ECAN Bulletin, Issue 29, July 2016

Early Career Academics Network Bulletin

Justice and Penal Reform conference special No.1 July 2016 – Issue 29

Contents

Page

Introduction 2

Features:

Never Waste a good crisis’ An analysis of the current penal policy window in Ireland Jane Mulcahy, University College Cork 3

Citizens in Policing – A new paradigm of direct citizen involvement Ed Barnard, College of Policing Dr Iain Britton, Institute for Public Safety, Crime and Justice 19

Piercing the religious veil: Human rights of Devadasis in India Prashasti Singh, Hidayatullah National Law University, India 29

The youth centre as a ‘sanctuary’ in aiding safer communities for young people Dr Sarah Tickle, Liverpool John Moores University 39

Guidelines for submissions 52

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1 ECAN Bulletin, Issue 29, July 2016

Introduction

In the spring the Howard League edited collection with contributions conference Justice and Penal from eminent academics from Reform: Re-shaping the penal around the world discussing justice landscape welcomed academics, in terms of human rights, legitimacy practitioners and campaigners to and civic repair as well as justice in Oxford from both home and terms of societal institutions such abroad. Over the course of the as the police or prisons. This three days so many topics and ECAN special edition also seeks to concerns were addressed providing explore some of the ideas that so much food for thought. have been taken forward under the What is Justice? symposium and The conference was part of the allow those of you who were What is Justice? symposium, so unable to attend the conference to some of the issues discussed will join the debate. A further volume ultimately feed into its final report of papers from the conference will which will be published later this be published shortly as will the year. In the meantime, there are a audio from the conference plenary number of ways through which you sessions featuring contributions can delve into the ideas we are from Todd Clear, Alison Liebling considering. Take a look at the and Dirk Van Zyl Smit among book that preceded the conference others. Justice and Penal Reform is an

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Features

‘Never waste a good crisis’ An analysis of the current penal policy window in Ireland

Jane Mulcahy

Introduction

The title of this article, ‘Never waste a good crisis’ is a reference to the opportunity to take a different, more enlightened and principled approach penal matters following the implosion of the Irish public finances. It is a quotation derived from Governor Martin O’Neill’s (2013) application of Liebling’s Quality of Life research for prisoners and staff (see Liebling 2012; Liebling et al 2004) to the Irish context. This paper examines the years of unprecedented penal reform during the difficult electoral cycle of 2011 to 2016, a period characterised by financial austerity. While the discussion focuses on efforts taken by the new prison Jane Mulcahy administration to reduce overcrowding and tackle poor Election 2011 – a precarious time physical conditions and the various factors that contributed to long Before the General Election on 25 overdue change, including February 2011, Ireland’s leading increasing condemnation from penal reform NGO, the Irish Penal international human rights Reform Trust (IPRT) published its mechanisms and the Inspector of Policy Statement for Election 2011 Prisons, advocacy from penal - Ten Steps to Better and Safer reform groups, and the Communities1 arguing that it “it appointment of key personalities, makes social and economic sense namely a new Minister for Justice to place penal reform in a new and Director General of the Irish Programme for Government.” Prison Service.

1

http://www.iprt.ie/files/IPRT_Policy_Statem ent_for_Election_2011.pdf

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The outcome of the 2011 election According to the Whitaker Report in was that Fianna Fail, the dominant 1985: party since the foundation of the State, was ousted from power, Casual large-scale releases blamed by the electorate for the have been resorted to in order to economic collapse and the relieve congestion. The crippling EU/IMF bailout.2 The pressure on accommodation in change of political leadership, a prisons and places of detention coalition between centre-right Fine arises not only from the numbers Gael and the left-leaning Labour committed but from the length of Party, presented prison reform time effectively spent in prison. advocates with an opportunity to The Committee is in favour of impress on policy-makers that a custodial sentences being different approach to prison and reserved for the most serious prisoners was essential (Mulcahy offences (with the corollary that 2013: 142). very short sentences should be virtually eliminated) but is Putting the numbers in context opposed to any general lengthening of sentences or to Ireland’s prison population haphazard, as distinct from well- increased by 400% between 1970 judged, early releases. The 3 and 2011. In 1970, the daily Committee prefers a system in average prison population was 749 which sentences imposed would (Committee of Inquiry into the in fact be served subject to a 4 Penal System, 1985: para 14.15). higher standard of remission (1/3 as against the present ¼) for 2 In February 2011, Fine Gael won 76 good conduct, to a system of seats making it the largest political party in regular judicial review of all Ireland. The Labour Party increased their seats to 37. Fianna Fail was decimated, sentences of 5 years or more, going from the largest party with 71 seats, and to provision for supervised down to 20. In February 2016, the tide release at any stage if turned resoundingly against the outgoing recommended by review Fine Gael/Labour Government, in no small committees representative of all part due to anger about the effects of austerity and the imposition of water the services operating in prison. charges. A minority Fine Gael Government (Ibid. para 2.15) was formed in early May, with the support of a number of Independent TDS The Whitaker Committee ominously (representatives in the Dail). See “Enda predicted that the prison population Kenny announces minority government could expand to 4,000 by 1995 if Cabinet”, Irish Times, 06 May 2016, committal trends and “the tendency available at http://www.irishtimes.com/news/politics/en towards longer sentences” da-kenny-announces-minority- continued, stating that the impact of government-cabinet-1.2637567 (accessed “an increase of this magnitude 02 June 2016). would be very grave” (Ibid. para 3 See http://www.iprt.ie/prison-facts-2. 4 13.5). Although the Committee was However, O’Sullivan and O’Donnell (2012) explain that the historical low levels somewhat off in its forebodings as of imprisonment in Ireland must be understood as existing in a landscape of (p. 5) – often women, children and other non-penal institutions such as inconvenient siblings - were deposited by mental hospitals, Mother and Baby Homes their families. They suggest the purpose of and industrial schools, where “the difficult, this coercive confinement was frequently the deviant, the disengaged and disturbed” the protection of the family farm.

4 ECAN Bulletin, Issue 29, July 2016 to the precise timeline, between daily average prison population 1997 and 1999 Ireland’s daily increased from 2,948 (a rate of 77 average prison population per 100,000) in 2000 to 4,290 (94 increased by 32% from 2,227 to per 100,000) in 2010.7 2,929 prisoners (O’Donnell and O’Sullivan 2000:59). Between 1997 According to the recently published and 2011 prison numbers doubled.5 Irish Prison Numbers contained in the World Prison Brief, Ireland’s According to O’Donnell and prison population was down to O’Sullivan crime was not a major 3,733 on 30 October 2015, a rate source of concern for the public in of 80 per 100,000.8 On 04 July the early 1990s. They refer to The 2016 there were 4,292 prisoners in Sunday Press opinion poll in 1994 the system, of which 3,746 were in where only 3% of the public viewed custody, 364 were on temporary crime as the biggest social problem release and 503 on remand.9 (ibid: 1). In 1997, following two high profile murders involving a By adopting strategic measures journalist and a member of An such as those discussed in this Garda Síochána (a policeman) by article, the Irish Prison Service gangland figures, 86% of people (IPS) has safely and responsibly surveyed in a poll believed crime reduced prison numbers by 10% 10 was increasing. In its 1997 election since its peak in 2011 and is now manifesto Fianna Fail declared a better placed to prioritise war on crime, pledging to “adopt a rehabilitation, sentence planning zero tolerance policy on all crime” and resettlement of prisoners. The and to create 2,000 more prison recently published Strategic Plan places (Ibid: 43). Subsequently, the 2016-2018 sets out an ambitious European Committee for the agenda for the IPS over the next Prevention of Torture (CPT) stated three years and contains an that overcrowding in Irish prisons encouraging narrative account of was “endemic” (CPT, 2000: para the importance of human rights, 57). equality, ethics and dignity to the prison service as a “responsible As a result of Fianna Fail’s poorly organisation of the State”. (Irish thought out penal policies (which Prison Service, 2016a: 5) As had a blind faith that the dropping regards the subject matter of this crime rate in the late 1990s was article, the following statement is due to punitive zero tolerance and particularly relevant: an increase in prison spaces)6, the

staggering drop of 21 per cent in reported 5 See http://www.iprt.ie/prison-facts-2. crime since this government took office.” 6 O’Donnell and O’Sullivan (2000: 53) refer 7 See the World Prison Brief, Irish Prison to a Department of Justice, Equality and Numbers, 02 February 2016 at Law Reform press statement from August http://www.prisonstudies.org/sites/default/fi 2000 “full of self-congratulation” which les/resources/downloads/world_prison_po stated: “There is no question but that the pulation_list_11th_edition.pdf Minister’s policies are working. The 8 Ibid. number of crimes reported to the Garda 9 See http://www.irishprisons.ie/wp- Siochana in each of the three years since content/uploads/documents_pdf/04_July_ he took up office has declined and is 2016.pdf tangible proof of the success of his anti- 10 See IPRT Smart Justice = Safer crime measures … [There has been] a Communities at http://www.iprt.ie/

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We strive to ensure that and defecate in buckets or conditions of detention for all portable units in the cell during prisoners, either physical or lock up … On December 17th regime, conform to international 2010, 1,003 prisoners out of a standards including those total of 4,397 prisoners were instruments set out by the United required to slop out. (IPRT Nations as a minimum. Where 2011:3) possible, we strive to exceed these standards and become a Over the years the CPT repeatedly global leader in penal practice. called upon the Irish authorities to Where deficiencies are identified “eradicate” slopping out from the we ensure appropriate action is prison system (CPT 2011: para 48). taken to address same. We are The UN Human Rights Committee continuing to implement a (2008), the Inspector of Prisons comprehensive capital (2010) and the CPT all declared programme of works to that slopping out constitutes modernise and improve the “inhuman and degrading physical conditions of our prison treatment”. estate including reducing overcrowding and eliminating “slopping out”. We continue to build on the many positive developments made in this regard in recent years. (Ibid.)

Physical conditions

The phenomenon of ‘slopping out’ has been condemned as having a “direct and substantial bearing on the prison regime” (CPT 2011: para 48). In 1985 the Whitaker Report stated that prisoners should have “a wash-basin in every cell and ready access to toilet facilities at all times” (Committee of Inquiry into the Penal System, 1985: para 2.22). In a written submission to the Human rights mechanisms, the UN Universal Periodic Review in Thornton Hall Review Group and 2011, IPRT stated: political action

Conditions in our older prisons UNCAT Examination – May 2011 are in clear violation of a number In May 2011, Ireland was subject to of human rights standards. The its first periodic examination in ongoing practice of ‘slopping out’ Geneva before the UN Committee in Mountjoy, Cork, Limerick and against Torture and featured an Portlaoise prisons has received arrogant performance by the State national and international Delegation, led by the outgoing condemnation. A quarter of Irish Secretary General of the prisoners do not have in-cell Department of Justice, Sean sanitation. … prisoners urinate

