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Dublin: 12 °C Saturday 25 May, 2013

John Lonergan: prison is not the way to deal with social welfare fraud

The former governor of Mountjoy said that prison should only be used as a last resort when somebody is a risk to society.

Fromer Governor of Mountjoy John Lonergan outside the prison (File photo)
Fromer Governor of Mountjoy John Lonergan outside the prison (File photo)
Image: Graham Hughes/Photocall Ireland!

THE FORMER GOVERNOR of Mountjoy Prison John Lonergan has said people who commit social welfare fraud should not be sent to prison.

Instead, Lonergan said that the most effective way of penalising people with money and resources is through their pocket, and that the money collected could be used to help communities that are in need.

He made the comments a day after a woman who claimed over €200,000 in social welfare payments over fourteen years was sentenced to three years in jail for social welfare fraud.

“I think this particular case and some other cases raise the issue around the need for public debate about what does a society in 2012 really need in terms of punishing people who do wrong,” he told Newstalk Breakfast this morning.

Lonergan said that prison should be a last resort which should only be imposed when somebody is a risk to society.

“We do need to upgrade our thinking,” he said. “We’re obsessed that prison is the only way to penalise a citizen when they commit wrong, whether that’s a violent wrong or whether it’s a financial wrong. I just question that”.

He said Irish society needs to look at whether it should be placing large numbers of non-violent offenders in jail.

“The conviction of people in court, in public, the shame of that, the humiliation of that, is just as effective as sending them to prison”.

“I wonder are we penalising and creating problems down the road, or are we solving problems?”.

There are currently 4,401 people in prison in Ireland according to the Irish Penal Reform Trust.

Call for radical change in Irish prison policy >

Previously: Guess how many people have been jailed for not paying fines this year? >

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Comments (60 Comments)

  • This makes perfect sense. I don’t see why non-violent offenders should be treated as if they were, causing them to come out worse than they went in. Can anyone who disagrees please explain to me what benefit it is to society to keep them locked up costing the taxpayer a fortune? I don’t see how community service or some other form of public humiliation to repay a debt to society is a bad idea.

    Reply
  • Well if you commit social welfare fraud, you’re robbing from society. It stands to reason that you should do quite a bit of community service to make up for the sum stolen. Whether that should be in conjunction with a prison sentence depends upon the motives behind the crime. If you exaggerate your claim because you’re house is about to be taken off you by the bank, then that is one thing. If you exaggerate it because you want to have a middle class lifestyle without working, then that is another.

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  • A man I respect generally, i think he is wrong in the case, this couple had at varying times nearly 2 million in their accounts, indeed it was estimated 1.9 million was withdrawn or lodged over a number of years.

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  • John 24/05/12 #

    Fine them if they claimed welfare illegally for a few weeks, or even a few months to a year but if it’s endemic for the individual and has been pre-meditated fraud over many years then throw the book at them, up to and including jail.

    The social welfare system is contributed to by all, the state is economically in dire straights and the welfare system is supposed to be a net to help protect the vulnerable or to help people get back on their feet which it has done well for many friends and most are now back in employment and have managed to keep their houses, dignity etc, it’s not as a lifestyle choice and there need to be serious reprocussions for abuse of it.

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  • What’s the point? It’s going to cost the taxpayer even more money to keep a person in jail. Hit them in the pocket – at least that way they make a real contribution to society.

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  • So people who steal shouldn’t go to jail?

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    • What he’s trying to say is that there are other ways of punishing people besides sending them to jail.
      People usually come out of prison worse than they were when they went in. He is saying that other sanctions should be considered first and if none of them are appropriate, then prison should be used as a last resort.

      It costs over €70,000 a year to keep someone in prison, and often doesn’t do the person or society any good. Fines, community service, probation, house arrest etc would often be more beneficial overall and would still be an adequate punishment.

      Obviously dangerous violent offenders are a different story and prison actually does serve a purpose in that case.

      Reply
  • I have read that she actually paid back the money she defrauded in full? About 200k. Now instead of using that recouped money for some worthy cause we are spending about 200k on imprisoning the woman? BRAIN DEAD desicion. Let her do community service that way she might just actually help out in society for once in her life. This way her kids will likely suffer at the hands of her alco husband , I am no bleeding heart liberal but to jail her is counter productive and costs a stupid amount of money.

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  • prison is the place for people who crimes against society. is a place of punishment and meant to be harsh so the offender wouldnt want to go back! maybe if mr. lonergan ran mountjoy in a similiar fashion it wouldnt have been a wash with drugs and gang culture etc.

    Reply
    • Paddy O Donnell
      I agree wholeheartedly
      If Mr Lonergan had spent as much energy on his own remit as he did travelling and talking on the ”after dinner speech circuits” then he may have managed Mountjoy better and it may have been a safer and more secure place for prisoners and staff alike.
      It is entirely his mindset and subsequent ”orders” as Governor I reckon that had Mountjoy ” a wash with drugs and gang culture etc”
      Mr Lonergan you are retired , go away !

