^ e d i sh system could, I feel, do much to reduce the
nu
mber of offenders in our jails.
°
u
spended sentences
, The operation of the suspended sentence could also
.
e
considerably extended. This differs from probation
ln
that
there is no direct supervision of the offender—
.
ae
execution
of his sentence is merely suspended. There
ls
no statutory form of the suspended sentence in this
c
°untry, unlike in England, but it has nevertheless been
111
operation here since 1910. Because of the lack of
Published
statistics, it is impossible to judge the effi-
jy
ac
V of its operation. However, it was stated in the
^orthern Ireland case of
R. v. Wightman,
1951 : " The
Relatively small number of cases in which prisoners so
°ond by recognisances and against whom sentences
"
a v
e been recorded are brought before the court to
•eceive judgement or sentence is the best evidence that
c
°uld be afforded in support of the retention of the
Practice."
Efforts have been made to show you that our present
P%>on system has failed miserably. There are undoubt-
-ly many reforms that must be introduced to rectify
"
e
graver defects. Improved educational, recreational
a n
d work facilities would be essential. We could intro-
duce more open prisons on the lines of those at Shan-
ganagh and Shelton Abbey. We could follow the exam-
ple of the Swedes and introduce their "furlough system"
that is where prisoners are allowed out for a couple of
days every few months. We could allow conjugal visits
by the prisoner's spouse. However, such reforms, wel-
come as they would be in relation to our present penal
system, cannot go to the root of the problem which lies
in the very concept of prison itself. Ou r aim must be,
not so much to reform prison conditions but to abolish
as far as possible the whole concept of imprisonment.
Th e alternatives outlined could, if properly utilised, do
much towards this end. We cannot claim that we have
not sufficient resources—the suggestions outlined could
on the contrary save the Exchequer much of the £ 44
million spend last year on the prison system. T h e money
allocated for the proposed women's prison could instead
be utilised to introduce some of the new alternatives
and extend some of the old. Indeed, the shortsightedness
of building a new women's prison is shown by the fact
that in 1971 the daily average of women prisoners
was twenty-three—and many of these were convicted
of drunkenness and soliciting.
The Department of Justice and the Courts must be
willing to experiment and be willing to use the alter-
natives open to it. A greater onus perhaps lies on the
community itself. The purpose of these alternatives is
to treat the prisoner in the community. If we refuse to
undertake this new responsibility the alternatives just
will not work.
Finally, I would commend to you Oscar Wilde's
"Ballad of Reading Gaol" which goes a long way in
summing up the futility that is prison.
WILL
PATRICK McGRATH
Deceased/
Regional Manager of Allied Irish
Banks Limited, North Munster
Region
and late of 1, Mallow Street,
Limerick
Will an/ person having knowledge of
a Will of the above named deceased,
who died on 28th February 1974 please
communicate with —
M/s. ANTHONY CARROLL & CO.,
Solicitors,
Fermoy, Co. Cork
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131