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Aylward.11 IPRT made submissions Human Rights Commission, to the Committee against Torture UNCAT Rapporteur, Myrna on prison-related matters including Kleopas, did indeed press the State the human rights implications of Delegation to clarify the State’s overcrowding and ‘slopping out’ position on Thornton Hall.13 In and helped secure extremely June 2011 the Committee against strong Concluding Observations Torture recommended that Ireland (see ICCL and IPRT 2011).12 “Adopt specific timeframes for the At the NGO briefing session IPRT construction of new prison facilities was questioned by the Committee which comply with international Rapporteurs as to whether it standards. In this regard, the supported the development at Committee requests the State party Thornton Hall, a green-field site in to inform it of any decisions taken North Dublin. Reiterating its with regard to the Thornton Hall opposition to “the super-prison on prison project.’ grounds of location, size, proposed mixture of security levels and the As to existing prison conditions, the fact that it would almost certainly committee recommended that the lead to further penal expansion Irish State “strengthen its efforts to rather than cell closures eliminate, without delay, the elsewhere”, IPRT agreed that in practice of “slopping out”, starting order to comply with international with instances where prisoners 14 human rights standards urgent have to share cells. action was necessary to address both overcrowding and inhuman The Thornton Hall Review Group and degrading conditions, most Once in office, the new Minister for notably the lack of in-cell sanitation Justice and Equality, Deputy Alan (Mulcahy 2013:143). IPRT urged Shatter, took a more principled the committee to question the Irish approach to penal policy than his State as to whether it intended “to predecessors. On 05 April 2011, proceed with the Thornton Hall the Minister set up the Thornton development and to provide a clear Hall Review Group on foot of a timeline for its construction, or any commitment in the Government refurbishment of existing prisons” Programme for National Recovery (Ibid). “to review the proposal to build a new prison at Thornton Hall and to In response to this request and a consider alternatives, if any, to similar appeal from the then Irish avoid the costs yet to be incurred by the State in building such a new prison” (Thornton Hall Prison 11 See web-stream of State Delegation at http://www.ustream.tv/recorded/14928621. At 29 minutes and 41 seconds Brian 13 See UN CAT Rapporteur Myrna Purcell, then Director General of the Irish Kleopas’ question about Thornton Hall at Prison Service rolls his eyes at the 41 minutes Committee when asked to which page of http://www.ustream.tv/recorded/14908354 his submission he was referring. s. 12 See also Concluding Observations of 14 See Concluding Observations of the the Committee against Torture, Ireland, Committee against Torture, Ireland, Forty- Forty-sixth session 9 May–3 June 2011, sixth session 9 May–3 June 2011, para. available at 12 available at www.ohchr.org/en/hrbodies/cat/pages/cati www.ohchr.org/en/hrbodies/cat/pages/cati ndex.aspx ndex.aspx

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Review Group 2011:1). The Group …it is, of course, right in a was tasked with examining the constitutional democracy need for the planned super-prison governed by law and committed and to make recommendations on to human rights principles that the twin problems of overcrowding we keep the human rights of and poor physical conditions. offenders in view when we shape or reshape our penal The resulting Report was published policy and practice. As the great in July 2011. Describing American judge Robert Jackson overcrowding as ‘pernicious’, the vividly wrote: ‘We can afford no Review Group’s recognition that liberties with liberty itself’.16 It is prison building alone would not striking that the 1950 European provide a lasting solution to the Convention on Human Rights problem came at a crucial moment. has had a wide-ranging effect on Doing nothing to ameliorate the penal policy and practice. And situation, however, was also not an the European Committee for the option (Ibid: 65). Their admission Prevention of Torture, Inhuman that the deplorable physical and Degrading Treatment – the conditions and overcrowding in ‘CPT’ - is contributing Cork and Mountjoy exposed the immeasurably to improving State “to significant reputational, prison conditions in Europe. legal and financial risk” was highly Political integrity dictates that we significant, particularly in the wake should comply with the human- of the Napier judgment in rights principles of international 15 Scotland. The proposal for conventions to which this State innovative ‘back-door’ strategies is a party and with which we such as an incentivised system for expect other States to comply. early release including supervised To do otherwise, would be rank community service, (Ibid: 68; hypocrisy. I am not suggesting Mulcahy 2013:144-5) was also an that our concern to protect the important contribution. community on the one hand and our obligation to respect The emphasis placed on prisoners’ rights on the other safeguarding the human rights of hand should result in a crude tug prisoners and the Review Group’s of war or that the two are entirely bold message that overcrowding irreconcilable. I am saying that “will not be solved solely by since policy-making must keep building more prisons” was faith with these concerns, our endorsed by Minister Shatter at the perspective on penal policy is a IPRT Annual Lecture, 2011. morally complex and nuanced Minister Shatter stated: one. 17

15 See “Prisoner wins ‘slopping out’ case”, 16 United States v Spector 343 US 169, 26 April 2004, at 180 (1952) http://news.bbc.co.uk/2/hi/uk_news/scotlan 17 See Department of Justice and Equality, d/3659931.stm. See also “Slopping out: Irish Penal Reform Trust Annual Lecture, Irish prisoners line up for €4.2m payout” Squaring the Circle: Penal policy, The Independent, 19 April 2015, available Sentencing offenders, and Protecting the at http://www.independent.ie/irish- Community, 16 September 2011 news/slopping-out-irish-prisoners-line-up- http://www.justice.ie/en/JELR/Pages/SP11 for-42m-payout-31154067.html 000177.

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UN Universal Periodic Review – advance of the second periodic October 2011 review (IPRT 2016a),20 outlining In its submission to the UN progress made since 2011. Universal Periodic Review process IPRT again highlighted So what has happened since overcrowding and poor physical 2011? conditions in Ireland’s older Since the end of 2011 there has prisons, including Cork and been far greater respect for the Mountjoy, where the pains of need to comply with international slopping out were exacerbated by human rights instruments and a chronic overcrowding (IPRT 2011). new emphasis on inter-agency Prison related issues were also working with an integrated raised by the ICCL in its Your approach to offender management Rights Right Now Civil Society (Irish Prison Service 2016a:2; Irish Report.18 Ireland’s first examination Prison Service 2016b: 3; Irish under the UN Universal Periodic Prison Service and Probation Review took place in September Service 2015). 2011. Having made the error of Towards the end of 2011 key leaving the State delegation to personnel changes occurred which UNCAT completely in the hands of have had a major bearing on the the outgoing Secretary General recent progress in achieving penal and his team of senior Civil reform in Ireland. When the Servants, Minister Shatter travelled Secretary General in Justice, Sean to Geneva to lead the UPR Aylward, retired he was replaced by delegation himself where 17 Brian Purcell, the then Head of the countries made recommendations IPS. Mr Aylward was then on prisons, mostly relating to appointed to the CPT. Michael reducing overcrowding and Donnellan, former Head of eliminating ‘slopping out’. Fourteen Probation, became the new of these prison-related recommendations were accepted by Ireland (ICCL 2015:26). The State submitted an interim report to http://www.rightsnow.ie/assets/55/65D552 the UPR in March 201419 in 91-1129-4527- B72ADF0F438B2BEA_document/UPR- National_Interim_Report-Ireland.pdf. See 18 See http://www.iprt.ie/contents/2017. also ICCL (2015) See ICCL, Your Rights Right Now, 20 At the second UPR, 11 May 2016, Ireland’s Civil Society UPR Stakeholder prison-related matters again figured Report (2011) at strongly. In particular, 20 countries http://www.rightsnow.ie/images/Your%20R condemned Ireland’s ongoing failure to ights.%20Right%20Now%20UPR%20Stak ratify the Optional Protocol to the UN eholder%20Report%20March%202011.pd Convention against Torture (OPCAT), f; J. Mulcahy for IPRT in “Ireland’s UPR” – which requires a National Preventive The Video Report [2011] at 2.38, 6 and Mechanism to be established to inhibit the 9.54 minutes at torture and ill-treatment of those in http://www.distilledideas.com/videos/irelan detention. According to IPRT, members of ds-upr/. And ICCL Your Rights, Right Now the Human Rights Council also raised UN Universal Periodic Review campaign concerns about “the regular overcrowding launch January 2011, at 1.58 minutes at in certain prisons that only exacerbates http://www.distilledideas.com/videos/upr- existing problems, the poor sanitary launch/. conditions and ‘slopping-out’ still 19 See Universal Periodic Review Ireland experienced by some prisoners.” National Interim Report March 2014, at

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Director General of the IPS in Under Strategic Action 5: Prison December. Estate, the IPS promised that in- cell sanitation will be provided in all The previous month, Minister areas of the prison estate where Shatter made a commitment to set there is a toilet and wash hand up a Penal Policy Review Group to basin in every locked cell. “undertake an all-encompassing strategic review of all aspects of By November 2013, the IPS penal policy” by the end of 2011, reduced the numbers ‘slopping out’ following another recommendation to 504 (12%). 182 of these were in of the Thornton Hall Project Review Mountjoy. Slopping out has since Group.21 The Strategic Review been eliminated at Mountjoy prison. Group published its Report in 2014 €28 million euro was spent on (Dept of Justice 2014). Unlike the refurbishing the prison. The Whitaker Committee Report which scandal is that in 2005 €29.9 was left on a shelf for more than million was paid for the Thornton eight years before an attempt was Hall site, eight times the going even made to explore the feasibility rate.22 Had that money been spent of implement any recommendations on upgrading Mountjoy prison in (See Dept of Justice 1997; 1994), 2005, a sizeable number of the Review Group has an prisoners would have been spared implementation task force which the indignities of slopping out, meets every six months, chaired by usually in over-crowded conditions, Dr Mary Rogan (former Chair of over the intervening decade. IPRT) to monitor actions. Interestingly, given the resurgence In its Three Year Strategic Plan of punitive language in the run-up 2012-2015 the Irish Prison Service to the recent General Election, stated: most notably in respect of reported increases in rural burglaries, the The intention of addressing poor IPS has tended to announce their physical conditions in Mountjoy progress in remedying egregious and Cork prisons, including the human rights abuses in somewhat lack of in-cell sanitation, through defensive language, lest the media the construction of prison or the punitive minded public facilities at Thornton Hall and protest about ‘holiday camp’ Kilworth is now not possible in conditions. An article in the New short term to medium term due York Telegraph from January 2016 to economic constraints. reports that the elimination of However the Irish Prison Service slopping out in Mountjoy has been remains committed to the accompanied by a reduction of objective of providing in-cell inter-prisoner violence by 40%. The sanitation in all prisons and article states: upgrading outdated prison facilities. (IPS 2012)

21 See “Minister Shatter announces capital allocation available to the Justice Sector in 2012”, available at 22 See “Price paid for Thornton Hall 'eight http://www.inis.gov.ie/en/JELR/Pages/PR1 times' the going rate”, The Irish Times, 27 1000217 October 2006.

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Cork Prison

Prisoners now have single cells out. The new state-of-the-art with in-cell sanitation, TVs, and development which cost €45 million computer points with controlled has in-cell sanitation, an enhanced internet access … The prison visiting regime and an outdoor play service said the improvements in area for children. 163 prisoners facilities and the increased were transferred from the old prison access to education and training to the new site. With an official bed programmes have contributed to capacity of 296, the new Cork the significant reduction in prison housed 273 prisoners on 04 24 violence. The prison service said July 2016. At the official launch of the improvements are basic the new prison on 18 July 2016, human rights and that prison is IPRT welcomed the progress made still tough, because inmates but expressed disappointment “that have lost their right to choose the new prison operates a cell- how to spend their days, their sharing policy, and not single cell privacy and their liberty.” 23 accommodation which is best practice and supports safer The new Cork prison was opened prisons” (IPRT, 2016c). In its on 12 February 2016. The old recently published Capital Strategy prison was a refurbished army 2016-2018 the IPS stated that barracks and had an original subject to the constraints “of trends design capacity of 150 cells with an in overall prisoner numbers” it was official bed capacity of 230 (but its long-term objective to make usually housed 260-270 prisoners, single cell occupancy the “estate- according to the Inspector of wide norm” (Irish Prison Service Prison’s Report from 2007) and 2016c:21). prisoners were subject to slopping

23 See “Irish Prison Service noted lower violence after improve inmate conditions” New York Telegraph, 25 Jan 2016. And 24 See http://www.irishprisons.ie/wp- “What did Alan Shatter do in office?” The content/uploads/documents_pdf/04_July_ Journal, 7 May 2014. 2016.pdf