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    • how dare they, dole cheats, i don’t care if they are only trying to feed their kids, leg irons and of to van diemen’s land with them

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    • The cost of maintaining this would be horrendous if biometric ID came in.

      The question is: Is a prison a place to rehabilitate Social Welfare fraudsters?

      I would propose. If the person is a forgien national that deportation on the spot, you have given up any amnesity rights. If the person is not, how about electronic tagging. Modern tags can have time dependent virtual walls, so the criminal (fraud is a crime) can have extended periods of curfew with very few exceptions. No going to court for leeways, a clear set of rules and enforced by specialist garda/prison officer unit.

      Add in financial penalties as much as possible. The probelm with fines and restricting resources is that these people claim hardship and the court doesn’t impose them (e.g. Guy has wife and three kids. He defrauds the system by double claiming. He spends the money in the pub and gambling every week for a year. Gets caught. If you fine him he will claim that his family will suffer (which they will) because they are already living under the poverty line.)

      Community Service would also be a possible option. What we could go for as well is the orange jump suit and shit job duty… i.e. clearing rubbish from an area.

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    • Harsh prison regimes lead to increased recidivism. Humane and civil regimes lead to increased rehabilitation.

      Prison should only be used if the offender presents a risk to society. Locking people up uses scarce tax payer resources.

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    • People are sentenced to prison as punishment not for punishment, or vengence as you seem to wish for!

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    • That’s just shows your complete ignorance on the subject. Open prisons as a last resort for social fraud, these people should hit in the pocket first, what about prison for tax avoidance, now there is were the real money is, not the poor trying to cheat the system.

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    • Absolutely agree Paddy. Lonergan was an apologist for his inmates. You’d swear they were all wrongfully imprisoned.

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  • When did comments on the journal descend to daily mail level? The man is talking perfect sense; prison is a punishment but it’s real goal is rehabilitation. Now, plenty of research shows that for non violent crime, putting people in prison makes them MORE likely to reoffend. Not surprising when you consider prison is a vicious place with extreme cases and terrible violence / bullying.

    It also costs lots of money. Better solution ? Fine dole cheats, make them do 100s of hours of community service on top.

    This punishment fits crime, and the research indicates it’s a greater deterent and state makes some of the losses back. But hell, who cares about research and facts right?! Let’s just all rant to satisfy our pathetic sense of outrage that someone would suggest justice over vengeance !

    *facepalm*

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    • Exactly David. 50% of people who are jailed go back to jail within 4 years of release – hardly an ideal situation….

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    • “Putting people in prison makes them more likely to reoffend” I would say try locking up the hundreds of serial offenders who are causing havoc in society. it’s to the damnation of this “justice” system that criminals are out to commit second and third murders with a string of previous convictions. Society deserves to be protected. Keep in mind that you generally have to have a list of previous before you get sent to prison in the first case. A simple way of sorting out the repeat offenders – if you commit an offense after you have been released you will have to serve the remainder of your original sentence (25%+) on top of the new sentence. That would sort out a lot of it. Keep in mind people that they are releasing 1400 prisoners from 1-8 year sentences over the next 2 years. Crime will balloon.

      Reply
  • Lonergan is a wise man, I think. In this particular case, a woman cost the state €200,000 in welfare fraud; and now we’re going to spend €210,000 to keep her in prison for three years. Seems that fining her from whatever her sources of income are until the €200,000 is paid back with interest would be a better method.

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  • And still we wait for fraudulent bankers to appear in court

    see http://tinyurl.com/ceu3zjm

    Reply
    • John 24/05/12 #

      I’m personally still hoping that will happen, I don’t think the investigations into banking fraud have stopped, I think (or hope at least) that it’s just a much, much more complex process and therefore takes longer to build a book of evidence against individuals.
      I believe we will see the day where some of them will get lengthy jail terms.

      Reply
  • Talking absolute bollix scrap croke park.

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  • social welfare fraud bad bank fraud acceptable

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  • Mike 24/05/12 #

    Tie them to the spire in O’Connell St and give 500 lashes, leave them there for 2 days meanwhile clean out their bank accounts and all worldly possessions!. Fraudsters will think twice!, cheap effective and fun to watch’.

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  • This man John Lonergan’s ideas are pretentious ignorant. The man may have good ”intentions” and he may want to live in world full of good and happy ” Ideals” but he is not realistic.
    Now what I believe is unfortunate about this case is the ease at which this woman has been investigated , charged and convicted even tho she was defrauding the state for 14 years,AND YET not one banker nor developer has been charged with any crime against our state.
    That aside , of course the woman should be in prison and made realise that she stole . It is not good enough that John Lonergan with his self assumed authority on all things ”prison” should come out and say “The conviction of people in court, in public, the shame of that, the humiliation of that, is just as effective as sending them to prison”.
    Has he not grasped that people like this woman have NO sense of shame , only a sense of failure for ”being caught”. Leave her the hell in jail.