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At the opening of the new Cork numbers has also had positive prison, the Director General of impact on conditions. Although the IPS stated: “The new Cork slopping out persists in Prison will provide good working Portlaoise Prison, and building conditions for staff and suitable has yet to commence in Limerick accommodation for all prisoners Prison, there has been in accordance with our national significant progress in the past 5 and international obligations – years: an overall reduction in the this new prison ends the practice numbers slopping out from over of slopping out.25 1,000 men in advance of the last general election, to around 100 The opening of Cork prison means today. This is an example of there has been a 90% reduction in true commitment by the outgoing the number of prisoners slopping government to meeting Ireland’s out (under 100, down from 1,000 in human rights obligations. (IPRT 2011). Construction work to 2016b) eliminate the practice at Limerick male prison and in Portlaoise has Efforts to bring the numbers yet to commence. Hopefully, some under control progress will be made in 2016. (See Irish Prison Service 2016c: At IPRT’s Annual Lecture in 2011 24) When slopping out ends in the Minister for Justice, Alan Limerick and Portlaoise, “it will Shatter, acknowledged that the mark the full and final resolution of stark increase in the prison this singularly negative legacy of population did not create a safer the historic prison estate” (Ibid: 21) society. and the IPS will move a step closer to “upholding prisoners’ dignity and Now, the prison system operates human rights” (Ibid), in deed as well today under great pressure due as in rhetoric. to the high number of offenders being sent to prison. Five years IPRT gave the following analysis of ago the number of prisoners in progress to improve physical this jurisdiction (including those conditions ahead of the General on temporary release) was about Election on 26 February 2016: 3,300. When I took office earlier this year, the number of There have been very positive prisoners was over 5,000. This and (literally) concrete action to figure represents a 50% address unfit and inhumane increase. I have heard no prison conditions since 2011, suggestion that we are 50% including renovations at safer because of this rise in Mountjoy Prison to eliminate imprisonment. (Dept of Justice slopping out; the opening of a and Equality 2011) new Cork Prison in February 2016; and the tendering for By enacting the Criminal Justice renovations at Limerick Prison. (Community Service) (Amendment) The reduction of prisoner Act, 2011, Minister Shatter lent his “full support” to the greater use of community service as an 25 “Slopping out ends for Cork inmates as alternative to imprisonment. The new prison opens” The Irish Times, 14 Feb Fines Act, 2014 was commenced in 2016.

12 ECAN Bulletin, Issue 29, July 2016 early 2016, which makes provision available on an incentivised basis for the payment of fines by for certain categories of prisoner, installment and which will hopefully particularly those imprisoned for the see an end to committals to prison first time (House of the Oireachtas for non-payment of fines. In 2014 2013). Regrettably, none of these there were nearly 9,000 committals recommendations have been for non-payment of court-ordered implemented to date. fines (IPS 2015:19); a grossly wasteful practice as many people A pilot Community Return Project are released within hours due to was, however, launched in October space constraints, with the fine 2012 in line with the itself “purged” with the committal to recommendations of the Thornton prison (IPRT 2012:10). Hall Project Review Group. Prisoners are eligible for release In October 2011 the cross-party from the half-way point of their Sub-Committee on Penal Reform sentence if their sentence of was established by the Joint imprisonment is between 1-8 years, Oireachtas Committee on Justice, instead of at the three-quarter point Equality and Defence “to analyse through normal remission. the recommendations of the Thornton Hall Project Review The scheme roughly equates to Group in respect of non-custodial a week of community service for alternatives to imprisonment – in extra remission of one month – particular back-door strategies essentially a swap of prison time which involve some form of early for time in the community paying release” including: the experience back through unpaid from other jurisdictions, ‘earned work.(Ibid:21) temporary release’, release under According to an evaluation of the community supervision, parole Community Return Scheme, there reform and enhanced remission. were 232 persons released in the In its Report published in 2013 the first year of the scheme, from Sub-Committee called on the October 2011 to end September Government to reduce prison 2012. As at the end of year 2013, numbers by adopting the 91% of those involved in the ‘decarceration strategy’, committing Scheme had not returned to to reduce the overall prison custody (See IPS and Probation population by one-third over a ten- Service 2014: 9; McNally and year period. It also made a ‘front- Brennan 2015). door’ recommendation that all sentences of under 6 months In 2013 the Community Support imprisonment imposed in respect of Scheme (CSS) was introduced to non-violent offences should be provide structured support upon commuted and replaced with release for short sentence community service orders, and a prisoners (less than 12 months ‘back-door’ recommendation that imprisonment). Prisoners can be standard remission should be released at any point in their increased from one-quarter to one- sentence following pre-release third of all sentences over one assessment regarding suitability month in length, with an enhanced and needs/risks (homelessness, remission scheme of up to one-half addiction etc.) and must attend

13 ECAN Bulletin, Issue 29, July 2016 meetings with a support worker in reduce overcrowding and improve the community usually within a prison conditions? How relevant week of release. The CSS is more was the economic downturn? Had about support than supervision and criticism from international human does not contain a community rights bodies and negative findings service component in lieu of time in of the domestic Inspector of prison. Previously, many of these Prisons finally reached a critical short term prisoners were likely to mass? Or was the shift primarily have been released on a Friday attributable to the new Minister for evening, with a black plastic bag Justice and personnel changes in and no warning, preparation or the Department of Justice, the Irish community supports. Prison Service and Probation Service? What impact did advocacy In a recent interview about penal from NGOs have? reform and recent initiatives to improve rehabilitation and During a recent interview for my reintegration outcomes, Michael PhD when I questioned the Director Donnellan made the following General of the IPS about the statements: relevance of international human rights instruments, bodies and [The people on Community recommendations to him he Return] love the structure. It’s responded thus: the feedback they give us all the time - that they actually love the They’re not alone relevant to me, structure. Because most of these they’re relevant to everything in guys haven’t had the structure of the penal system. When you work, school, all of these things have international bodies, my that give people structure in their view is that you have to listen to lives. them. […] they’re making commentary on the prison I think [the CSS initiative] is a system in Ireland. […] If you must, because every prisoner take the example of the should have a support system or detention of children in a prison a support service on release environment, why wouldn’t you from prison and given that we, in listen to what they’re saying and Ireland, still put a lot of people in why wouldn’t you take it prison for short periods, then seriously that children should not absolutely we have to make sure be within a prison and should be that we give them the best in a much more therapeutic type support we can. It also has the environment? [A]s an influence, benefit of, maybe, keeping some 26 that is just one example of where of them out of prison. … I see their criticism as helpful as they’re pushing a policy Explaining the change change, which should be for all 27 How can we explain the recent our benefits. period of penal reform and in The Director General also gave his particular the measures taken to views on the important contribution

26 Follow-up phone interview with Michael Donnellan, Director General of the IPS on 07 March 2016. 27 Ibid.

14 ECAN Bulletin, Issue 29, July 2016 played by the Inspector of Prisons, “slopping out”, ending Protection Judge Michael Reilly.28 Prisoners, ending punitivism within prisons, then my view is [T]here’s no doubt that when you their view. They can [sometimes] look back over the last 7 to 10 articulate it … better. Because years he has had a huge they are often criticising, and … influence. The previous the media love people who are Inspector didn’t have an critical, or who are finding fault. influence. This current Inspector But, you know, that doesn’t does. But I suppose there has really matter as long as the job to come a time when the Prison gets done and as long as the Service has to start doing it for change happens. .... It doesn’t itself and setting out its own really matter who gets the credit, vision of where it’s going, and as long as the job is done. And I simply having the Inspector … think they have played a very adjudicate on that. Whereas I significant part in the last five think in the past there was such years. a vacuum in leadership and such a vacuum in practice that he Conclusion – “It doesn’t really found his way into … trying to matter who gets the credit, as manage the system as well. […] long as the job is done” I think it was better to take control of our own destiny, than While the economic crisis meant actually be shown a destiny by that the construction of the super- someone else. I think that we do prison at Thornton Hall was know where we want to go and unfeasible, considerable financial we do have a clear vision of investment was nonetheless what we want to do. And you’re required to make necessary better off to channel your own improvements to the prison estate. destiny rather than have it What was unusual was that from dictated by somebody else. I late 2011 onwards the pace of think there was a realisation that change was remarkably quick, it was better we do it ourselves. given the constricted public finances and shameful inaction As regards the contribution of IPRT over the previous quarter of a to the change process, the Director century. General had this to say: In a sense, there was a ‘perfect Well, I think that we’re all on the storm’. While factors such as the same agenda. They’re economic crisis, the reports from reasonable, they’re rational. I international human rights bodies think they’re fairly evidence- and the domestic Inspector of based. […] So I see no conflict prisons, along with targeted between one and the other. So advocacy from groups such as the when they’re pushing for ending IPRT,29 the ICCL and Irish Human Rights Commission certainly played 28 See also Irish Prison Service (2016), Capital Strategy 2016-2021, p. 7 which provides a compilation of the various 29 It might be argued that IPRT’s increased standards of the Inspector of Prisons effectiveness from 2010 onwards was due relevant to prison infrastructure and the increase in staff (1 to 4 + 2 supported regimes. interns).

15 ECAN Bulletin, Issue 29, July 2016 a part in contributing to much- out in overcrowded conditions as needed change, it is submitted that soon as the dust settled. the single most important factor was a ‘changing of the guard’. Without these ‘policy

entrepreneurs’ (Rogan 2011), it is A new dynamic Minister for Justice highly probably that human rights and Equality, Alan Shatter, 30 an bodies, the Inspector of Prisons, experienced lawyer with an IPRT and others would have found impressive work ethic and themselves pointing out the same understanding of his brief, took violations arising from chronic office at a time of massive political overcrowding and inhuman and upheaval. This combined with the degrading prison conditions for timely and crucial appointment of a years to come. visionary new Director General of the IPS - eager to provide Much still remains to be done as leadership and instil the prison regards eliminating the detention of service with a more humane, children in adult prisons, reducing rehabilitative focus – was the deaths in custody, changing prison crucial lever for change. officer culture (Inspector of Prisons 2015) and providing a fully Without the drive and commitment independent complaints of these two key players to make mechanism for prisoners swift, decisive improvements (Martynowicz 2016). Nonetheless, regarding prison numbers and the recent period of penal reform, slopping out, all the international at a time of austerity, has clearly condemnation, and focussed penal demonstrated that change need not reform advocacy of IPRT and be a painfully, shamefully slow others may well have been ignored, process. as in previous decades – since the Whitaker Report in 1985. Where powerful people commit to change and set deadlines for the When the Minister for Justice and completion of key actions, progress new IPS administration decided to can be surprisingly swift. This is an tackle the deplorable conditions in important lesson, not just for penal Mountjoy and Cork prisons, time reformers but for those advocating was not wasted. Targets for for any form of legal or social completion were set to which the change. It is difficult, if not contractors closely adhered. Once impossible to achieve vital change the official will to act was finally without the “buy in” of the relevant there, money was ring-fenced and Minister, but what is at least as spent. It was not merely a case of important to secure the “buy in” of idle rhetoric, of responding to CPT senior policy makers and civil or UN criticism with a contrite “yes, servants who outlast their yes we will try to do the right thing”, respective Ministers and are only to forget about those slopping capable of propelling, or derailing progress (Mulcahy 2016). 30 When Minister Shatter resigned from office due to mishandling the References whistleblowing controversy concerning the Committee of Inquiry into the Penal police quashing of penalty points, his System (1985) Report of the successor, Frances Fitzgerald, continued Committee of Inquiry into the Penal to implement many of his policies.

16 ECAN Bulletin, Issue 29, July 2016

System [Whitaker Report]. Dublin: Other Cruel, Inhuman or Degrading Stationery Office Treatment or Punishment. CPT (2011) Report to the Government Inspector of Prisons (2015) Culture of Ireland on the visit to Ireland and Organisation in the Irish Prison carried out by the European Service A Road Map for the Future Committee for the Prevention of (Office of the Inspector of Prisons, Torture and Inhuman or Degrading 2015), at Treatment or Punishment (CPT) from http://www.coe.int/t/DGHL/STANDAR 25 January to 5 February 2010, DSETTING/PRISONS/PCCP%20doc CPT/Inf (2011) Strasbourg: 10 uments%202015/Office-of-the- February 2011 Inspector-of-Prisons-Report-Culture- CPT (2000) Report to the Irish and-Organisation-in-the-Irish-Prison- Government on the visit to Ireland Service-A-Road-Map-for-the- carried out by the European Future.pdf Committee for the Prevention of Inspector of Prisons (2010) The Irish Torture and Inhuman or Degrading Prison Population: An examination of Treatment or Punishment (CPT) from the duties and obligations owed to 31 August to 9 September 1998, prisoners, Nenagh: Office of the CPT/Inf (99) 15, Strasbourg: 18 May Inspector of Prisons 2000 IPRT (2016a) Strong Focus on the Department of Justice (2014) Strategic Rights of Adults and Children in Review of Penal Policy, Final Report, Prisons and Places of Detention at Dublin Ireland’s 2nd UPR 13 May 2016, Department of Justice (1997) Tackling available at Crime: A discussion paper, Dublin http://www.iprt.ie/contents/2909. Department of Justice (1994) The IPRT (2016b) Are we 10 steps closer Management of Offenders – A Five- to better and safer communities? at Year Plan, Dublin http://www.iprt.ie/contents/2776 Department of Justice and Equality IPRT (2016c) Slopping out ended in (2011) Irish Penal Reform Trust Cork Prison at Annual Lecture, Squaring the Circle: http://www.iprt.ie/contents/2937 Penal policy, Sentencing offenders, IPRT (2014) Children’s Rights Behind and Protecting the Community, 16 Bars Human Rights of Children Sept 2011 deprived of Liberty: Improving http://www.justice.ie/en/JELR/Pages/ Monitoring Mechanisms National SP11000177. Report: Ireland, Dublin at Houses of the Oireachtas (2013) Joint http://www.iprt.ie/files/IRELAND_FIN Committee on Justice, Defence and AL_REPORT1.pdf Equality Report on Penal Reform, IPRT (2012) The Vicious Circle of March 2013 Social Exclusion and Crime: Ireland’s Human Rights Committee (2008) Disproportionate Punishment of the Concluding Observations of the Poor at Human Rights Committee Ireland, 30 http://www.iprt.ie/files/Position_Paper July 2008 CCPR/C/IRL/CO/3. _FINAL.pdf. ICCL (2015), Civil Society Stakeholder IPRT(2011) Submission to the UN Report for Ireland’s 2nd Universal Universal Periodic Review 12th Periodic Review (ICCL: Dublin, 2015) session of the UPR Working Group at of the Human Rights Council October file:///C:/Users/Jane/Downloads/ICCL 2011, 21 March 20 _UPR_Web.pdf Irish Prison Service (2016a), Strategic ICCL and IPRT (2011), Joint Shadow Plan 2016-2018 IPS: Longford Report to the First Periodic Review of Irish Prison Service (2016b), Ireland under the United Nations Psychology Service Strategy 2016 – Convention against Torture and 2018 IPS: Longford

17 ECAN Bulletin, Issue 29, July 2016

Irish Prison Service (2016c), Capital Rogan, M (2011) Prison Policy in Strategy 2016-2021 IPS: Longford Ireland: Politics, penal welfarism and Irish Prison Service (2015) Annual political imprisonment, Oxon: Report 2014 IPS: Longford Routledge Irish Prison Service (2012) Three Year Thornton Hall Project Review Group Strategic Plan 2012-2015, IPS: (2011) Report of the Thornton Hall Longford Review Group, Department of Irish Prison Service and Probation Equality and Justice Service (2014) Community return: a unique opportunity A descriptive About the author evaluation of the first twenty six Jane Mulcahy is a PhD candidate months (2011 - 2013) in law at University College Cork in Liebling, A. (2012) 'What is ‘MQPL'? Ireland. Her research is into post- Solving Puzzles about the release supervision of long Prison’, Prison Service Journal, sentence male prisoners and the No.202: 3-5 practices, actions and resources in Liebling, A.; assisted by Arnold, H. (2004) Prisons and their Moral the community that enhance their Performance: A Study of Values, reintegration prospects. Jane is the Quality and Prison Life, Oxford: recipient of the Irish Research Clarendon Studies in Criminology, Council’s funded employment Oxford University Press scholarship and is co-funded by the Martynowicz, A (2016) Prison Probation Service. Her employment Litigation Network: National Report partner is the Cork Alliance Centre, on Ireland, IPRT: Dublin, at a desistance project based in Cork http://www.iprt.ie/files/PLN_Ireland_N City. ational_Report_combined.pdf. McNally, G and Brennan, A (2015) As an independent research “Community Return: A Unique consultant Jane wrote the research Opportunity” Irish Probation Journal, report on The Practice of Pre-trial Vol. 12, 141-159. Mulcahy, J (2016) UN convention detention in Ireland (2016) for the against torture The Irish Times Irish Penal Reform Trust (IPRT) as (letters to the editor) 23 May 2016, part of an EU Commission funded available at project facilitated by Fair Trials http://www.irishtimes.com/opinion/lett International. Between 2010 and ers/un-convention-against-torture- 2013 Jane worked as Research 1.2656615 and Policy Officer at IPRT. Mulcahy, J (2013) ‘Doing Nothing Is Previously she was senior legal Not an Option’: Recent Milestones researcher on the Codification of towards Improving Prison Conditions the Criminal Law project at and Addressing Overcrowding, Vol. University College Dublin. Prior to 10, IPJ, 141-153 O’Donnell and O’Sullivan (2000) Crime that Jane worked on the law of Control in Ireland, the Politics of homicide at the Irish Law Reform Intolerance Commission, writing the O’Neill, M (2013) Exploring Values and Consultation Paper on Involuntary the Quality of Life for Prisoners and Manslaughter (2007) and the Staff in the Irish Prison Service, Report on Homicide: Murder and Cambridge University Masters Involuntary Manslaughter (2008). dissertation. Email: O’Sullivan and O’Donnell (eds) (2012) [email protected] Coercive confinement in Ireland Twitter: @janehmul Patients, prisoners and penitents, Manchester University Press

18 ECAN Bulletin, Issue 29, July 2016

Citizens in Policing – A new paradigm of direct citizen involvement

Ed Barnard and Iain Britton

The deep roots of citizen involvement in policing

British policing is admired around the world for its original model, attributed to Sir Robert Peel, of an approachable, impartial,

accountable style of policing based on minimal force. Many countries Iain Britton and Ed Barnard send officers to the College of Policing here in the UK for training the powers of the Office of and development of leadership Constable can be traced back to at th 32 skills. least the 13 century and Special Constables – volunteer police This model is based on some fundamental officers - can be found in legislation principles: ‘policing by consent’; indicating as far back as 1662. However, much that the legitimacy of policing in the eyes of of what is still recognisable today as the public is based upon a general being the role of the Special consensus of support that follows from Constabulary was effectively transparency about the powers they formalised into legislation in 1831. possess, their integrity in exercising those powers and their accountability for doing Against this background it is so. The concept is for the police to be apparent that the agenda of direct citizens in uniform; “the police are the citizen involvement is neither a new public, and the public are the police”.31 A idea nor a new reality on the ground. transparent, ethical and accountable police For example during both World service is crucial to delivering efficient and Wars there was a major scaling up effective policing for the 21st century. with massive impact on the Special Constabulary as an organisation. The concepts that underpin the British model of policing also Building on these deep historical support the fundamental idea behind roots, enhancing how citizens are the importance of the direct directly involved in policing is a involvement of citizens in policing. critical success factor for police reform. This is particularly pertinent There is a long tradition of within the context of the new and voluntarism within criminal justice evolving challenges which the police and public safety, and policing is no service faces today. exception. Volunteers exercising

31 Sir Robert Peel, “Principles of Law Enforcement”, 1829 32 Statute of Winchester, 1285

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Citizen involvement is crucial to worn cameras) or adopting new meeting the challenges facing operating models (e.g. cross-border modern policing collaboration between forces). There are also significant Firstly it is necessary to recognise collaborative developments and embrace the changing demands beginning to be introduced across upon 21st century policing. the ‘blue light’ services, with Increasingly there is a move away particular emphasis on looking to from the types of policing bring policing and fire and rescue traditionally thought of as services more closely together to representing ‘the norm’. Society is streamline the way in which the changing fast, as are the type of emergency services deploy their crimes and threats to safety to which resources. the public look to the police for protection. Policing needs to be New models for how policing is equipped and able to effectively deal delivered need to embrace a with new and different threats. For reconceptualising of how citizens example the growing proportion of are directly engaged and participate criminality which is ‘cyber’ in nature, in policing. This may include and so not bound by geographical resetting and reinvigorating boundaries, presents new relationships between an active challenges, with an increasing need citizenry and the police, optimising for effective collaborative working the contribution of direct citizen across forces to be in evidence. participation from volunteers Other areas of prominent criminal including special constables, and activity include large-scale online exploring the optimum operational fraud, the challenge of child sexual design and workforce to maximise exploitation and the growth in online citizen engagement and achieve radicalisation. These issues stretch desired outcomes. traditional policing skill sets and ways of operating. In simple terms There is an important role for direct budget pressures make traditional citizen involvement across the wider ways of thinking about citizen agenda of police reform. While involvement and legacy thinking there is general recognition of this about the police workforce across policing, and some potentially unsustainable. Without movement in the direction of greater elements of change being adopted levels of citizen involvement, a step the likelihood is an approach of less change is still needed to truly realise for less, with a retreat into a narrow the potential benefits of increased and response-based model of citizen involvement in policing. policing focused upon a much more There are many identifiable benefits sharply defined role for the and assistance that volunteers decreasing number of regular bring: warranted officers.

There are significant developments  Critical skills and capacity in helping to manage and reduce risk and across police reform, that require harm. This is about providing new ways of working to be additionality, not being a direct embraced, implementing replacement for paid roles. technological advances (e.g. body-

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 A step change in the available front- individuals in delivering policing in line visible policing resources, and communities. Volunteers form a key with that public engagement, part of this concept, as do the array problem-solving, quality of service, of community-based organisations reassurance and confidence and activists who impact positively building. upon crime and public safety. There  A wide variety of skills and is a need to forge stronger links experience from outside of policing. across all those who are now  There is an emphasis, often seen in the strategic plans of Police and involved in delivering safer Crime Commissioners, on achieving communities, to create a greater a significant ‘opening up’ of policing sense of cohesion and embracing and bringing in different joint goals, but collectively the perspectives, ideas and ways of broadening of the range of roles and working. Police volunteering is a widening of participation marks a core means by which to achieve this significant change in policing models aim. over recent times.  Additional capacity and capability, which in turn can help refine and While recognising there exist refocus the roles and contributions of numerous volunteer organisations officers and police staff. The whose efforts support policing, there capacity and capability provided by are three main volunteer groups that volunteers in policing is going to be critical to meet changes and form a significant part of the concept challenges. of a policing family; special  A direct route to enhancing police constables, police support contact and engagement with volunteers and volunteer police communities thereby maintaining cadets. and improving community relations and interaction. Special Constables – volunteer police officers – are the single most The use of volunteers can represent visible element of direct citizen a means of achieving greater involvement in policing. Currently involvement in policing from a there are over 16,000 specials diversity of conscientious and across the 43 Home Office police dedicated people more quickly than forces of England and Wales33 who do changes in the diversity of those volunteer in their free time (usually in paid roles, particularly in times of for at least 16 hours per month). As limited police officer and police staff warranted officers they hold the recruitment. same powers as a regular officer, do many of the same demanding, A new picture of citizen challenging tasks and make a huge engagement in policing is impact on the ongoing delivery of emerging effective policing. They are generally indistinguishable from Currently there is an exciting pattern regular officer colleagues by of developments in ideas and members of the public. While practice underpinning a greater special constables are increasingly citizen involvement in policing. well integrated within policing there

There is the growing concept of the 33 ‘police family’ – a widespread Police Workforce, England and Wales, 30 September 2015, Home Office statistical involvement of different roles and bulletin 01/16, 28 January 2016

21 ECAN Bulletin, Issue 29, July 2016 remains some tremendous potential for further development in areas such as broadening the type of roles specials perform, utilising skills they possess from their working lives outside policing, increasing operational responsibilities (e.g. in some force areas special constables police public or sporting events without drawing upon regular colleagues) and, in a planned way, further expanding their numbers.