    Reply
    • He’s not saying not to punish her – he’s saying that a fine or something else would be a more appropriate punishment.

      We’re paying a fortune to imprison her despite the fact that she doesn’t pose any threat to members of the public.

      The harm she caused was to leave the state out of pocket, but it’s being left even more out of pocket by imprisoning her.

      Reply
    • You know Susie, I don’t mean to be offensive but I think you are the one with the pretentious and ignorant comment. I mean, it’s a bit much for you to call him ignorant, him, the former governor of Mountjoy prison, when he’s talking about an area that he has spent the majority of his life working in. He has first-hand, longitudinal experience of prisons and the prison service in Ireland.

      Now I could be jumping the gun here, maybe you also work in the prison service, maybe you have talked to many people who have been imprisoned for many different types of crime. Maybe you do have empirical evidence to bolster your position hell maybe you’re at the forefront of research into the beneficial effects of imprisonment on society. If you are, I’m sorry and I retract everything I’ve said of you.

      Sadly I think this is all unlikely, I think you’ve based your comment on your own, possibly narrow, experience and honestly, I think I’d much rather heed the words of John Lonergan who’s self-assumed authority on all things prison is supported by a good 40+ years of work in prisons.

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    • Chris Connolly M .
      It is ok . I have many years of experience working in Mountjoy Prison.I knew Mr Lonergan as my boss. So , yes I have many many years of experience working with prisoners . male and female. Mr Lonergan had some strange ideas about prisoners and why they committed crimes. As I said he was an idealist . His job was safe custody and security .

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    • Susie says Lonergans comments are ignorant. Easy to throw this type of stupid comment about. He did work in the prison system for 40 years so I suggest ignorance is the last thing he shoud be accused of. His ideas are worth consideration as clearly our prison system has failed in all aspects except perhaps satisfying the primal instinct of the hang em and flog em brigade.

      Reply
  • It surprises me that a man who worked 40 years with some of the most violent, vicious and immoral people would think the ‘shame’ and ‘embarrassment’ of a conviction would serve as punishment… Good theory in principle but these people don’t feel shame, they are not embarrassed. It’s a way of life. It’s also a little disconcerting that a man who was governor and in charge of Mountjoy prison so long seems to not believe in actual imprisonment. No wonder the place is a shambles.

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  • I think 25 hours a week of community service should be compulsory to receive social welfare in the first place

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    • That’s what you call a job…

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    • So if you work and pay taxes for 30 or 40 years and are unfortunate enough to lose your job, you should then have to work for social welfare payments that you have contributed to? Really?

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    • Yes. Particularly long term unemployed. There should be nothing for nothing

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    • And it’s not for punitive reasons. This would give someone a reason to get out of bed in the morning, would add structure to their routine. They’d meet new people. They might even develop skills to help the get a job. It would help eliminate abuse of the system. Their kids would see them getting up and going out to “work”. Don’t know what the negative reactions are for.

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    • @Srap, my negative reaction is because you appear not to be distinguishing between the genuinely unemployed who would like to get back to work and dossers with no intention of ever working..
      I agree there should be nothing for nothing, that’s why we pay taxes.
      By all means force dossers to contribute to their payments, and withdraw payments to those who refuse.
      But if you bring your suggestion to its logical conclusion, then why don’t the government lay-off all county council workers (whose work is in essence community service) and make them do the same work for lesser dole payments.

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    • Excellent idea Noddy. The people you refer to are “social welfare ++”.

      I know a bar man who works in North Couny Dublin who tells me the bar is hopping at 9am with county council workers on a sickie. Every Monday this happens except bank holiday Monday’s when they earn triple time and usually work 12+ hours. Those weekends they appear on Tuesday’s

      Reply
  • I’m not sure that impoverishing someone is any better solution than imprisoning them. Remember that a lot of people committing social welfare fraud aren’t actually rich, just not entitled to the welfare they were claiming.

    A better solution would be to find a way of forcing them to give something back to society.

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    • In fairness, he’s not calling for blanket fines on everyone who commits welfare fraud, he’s just saying that “prison should be a last resort which should only be imposed when somebody is a risk to society.” I think that’s a pretty common-sense kind of approach, really. In some cases fines will work better, in others community service might be more practical.

      Reply
  • Good old John lonergan. He was governor of a prison where a young man was murdered on his watch and he never resigned. That’s just one incident among many.

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  • Go away John lonergan…. Play golf or something. Stop annoying me

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  • For every person falsifying Social Welfare Recipients paperwork with opinions that do not exist, prison is exactly the place to put them.

    You do not leave Irish People to starve by falsifying their paperwork just to hide economic mistakes made by the pretentious.

    Reply

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