Police Support Volunteers (PSVs) understanding of policing and mark a significant recent change in connecting with the police and with direct citizen involvement. PSV their peers. They undertake tasks programmes are operated by forces which have real positive impact in at a local level, with the first such local communities. VPC also aim to programme beginning in Kent Police engage with young people who in 1992. The role of a PSV is not reflect the diversity of the area, and enshrined in legislation and they to achieve 25% representation from have their origins as non-uniformed young people identified as being individuals, without policing powers, from a ‘vulnerable’ background. who provide additionality. They operate primarily within ‘back-office’ In addition to those who volunteer functions to better enable officers within police forces, there is a vast and police staff to concentrate on amount of wider community-based front-line duties and provide a more activity, which sees citizens engage visible policing presence in directly in making their communities communities. While a relatively new safer. For example, Neighbourhood addition to the policing landscape, and Home Watch is the largest PSV numbers are currently voluntary organisation in the estimated to be around 10,000 country, in terms of membership nationally. Increasingly, PSV’s are (around 173,000 coordinators) and undertaking a wider variety of there is a huge amount of local, support roles; with recent data charitable, faith-based, voluntary nationally indicating they are activity which is assisting in making engaged in excess of 100 different communities safer. roles across the police service. The important role that Police and Volunteer Police Cadets (VPC) has Crime Commissioners (PCCs) now seen significant recent expansion in have is also a key factor in the many force areas with total numbers ongoing citizen engagement. having recently reached 10,000. Citizen involvement is in the DNA of These cadets are young people the recent reforms that brought (aged 13-18) who volunteer directly about the office of Police and Crime in policing. They are assisting in Commissioner – about making the community and crime prevention police more open and accountable, measures; learning new skills; involving people much more directly developing a practical in policing. Additionally there are

22 ECAN Bulletin, Issue 29, July 2016 also roles for volunteer groups A relatively neglected issue outside the direction and control of policing but who hold the police The vision of this paper in seeing service to account (such as the huge potential of volunteering for Independent Advisory Groups and policing is not necessarily reflective custody visitors). Some major of the wider discourse of police innovations have taken place led by reform. Police volunteering and PCCs during their first terms many citizen involvement often remains a have been passionate and effective ‘side issue’ to key discussions of champions of police volunteering policing futures. Indeed the issue of and wider citizen involvement. It is police volunteering and wider citizen likely that themes of citizen involvement has suffered from involvement are going to remain as something of an absence of the second-term of PCCs begin their dedicated attention across terms of office. policymakers, politicians, professionals and academics. There are also important legislative developments in progress via the In part this peripheral status to wider Police and Crime Bill.34 These conversations about policing futures include providing greater flexibility to reflects the under-developed state of Chief Constables to give limited police voluntarism and wider citizen powers to volunteers. In particular direct involvement in terms of policy, this may create a potential practice and research. There are opportunity for volunteer Police some clear limitations in areas such Community Support Officers. as a lack of reliable data with which However, the differing nature of to build a strong evidence base; in volunteering also needs to be securing necessary, dedicated recognised and the Bill requires that resource in order to develop and any designated police volunteer lead this aspect of police reform and must be considered by their chief in securing a place within forces’ constable to be trained, capable and strategic focus; given the priority ‘to suitable to carry out their role. It do’ lists of most Chief Constables is should be noted that special unlikely to have police volunteering constables, police support at the top. volunteers and all those in volunteer roles under the direction and control Evidence-based police of a police force are subject to the volunteering provisions within the Code of Ethics35, which sets and defines the The Institute for Public Safety, exemplary standards of behaviour Crime and Justice is working for everyone who works in policing. nationally across a programme of work developing the evidence-base for police volunteering. There are two key interlinked questions underpinning this work: how to further enhance the impact of police 34 Introduced into Parliament in May 2016 35 volunteers? And, how to improve the Code of Ethics: A Code of Practice for experience of volunteering with the the Principles and Standards of Professional Behaviour for the Policing police? This work reflects the first Profession of England and Wales; College of Policing, July 2014

23 ECAN Bulletin, Issue 29, July 2016 time a ‘what works’36 approach has through toolkits and guidance, been systematically engaged across diagnostics; continuous professional police volunteering. development, solutions workshops. It is important, across the This work is timely. It feels like this investigation of ‘what works’ to is a significant moment for police address diversity and be able to volunteering. A time of significant ‘reach’ into hard to reach commitment, ambition, investment communities around engagement in and innovation. But there is a risk police volunteering. that may be undermined by limitations in the evidence-base, in It is important this work engages the analysis and evaluation of with better understanding costs and current police volunteering benefits. Making the ‘business programmes, and in the sharing and case’ for police volunteering will be learning around best practice across a crucial part of taking what it can forces. contribute to the next level. Volunteers are not free – it is The evidencing work is heavily important to understand the ‘whole focused on practical questions. career value’ of a special constable How to target and attract or PSV. volunteers? What are the most effective training and induction National survey of police models? How to identify, develop volunteering and utilise skills? How to best integrate and embed? Better In January 2016 a large-scale understanding activity and survey of special constables and outcomes. Understanding and police support volunteers in England managing the ‘whole career span’. and Wales was undertaken eliciting How to improve visible diversity and 3,000 responses.37 Listening to outreach? Managing the whole those who volunteer in policing and police family cohesively together. ‘giving them a voice’ is important, and this was a survey which had a The approach is aiming to be lot to say. innovative and collaborative. Aiming to engage a range of interested In contrast to some recent surveys academics across a range of of paid staff in policing, which have institutions. Developing an online, made challenging reading regarding interactive knowledge hub for police the state of morale, the results of the volunteering. Focusing on the volunteers’ survey were largely translation of evidence into real positive. change in practice on the ground – Most of those who responded would recommend volunteering in policing 36 The language of ‘what works’ mirrors the to others. They describe morale as ‘What Works Centre for Crime Reduction’, good and enjoy the activities that within the College of Policing, which was set up in September 2013 to map the crime reduction research evidence and get this 37 Britton, I (2016), ‘National Survey of evidence used in practice. It is part of a Special Constables and Police Support world-leading network of What Works Volunteers: Initial Findings Report’, Institute Centres launched by the Cabinet Office to for Public Safety, Crime and Justice: provide robust evidence to guide decision- Northampton, UK. making on public spending.

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they undertake, finding them to be both worthwhile and rewarding. The majority feel appreciated and recognised, and feel they have good and respectful relationships with regular police officers and staff with whom they work most closely. Mostly, their experiences as a

volunteer have lived up to the what could be done to change that expectations they possessed when impression. Disappointingly, a joining as a volunteer. Overall, the sizeable proportion of special survey results presented an uplifting constables and police support picture of the morale and motivation volunteers reported sometimes of those who volunteer with the having had the impression that they police, both as special constables are seen as more of a burden than a and as police support volunteers. help to their regular colleagues. A sizeable proportion of respondents While for many who volunteer in also felt regular officers and police policing the experience is overall a staff need to have a better positive one, there remains a understanding of volunteers, the significant minority of respondents support they provide, and what they who painted a less positive picture are capable of doing to ease the of their personal experiences as a burden upon regular officer and staff volunteer. While celebrating areas of workloads. The responses also success it is also important to reflected a frustration that the pace recognise the areas with room for of recruitment of volunteers into improvement identified by policing is seen as simply too slow respondents. Overall, many did not and cumbersome. consider that the police service is good at managing volunteers – not a It is important for leaders in policing ringing endorsement for those in to better understand what drivers lie supervisory or leadership roles behind this less satisfied portion of within policing, and senior policing volunteers, and what can be done to leaders should note and consider address the issues raised so that

25 ECAN Bulletin, Issue 29, July 2016 this disaffected minority becomes (CJS), across public safety, across less significant when the survey is public services. Too much of what re-run in future years. we do around volunteering, both in policing and across the wider CJS One of the most important findings and public safety terrain, remains was a strong appetite from both single agency. There are huge special constables and police potential benefits from being brave support volunteers to take on more enough to think and act across responsibilities. In particular it was those traditional boundaries. commented that the skillsets of individuals, and what they are In 2009 the Government’s capable of doing within a policing volunteering champion, Baroness context, are not always understood Neuberger, undertook a review of or utilised. A sizeable proportion of volunteering within criminal justice,38 respondents would like to volunteer highlighting the contribution and in more specialist areas of policing. dedication of volunteers. She further These include many areas where noted the importance of putting policing has an identifiable need for people at the heart of the CJS, and extra capacity and specialised skills, that this could be achieved by the including ‘cyber’ crime, safeguarding effective use of volunteers. and exploitation, roads policing and mental health, to name but a few. It is clear volunteers can and should Clearly, any expansion of volunteer play a key role across the CJS. But roles into these (mostly) new areas the Neuberger review also raised for police volunteering will require some challenging messages as well careful planning and management, which need to be acknowledged. with a focus on effective The importance of recognising the supervision, training and maintaining uniqueness of what volunteers professional standards. Ultimately it bring, not just their additional will be for forces to decide how they capacity, but how what they do is wish to proceed. special, distinct, and specifically value-adding. That volunteering is The wider context not about seeking to deliver criminal justice on the cheap - to work well it This is now a point of real potential needs serious resource investment. transformation through police And the review found some deep- volunteering and wider citizen seated cultural and attitudinal involvement. barriers to be overcome. On a worldwide scale, and It is important to understand the regardless of aspirations for wider context to citizen involvement significant growth, volunteering in in policing. Volunteers and wider policing is already an enormous forms of involvement have key roles phenomenon. In the USA some to play across many public services estimates place the numbers of and public sector organisations – police volunteers in the region of not just policing. Real 250,000. These volunteers transformation rarely occurs in one represent a massively under- isolated organisational silo at a time. researched group, largely missing There is a need to embrace this whole agenda of citizen involvement 38 Neuberger, (2009) Volunteering across across the criminal justice sector the criminal justice system

26 ECAN Bulletin, Issue 29, July 2016 from policy discourse, and often services and the wider rise in invisible in debates around police interest in voluntary activity. reform, internationally as well as in the UK. Volunteers already contribute a considerable amount of time and Internationally there are a number of effort in support of policing, more interesting different models. As with than most people realise. The wider many aspects of criminal justice and range of community-based activity public safety, there is much that beyond the police, mostly charitable compares favourably in respect of and volunteer in nature, also police volunteering in the UK when impacts on policing outcomes. But viewed comparatively across there is potential to do more with different jurisdictions. But there are aspects such as expanding also aspects to be considered and numbers, broadening roles, learning to be taken from elsewhere upskilling and further to improve current approach and professionalisation, improving practice. For example, there is integration and embedding some evidence that police forces in volunteers into organisational the USA are better at attracting ex- culture, all meriting consideration. regular officers into volunteering Above all, to enhance the positive roles than is the experience in the impact derived from volunteers, and UK.39 In a profession where place them central to how policing retirement ages can be relatively operates and delivers. low, identifying how to maintain experience and skill levels when This growth in police volunteering people leave their paid careers in and wider citizen involvement has policing is a key strategic question – implications for policing and for volunteering could be part of the police strategic culture. A answer. continuation of this growth will see police forces becoming one of the Future possibilities largest volunteer organisations in their areas. It could see forces This is an important moment for where there are more volunteers citizen involvement in policing with than regular officers and staff. It several factors coming together. requires policing to fundamentally There are new challenges such as rethink its relationship with significant ongoing structural volunteers at all levels. changes to policing, new criminality threats, societal changes, increased More widely, citizen involvement is budget pressures and raised public at the core of a fundamental rethink expectations. A greater recognition of the established relationships of the potential for citizens in between policing and local policing. Broader themes of greater communities. This can have community engagement in public profound implications, resetting relationships, rethinking issues of 39 Pepper, I and Wolf, R. (2015), responsibility and redefining policing ‘Volunteering to Serve: An international as being much more about working comparison of volunteer police officers in a together, co-producing, doing things UK North East Police Force and a US Florida Sheriff’s Office’, The Police Journal, ‘with’ communities rather than just 88(3), 209-219. ‘for’ or ‘to’ them.

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Police voluntarism and wider citizen About the authors involvement needs to become seen as central to the wider police reform Dr Iain Britton agenda. This growth in citizen Iain is Head of the Centre for involvement heralds a much more Citizens in Policing, at the Institute open and engaging era in policing. for Public Safety, Crime and Justice, Potentially this could lead to some University of Northampton. His radical new decisions and directions career has included number of of travel in policing, but it is also a senior posts including in policing, return to where modern policing drug treatment, youth justice and started as such developments are probation, and most recently he was firmly rooted in history, and the Chief Executive of the Office of the principle of policing by consent. Police and Crime Commissioner in Citizen involvement in policing – and Northamptonshire. He is passionate the huge impact those who about citizen involvement and police volunteer in policing can have – has volunteering, and keen to develop potential to transform how the UK is the new Centre’s work across this policed in the future, and to play a agenda. major part in achieving safer communities. Ed Barnard Ed is the Citizens in Policing National Policy Manager, working within the College of Policing. He has been involved in the ongoing development of programmes of work centring upon volunteering within the police service since 2009. Previously he held policing policy roles in areas such as Race and Diversity Training, Pensions and International Deployments.

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Piercing the religious veil: Human rights of Devadasis in India

Prashasti Singh

Introduction

It is often perceived in Hindu mainstream thought that religion and sexual activities, especially those of an unmarried woman, do not go hand in hand. However, in-depth exploration of the Hindu religion reveals that even religions can promote sexuality; in the form of prostitution to be precise. The Devadasi is a compound word, made up of Devi, a goddess, and Prashasti Singh Dasi meaning a female servant or slave. Devadasis is a group in nothing more than prostitutes living Indian society who, at a very young in inhuman conditions in shanties, age, were dedicated and “married suffering from a number of sexually off” to a deity, goddess Yelamma, transmitted infections (STIs), living and thus Yelamma becomes their on the money they may make from husband. Their virginity is then men paying them for sex. auctioned to the highest bidder. This paper aims to shed light on the Once dedicated, they are unable to plight of Davadasis women’s plight marry, forced to become prostitutes and also tries to determine the for upper-caste community causes of the failure of the laws to members, and eventually auctioned abolish this practice completely. into an urban brothel. Devadasis The ritual of dedication which, before being declared illegal in 1947 Religion in India is a mass industry. by the Madras Devadasi (Prevention It is bound up in financial as well as of Devadasi) Act, promoted revered political gains. However, one classical art forms such as industry in India which is carried on Bharatnatyam,40 has today turned in the name of religion is rarely into a social evil that even the law acknowledged, much less talked cannot get rid of. The practice is about. The Devadasis in India have prevalent mostly in the South India, their existence dangling between the where the Devadasis are now fettered hands of an incompetent legislation and a crippled judiciary.

Devadasis, simply put, are wives of 40 A classical dance form originating in the goddess Yellamma. Devadasis South India dating back to 3rd century BC.

29 ECAN Bulletin, Issue 29, July 2016 in the ancient times were respected often accompanied the kings to war highly and were known as patrons of either to entertain or protect them. a refined culture of music and Such women at that time were both dance. In the sixth century it was a despised and admired: despised socially honorable position. The because they seduced men and respect they gained was mostly emptied their wealth, admired because they had a status in the because their professional skills, society which the women did not beauty and artistry kept men have at that time. While women engaged were supposed to remain inside their respective homes and observe History of prostitution in India certain social practices which Prostitution as a profession can be restrained them from carrying out traced back to the Brahaminical normal activities or even engage in period of 1500 BC when prostitution occupations, the Devadasis had a was an integral part of Indian prestigious status as dancers and society. In the early 1850s, thinking musicians in temples, and had a regarding the morality of prostitution sense of independence that the transformed, leading to an other women did not. augmented proscription of the

The Devadasi system is said to practice. have primarily originated as a part of When the British arrived in India41, tantric beliefs and methods of they were shocked by India’s worship in some Indian temples to tolerance toward prostitution and the provide regular female attendants to way in which the practice was the deities. It might not be treated like any other occupation conclusive to say that Hinduism Gangoli 2007). At the same time, favours or supports the Devadasi the British perceived prostitution as system, but it exists nonetheless. an evil required to assuage the

Hinduism is a religion of individuals “natural sexual desire” of their and has many layers to it. troops but wanted to regulate the Prostitution has been a part of practice (Bhandari, 2010). They India’s social milieu since ancient ordered that Indian women be times. Kings, warriors, feudal lords accessible in the cantonments for and rich merchants, all indulged in it. fighters, consequently giving birth to Women from poor social the brothel system and red-light backgrounds resorted to it to please districts that exist in urban India their masters or gain freedom from today. the bondage to which they were In order to safeguard soldiers, the subjected. On the other hand, there British administration monitored the were some women who willingly health of prostitutes with medical participated in the profession. This inspections backed up by arrest and group included girls sold by their confinement for those who were families into slavery on account of found to be infested with ailments. their inability to marry them or Latterly, under the Cantonment Act women who were captured during 1864, prostitutes were required to battles or wars and sold for a profit by their captors. Some served in the 41 courts of kings as spies, guards, The East India Company was established in 1757 and India came under the direct courtesans and dancer girls. They control of the British in 1858.

30 ECAN Bulletin, Issue 29, July 2016 register with the Superintendent of government incomes. They reserved Police, obliged to undertake weekly the right to consolidate and voice health checkups and carry identity concerns and were taken care of cards. It also ensured that 12-15 when sick. Prostitutes in this group prostitutes were accessible to each eventually formed associations, held regiment of British soldiers. meetings, and claimed civic and These measures, approved under domestic rights. the pretext of public health necessities, were motivated not by a concern for maintaining the health and welfare of prostitutes, but rather were intended to protect clients (Gangoli 2007: 208). Such pronouncements laid the groundwork for the prostitution system that continues in India today and sheds light on the incongruities that lie beneath current legislation.

Religious Prostitution in India

Religious prostitutes in India can be divided in two categories: the Devadasis and the Tawaifs. The Tawaifs were ancient women who were in the profession of prostitution as well as entertainment, although not mutually exclusive. The Tawaifs were, at this time, graded into three levels of prostitutes: Kumbhadasi, Devadasis: Today

Rupajiva, and Ganika. The Once a socially honorable position Kumbhadasi were the lowest class, in the sixth century, this system customarily a servant who gave today has devolved to pure sexual amenities to the head of prostitution due to crooked temple household. The Rupajivas were administration and more usually very aesthetically attractive androcentric customs of worship and trained in dance and the arts. that laid down male dominance and While some Rupajivas were born supremacy over these women into prostitution, many took it up (Srinivasan 1985). willingly to pursue riches or escape calamitous marital life. The most Colonial imposition of Christian extremely respected were the ethics fundamentally influenced Ganikas for whom prostitution was a notions of sexuality and principles profession and whose practice was within civic and political discourse in controlled by state law. Ganikas India. Representations of women were very gifted and skilled, and through matrimonial family units as were thought to be a source of good wife and mother gave rise to luck, at times providing explorations of sexuality being sanctifications over brides at restricted to the familial and weddings. Their rates were fixed by reproductive territory. Any sexual the government and received activity not focused on reproductive

31 ECAN Bulletin, Issue 29, July 2016 purposes was perceived as system. All legislations had different divergent and was consequently perceptions of the system and socially stigmatised. This was prohibited different aspects. echoed in the abolitionist campaigns which originated in the 1930s to Girls, at a very young age, often eradicate the Devadasi system; between 10-12 years, are dedicated 1947 a law outlawing dedication of to the goddess Yellamma, by a women to temples was approved. ritualistic process which is very Both sides of the discourse seeking similar to the rituals performed in a an end to the Devadasi system typical Hindu marriage ceremony: A based their reasoning on the system string of red and white beads are but did not openly address the tied around their neck and they irrevocably become Devadasi: Devadasis themselves. Hence, women served simply as a mode of maidservants of the deity (Rowland, dialogue without participating in 2013:1). It is predominantly debates and were therefore denied practiced in the states of Karnataka their own awareness. This shares and Andhra Pradesh. A Devadasi common ground with a huge dedicates her entire life in service to number of human rights and feminist her husband, the goddess publicity that either tolerates or Yellamma, who is said to be a censures prostitution whilst protector of the fertility of lands. The disregarding the benefits of those girls are mostly from a low-income directly affected by such movements family and are archetypally Dalits, a and crusades.42 Such treatise not lower caste in India. These women only buttresses social structures and are, as a result, ostracised not only gender hierarchies that ostracise because of their gender but also those convoluted in the profession, because of their caste and class but moreover form definitions that connotations thus instituting the are caught up in laws promoting the lowest rung of the societal hierarchy. individuality of a prostitute or a sex worker as a prey to societal tyranny. It undertakes that a woman’s sexuality is browbeaten when brought out in the public sphere and so targets to eliminate the tradition. Yet again, these claims are grounded on prevalent moral assumptions that bind female sexual manifestation to the private sphere of a wife for the purpose of becoming a mother. A number of laws were enacted to prohibit the Today, Devadasis are often traded

42 into urban brothels. This practice Such campaigns were carried out first in was banned in India in 1947 by the 1882, and then again in the 1930s and 1940s. They were spearheaded by social Madras Devadasi (Prevention of activists and philosophers like Raja Ram Devadasi) Act, but due to the Mohan Roy, Muthulakshmi Reddy, S. financial incentive involved, cases Muthiah Mudaliar, Sir C. P. Ramaswami still transpire of young girls being Iyer, M. Krishnan Nair, C. N. Annadurai and forcibly married away to serve as Ishwar Chandra Vidyasagar.

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Devadasi.43 This system is no The table below gives an idea of the longer restricted to the religious Devadasis and their mode of entry tradition even if it still finds its origin into prostitution (Sahani and in custom. The practice in the Shankar 2013). present day is simply downgraded to sex work where young girls, upon Constitutional Protection to reaching puberty, ceremonially get Devadasis their first buyer and continue the The Indian Constitution adopted in practice as sex workers. The 1950 focused on achieving a Devadasi system is heritable in that qualified equality for all people by women either adopt young girls or way of the elimination of systematic bestow their own daughters. A pyramids, including gender-based historical reason for this ritual is that hierarchies: Devadasis were obliged to perpetuate the system with the  Article 14 states that it is a intention of maintaining the material fundamental right for all women have and economic privileges they to equality. In practice, this right is received from the temples (Anandhi challenging to enforce and merely 1991: 740).Humanitarian arranges for a foundation on which prospective legislation may depend organisations estimate that up to (Seervai, 1983: 282). 5000 girls become Devadasi every year with ritual “weddings” taking  Article 15(1) prohibition in place in private homes in the middle contradiction of discrimination based of the night to fend off detection on sex. (Dean 2006).

43See for example Minor Forced to Become Devadasi, Times of India, (Dec. 18, 2006) http://timesofindia.indiatimes.com/NEWS/Ci ties/Bangalore/Minor_forced_to_become_D evadasi/articleshow/843185.cms. (Accessed 31 December, 2015)

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 Article 16 requires equality of 370A, as amended through Criminal opportunity for all where people are Law (Amendment) Act, 2013 as well in public employment and prohibits as Section 372 of Indian Penal discrimination based on sex. Code. It is also against the

 Article 23 is particularly pertinent to provisions of the Immoral Traffic the sex trade and prohibits traffic in (Prevention) Act, 1986. human beings and all type of forced labour. Devadasis: A Human Rights Perspective  Article 39 is particularly relevant as it obliges the State to secure a suitable Current human rights treatises on means of livelihood for both men and the matter encompass various women, guarantee equal pay for feminist viewpoints on prostitution. equal work, encourage health for Nonetheless, the practice today workers, and limit citizens from being forced, through economic presents itself as an undeviating compulsion, to take on vocations abuse and mistreatment of women’s unsuitable to age and strength. rights and freedoms irrespective of the inherent social pyramids and  Article 42 requires the State to gender disparities. We cannot protect just and humane working minimise the gender, class and situations and to provide maternity caste obstacles in identifying the aids radical feminist perspective that

These fundamental rights are wishes to prohibit prostitution by bolstered by Article 15(3), which virtue of its misogynistic worth. posits that the State is authorised to It is, nevertheless, vital to recognise take positive action to make “special and acknowledge the abuse provision[s] for women.” experienced by the Devadasis in Beyond its basic articulation of order to identify the practice as a rights, the Constitution violation of human rights before encompasses Directive Principles of critiquing its gradations to formulate State Policy that levy obligations on feminist debates about the issue. the State to protect equality and Even though a law passed in eliminate discrimination (Articles 36- Colonial India (Bombay Prevention 51). These Principles are not of the Dedication of Devadasis Bill, enforceable in court but offer 1934) barred the practice of direction for state policy. Lastly, the bestowing young girls to temples, Constitution states that every citizen the tradition still carries on because of India has a fundamental of its ancient and religious obligation to renounce practices implications as well as the deprecating to the dignity of women consequential lack of choice for girls (Article 51A). These provisions belonging to Devadasi families. promote an emphasis on human Often young girls are involuntarily rights and gender equality, and given into sex work by their families should lead future national laws. because of financial need and also Apart from Constitutional provisions, because there is no way for their the practice of Devadasis in any daughters to get married and be form is in complete infringement of assimilated back into society. This the provisions of Section 370 and profession today can be said to be

34 ECAN Bulletin, Issue 29, July 2016 born out of extreme poverty and rehabilitation of the Devadasis as blossoms on deception, force, and sex workers under the Immoral simple cruelty to women. Traffic (Prevention) Act 1986. Many women have reported cases of Another major issue related with the sexual and physical harassment in Devadasi tradition that is caught up the rehabilitation centres.44 Here the in current human rights discourse is women are kept in confinement and the trafficking of women. A are continuously harassed. They ‘trafficking belt’ has developed near are not even given a choice to stay to the districts adjoining or walk away. This harassment Maharashtra and Karnataka from renders them psychologically where Devadasis are ‘obtained’ for damaged for a long period of time, the red-light districts of Mumbai, not to mention being physically hurt Delhi or other large Indian cities and wounded (Ibid: 363). (Tarachand 1992). Devadasis, because of their pecuniary and Failure of Legislation social status and lots of children, often turn to pimps who assist as India has tried to use legislation to “guardians” making them put an end to the Devadasi system, susceptible to trafficking (Torri but have failed to end this practice. 2009). Although trafficking tracks The problem with these laws can be are not developed exclusively on the found in their application as well as foundation of the Devadasi practice, the drafting. First of all, prostitution the tradition plays a large role in in India has not been banned their continuation and dissemination completely and explicitly. This into conventional society. loophole leaves a hole big enough for corruption by the politicians and Another issue entangled with the police (see for example Ansari trafficking is the health threat that 2016). Also, the institution of sex work and trafficking pose. With Devadasis and prostitution have restricted contact to healthcare been confused with each other so resources and dearth of awareness, constantly that Devadasis have now AIDs and other STIs among become a synonym for prostitutes. Devadasi sex workers. This threat is This idea of Devadasis as exacerbated when women are in prostitutes has been stated by none larger cities, due to lack resources other than the government itself and issues of disclosure in possibly (see Rajgopal 2016). Indeed, the unfamiliar areas. Even amidst the failure to recognise the Devadasis Devadasi communities, frequent as the promoting arts but as pregnancies and abortions from an prostitutes has rendered the whole early age serve as health dangers institution worthless. (see Nair 2004). Therefore, the lack of available resources and schooling also mark the decent of the 44 Women who are rescued from their Devadasi practice as a human rights respective prostitution houses by the Police matter. are usually kept in rehabilitation centres. The purpose of such centres is to keep the rescued women from going back to their However, I think, the gravest previous profession. They are given violation of human rights against the vocational trainings in many of these Devadasis occurs in the name of centres to provide them with alternate source of income.

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Money supports the continuation, even after it has been banned. Devadasis as virgins are sold for quite a lot of money, but when they reach their 30s or 40s, they do not earn enough to sustain themselves and are often forced to sell their own daughters to urban brothels. Others earn money by trafficking young Can Devadasis see the light of the girls from villages to the urban day? brothels (See Gowda 2016). This constitutes a vicious cycle of poverty Even after hundreds of years of their and a life of indignity for such existence and the numerous women. contributions by Devadasis to the culture of India, their existence Even though the Devadasis think of continues to be denied. Many themselves as higher as and holier people in India may not even have than the non-religious prostitutes, knowledge of such a custom their clients see no difference in the existing in India. As a result, many two and treat them just the same Devadasis have converted to other (Gangoli, 2001:115). They face religions to liberate themselves from violence by the hands of their clients the system and ‘their curse’. and are susceptible to unwanted pregnancies and STIs. Perceptions of Devadasis are extremely vigorous and entrenched There is no scope for a proper in their religious status in society. rehabilitation utilising the Although they are marginalised and rehabilitation centres as they are socially condemned for their work problematic (as discussed based on popular morals, their previously) and even NGOs cannot social status is not commensurate work effectively without the support with their religious status. Even of the executive or the police. today, Devadasis are thought to Harassment within the rehabilitation bring good luck at marriage centres is ironic proof of the laws ceremonies within upper caste being an inappropriate response to Hindus and so their presence is vital the issues in hand. Indeed, the on certain occasions. Not only that, police themselves treat the Devadasis, as followers of Devadasis as simply sex workers Yellamma, revel in a semi-holy and harass them sexually and status for the duration of five days of physically. The following table gives a festival in festivity of the goddess an account of all the sex workers, (Ibid.). They are worshipped and including Devadasis, who have held in esteem thus construing very faced violence by hands of the different view of the Devadasi police (Sahani and Shankar 2011): system.

The Indian government has been trying to eliminate this system completely and do justice to the women who have suffered such grave human rights violation. The Andhra Pradesh government has

36 ECAN Bulletin, Issue 29, July 2016 finally begun to frame rules for the the curse of being exploited in the Devadasi Prohibition Act that was hands of the public or the police. implemented 28 years ago.45 The Central Government, in December References 2015, had requested States to Anandhi, S. (1991) Representing invoke rigorous penal provisions and Devadasis: 'Dasigal Mosavalai' as a Radical Text, Economic and Political bear special drives to prevent such Weekly, Vol. 26, Issue No. 11 practices under any semblance, Ansari, M. (2016) 16-Yr-Old Girl labeling the system as one of the Complains Of Rape By 113, most monstrous practices against Including Policemen, Over 2 Years, 46 women. Times of India, April 18, 2016, http://timesofindia.indiatimes.com/cit The 800-year old tradition came to y/pune/16-yr-old-girl-complains-of- an end formally, with the country’s rape-by-113-including-policemen- last practicing Devadasi, in the over-2- Jagannath Temple, Orissa, dying at years/articleshow/51872299.cms the age of 92.47 However, the (Accessed on July 14, 2016) practice still continues by way of sex Bell, S. (1994) Reading, Writing and work. The tradition may eventually Rewriting the Prostitute Body, Indiana University Press come to an end if the legislation is Bhandari, S. (2010) Prostitution in made sturdier and rigorous Colonial India, Mainstream, Vol provisions are given for violating the XLVIII, No 26. provisions. Central government also Dean, O. (2006) Former Religious needs to facilitate justice for the Prostitutes Help Those Still Trapped, Devadasis by breaking the vicious World Vision cycle of poverty and trafficking and eNewshttp://www.worldvision. provide the Devadasis with org/about_us.nsf/child/eNews_india_ adequate means to live and an 051606 (Accessed 24 December, easier entry in the labour market. 2015) Only after such sturdy steps can the Gangoli, G. (2007) Indian Feminisms: Law, Patriarchies and Violence in Devadasis be finally liberated from India, Ashgate Publishing Limited Gangoli, G. (2002) Silence, Hurt and Choice: Attitudes to Prostitution in 45 The News Minute, Andhra to Frame Rules to India and the West, 115, Asia Rehabilitate Devadasis, December 10, 2015 Research Centre Working Paper No. http://www.thequint.com/india/2015/12/10/andh 6. ra-to-frame-rules-to-rehabilitate-devadasis Gowda, A. (2016) Bengaluru: Human (Accessed on 7 January, 2016). Trafficking Racket Busted, Three 46 Deccan Herald, Centre asks states to stop Maria-Costanza Torri, Abuse of Lower Castes Girls Rescued From Brothel, India in South India: The Institution of Devadasi, Today, June 24, 2016, Journal of International Women's Studies http://indiatoday.intoday.in/story/hum Vol.11 Issue No.2, 48 (2009).Devadasi system, an-trafficking-racket-busted-in- December 28, 2015 bengaluru-three-girls-rescued-from- http://www.deccanherald.com/content/519925/c brothel/1/700074.html (Accessed on entre-asks-states-stop-devadasi.html (Accessed July 13, 2016) on 6 January, 2016). 47 Gupta, I. (2013) Perceptions of Mohapatra Debabrata, Puri’s Last Practicing Prostitution: The Devadasi System in Devadasi Dies at 9, Times of India, Mar 20, India, 2015, http://timesofindia.indiatimes.com/india/Puris- https://www.google.co.in/url?sa=t&rc last-practising-devadasi-dies-at- t=j&q=&esrc=s&source=web&cd=1& 92/articleshow/46629322.cms (Accessed on 6 cad=rja&uact=8&ved=0ahUKEwj7Pv January, 2016). WibTKAhVEBo4KHWpfCJMQFggcM

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AA&url=http%3A%2F%2Fwww.acad http://www.sangram.org/resources/P emia.edu%2F7856458%2FPerceptio an_India_Survey_of_Sex_workers.p ns_of_Prostitution_The_Devadasi_S df. (Accessed 3 January, 2016) ystem_in_India&usg=AFQjCNFMoZz Seervai, H.M. (1983) Constitutional Law 67Xe5Tjv_WRgZW1CayJBiA&sig2= Of India, N.K. Tripathi Private Ltd., P_BqbCQCRMbGz68sdjy2_Q Bombay, Sweet & Maxwell Ltd., (Accessed on 24 December, 2015) London, 3rd Edition. Kotiswaran, K. (2001) Preparing for Sharma, K. (2007) The Social World of Civil Disobedience: Indian Sex Prostitutes and Devadasis: A Study Workers and the Law, 21 B.C, Third of the Social Structure and Its World L.J., Politics in Early Modern India, 9 J. of http://lawdigitalcommons.bc.edu/twlj/ Int’l Women’s Studies vol21/iss2/1 (Accessed December Srinivasan, A. (1985) The Devadasi 22, 2015). and Her Dance. Economic and Nair, P (2004) A report on trafficking in Political Weekly Vol.20, Issue no. 44, women and children in India 2002 - 1869, 1876 (1985). 2003, New Delhi, NHRC, UNIFEM http://www.epw.in/journal/1985/44/sp ISS ecial-articles/reform-and-revival- http://nhrc.nic.in/Documents/Reporto devadasi-and-her- nTrafficking.pdf (Accessed dance.html?0=ip_login_no_cache%3 December 10, 2015). D0aac50986bd857105987f88019cf7 Pande, R. (2004) At the service of the 8ee (Accessed December 26, 2015). Lord- Temple girls in Medieval Tarachand, K (1992) Devadasi Custom: Deccan (11th to 17th centuries), Rural Social Structure and Flesh Deccan Studies, Vol. II. No. 2 Markets, Reliance Pub. House, New Parker, K. (1998) A Corporation of Delhi Superior Prostitutes: Anglo-Indian Torri, M-C (2009) Abuse of Lower Legal Conceptions of Temple Castes in South India: The Institution Dancing Girls, 1800–1914, Modern of Devadasi, Journal of International Asian Studies, Vol. 32, Issue. No. 3 Women's Studies Vol.11 Issue No.2 Pheterson, G. (1996) The Prostitution Vyas, P. (2006) Reconceptualizing Prism, Amsterdam University Press Domestic Violence in India: Rajgopal, K.(2016) Act against Economic Abuse and the Need for Devadasi system, SC tells States, Broad Statutory Interpretation to The Hindu, February 16, 2016, Promote Women’s Fundamental http://www.thehindu.com/news/natio Rights, 13 Mich. J. Gender & L. 177 nal/act-against-devadasi-system-sc- tells-states/article8229560.ece About the author (Accessed on July 14, 2016) Prashasti Singh is currently a fourth Rowland, M (2013) A Light in the year law student at Hidayatullah Darkness: Fighting Ritualistic National Law University in Raipur, Prostitution in South India, India, with her honours in Criminal http://www.hart-uk.org/wp- Law and Trade and Investment Law. content/uploads/2013/07/A-Light-in- She has written and presented the-Darkness.pdf (Accessed 24 many papers on human rights. She December, 2015) Russell, S (2005) The Role of has also presented her paper on the Prostitution in South Asia’s human rights of stateless persons in Epidemic, S.F. Chron. India, Vasudhaiva Kutumbakam: http://www.sfgate.com/health/article/ Citizens of the World, at the The-Role-of-Prostitution-in-South- University of Oslo, Norway. She Asia-s-2743953.php#photo-2186429 aspires to become a human rights (Accessed December 18, 2015 lawyer. Sahani, R. and Shankar, K. (2011) Pan India Survey of Sex Workers, 2011

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The youth centre as a ‘sanctuary’ in aiding safer communities for young people

Dr Sarah Tickle Liverpool John Moores University

Introduction

Young people’s visibility in public space has been a prominent feature of concern throughout history, especially in times of social and economic uncertainty. There have also been specific moments in time when young people have been considered particularly ‘problematic’. This is because historically, particular groups of young people have been considered a threat to the social order, requiring regulation and control (Cohen, 2002; Pearson, Recurring anxieties about youth: 1983; Humphries, 1981) and have Place, order and regulation. attracted ‘more theorising and moralising in the past century than During the Industrial Revolution, a almost any other social group’ period of rapid urbanisation and (Humphries, 1981: 1). Since 1815 socio-economic change, child various institutions have imposed vagrancy was a prominent feature. social control on a specific, Due to diminishing employment identifiable group of young people - opportunities, the visibility of the poor and the working class. But children and young people in public as Pearson (1983) reminded us, we space underpinned the founding of have been plagued by the same the ‘child rescue movement’ concerns and fears, which (Goldson, 1997; Platt, 1969). characterise the young people of the ‘Children of the poor’ were day as ‘problematic’, from one perceived to be at risk from the generation to the next. The corruption of city life and also a risk governance of youth therefore has to middle class children by means of evolved and developed through contamination (Savage, 2007) and various institutions and agencies there were raised anxieties about regulating the everyday lives of young people ‘running wild on the young people, particularly working streets’ (Cunningham, 1996). class young people, through Therefore, we witnessed the start of education, employment and leisure ‘rescuing’ or ‘removing’ children and (Muncie, 1984; Humphries, 1981). young people from public spaces.

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Their presence in public space 1857 Industrial Schools Act. Moral prompted official anxiety in 1816 discourses were also expressed by when the Report of the Committee evangelical reformers who placed for Investigating the Causes of the blame on parents’ ‘lack of sufficient Alarming Increase in Juvenile moral training’ (Pearson, 1983; Delinquency in the Metropolis, found Hendrick, 2005) and an agenda of that the principal causes of juvenile moral and Christian education was delinquency were: imposed on the young (Emsley, 2005). The introduction of The improper conduct of parents, Reformatory and Industrial Schools the want of education, the want of governing the ‘deserving’ and suitable employment, the ‘undeserving’ young effectively violation of the Sabbath, and served to remove a specific habits of gambling in the public constituency of young people from streets’ (Report of the Committee public space. for Investigating the Causes of the Alarming Increase in Juvenile Legislation, such as the Vagrancy Delinquency in the Metropolis, Act (1824) and the Malicious 1816: 10-11). Trespass Act (1827), exemplified a further condemnation of ‘young’ The 1816 report, therefore, marked working class behaviour. These Acts the beginning of a distinct social considerably broadened legal category of children and young conceptions of ‘criminality’, to people, and paved the way for a include behaviour that was not separate system for dealing with previously deemed a criminal them. Institutions such as Industrial offence. The Vagrancy Act of 1824 Schools and Reformatories were stated that ‘every person playing or introduced to detain specific groups betting in any street... or other open of children and young people based and public space’ (Magarey 1978: on the ‘rhetoric of moral 117) would be deemed to have rehabilitation proposed by social committed an offence, (a precursor reformers and child savers’ of the anti-social behaviour orders (Humphries, 1981: 212). Mary introduced at the end of the Carpenter, an influential reformer, twentieth century). The argued for intervention based on a criminalisation of traditional street two tier model of ‘perishing’ and activities, particularly those of ‘dangerous’ juveniles, which echoed working class young people, the provision for the deserving and intensified when the Metropolitan undeserving poor institutionalised in Police was established in 1829, the New Poor Law 1834 (Shore, which ‘focused attention on the 1999: 7). Carpenter distinguished streets and, therefore, on the between the ‘deprived’ and the labouring people who lived, worked ‘perishing classes’ on the one hand and played there’ (Rawlings, 1999: and the ‘depraved’ and ‘dangerous 77). The 1850s beheld the same classes’ on the other, and concerns and fears regarding young advocated Industrial Schools for the people whose behaviour was former and Reformatories for the similarly deemed to be ‘problematic’ latter. The institutions that she or ‘deviant’. Children and young promoted gained legal status in the people could, during this period, be 1854 Youthful Offenders Act and the imprisoned as a result of pursuing a

40 ECAN Bulletin, Issue 29, July 2016 range of activities in the streets organisations that originated in including playing football, flying connection with religious and kites, or any game considered to be charitable activity (Springhall, 1977; an annoyance to the public (Muncie, Gillis 1975). The emergence of 2004: 58). these uniformed youth organisations, chart the recognition The 1870 Education Act introduced of informal regulation and compulsory schooling for all young governance of working class young people. Springhall (1986: 70) claims people. Towards the end of the that this can be framed in ‘crude nineteenth century, the work of the economic terms as conveniently youth movement came to be removing large numbers of unskilled formally recognised and led child workers from a flooded labour incrementally to the development of market’. This move occurred at a more ambiguous relationships time of economic and social between youth organisations and uncertainty where the problem of the government (Hendrick 1990). ‘youth’ once again became an increasing source of concern. Charles Russell, Chair of a Home Children and young people were Office Committee in 1908, taken from the dangerous recommended that ‘juvenile ‘illegitimate’ space of the streets and organisation committees should be the work place and placed into the set up locally to coordinate and highly regulated ‘legitimate’ space of stimulate youth provision’ (cited in schools. It follows that compulsory Davies, 1999: 15). These were schooling was ‘the single most enforced in law by the 1918 and important means of taming the 1921 Education Acts which young and clearing the streets’ established, for the first time, a (Holt, 1992: 142). relationship between voluntary youth organisations and the state. Youth provision and informal Nonetheless, the impact of state governance involvement in the provision of youth work was limited owing to financial The youth movement, at the start of constraints, which continue to have the twentieth century, emerged at a ramifications for youth work to the time of social and economic present day (Davies, 1999: 15). The uncertainty in Britain (Springhall, government’s concern over national 1977). The concern for national efficiency and the health of the efficiency coupled with the nation played out consistently in the increasing public and press inter-war years and in particular at anxieties about the growth of periods when young people seemed ‘hooliganism’ and ‘street gangs’ to pose a threat to social stability among the working class youth (Davies, 1986). The concern that (Humphries 1981) drove efforts to periods of social upheaval - instill social conformity, to discipline produced by war conditions - might and regulate young people’s lead to an increase in juvenile behaviour (Springhall, 1977: 16). delinquency motivated the The Boys Brigade (Est.1883), Boy government to adopt a more Scouts (Est.1909) and the Girl interventionist role in youth Guides (Est.1910) were examples of provision. some of the uniformed youth

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On the 27th November 1939 the help clubs hire premises, buy Board of Education issued a Circular equipment and provide competent 1486, to Local Education Authorities leaders’ and by September 1940 (Board of Education 1939), which this had resulted in the marked the beginning of the youth establishment of 1,700 new units, or service in England and Wales and clubs (Davies, 1999: 19). It was ‘brought a service of youth into thought that ‘universal social existence’ (Davies, 1999: 7). The education’ could only be achieved Circular 1486 gave 14 voluntary through experimental, extra youth organisations official status institutional education projects that including the power to nominate new would reach ‘unattached’ young local youth committees and formally people who were perceived to be ‘at recognised the emerging concept of risk’ in a variety of ways (Fyvel youth work. The Circular stated that: 1961; Morse 1965). In this way, ‘state resources had been made The social and physical available mainly as a result of development of boys and girls wartime pressures or the threat of between the ages of 14 and 20, war which had again converted the who have ceased full-time historic fear of youth into a moral education, has for long been panic’ (Davies, 1999: 27). Some neglected in this country. In spite twenty years later, the Albemarle of the efforts of local education Report (1960), regarded as a authorities and voluntary watershed in the establishment of organisations, provision has youth work (Davies, 1999; Davies, always fallen short of the need 1986; Smith, 1988), reported that and today considerably less than the recent crime problem was ‘very half of these boys and girls much a youth problem’ (Ministry of belong to any organisation. In Education, 1960: 17) and it was also some parts of the country, clubs viewed at the time as being a and other facilities for social and ‘working class phenomenon’ (Smith physical recreation are almost and Doyle, 2002). The non-existent. War emphasises recommendations of the report this defect in our social services; encouraged an increase in state today the black-out, the strain of spending due to a ‘real decline in war and the disorganisation of the range and extent of state family life have created conditions resources for youth work during the which constitute a serious 1950s’ (Davies, 1999: 30). Since menace to youth. The this time a universal state sponsored Government are determined to youth service, in particular youth prevent the recurrence during this clubs, have provided invaluable help war of the social problem which and support to young people in arose during the last (Board of England and Wales, ‘in terms of the Education 1939). quality of peer relationships they can foster; the opportunity for informal, The Board of Education in 1939 respectful relationships with adults; became ‘directly responsible for and the chance for participation and youth welfare’ and youth association’ (Robertson 2000:74). organisations were regarded as an educational resource (Davies, 1999: 19). Funding was made available ‘to

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‘Those who do not learn history reduction or threat of closure to are doomed to repeat it’ youth centres and youth service provision in their locality, they are In 2013, youth unemployment also without adequate available reached an all-time high in England support to deal with their own well- and Wales (approximately 60 per being. cent of young people were unemployed in some European The governance of young people states (Burgen, 2013)). In addition, approximately £259 million was cut In March 2016 The Telegraph from youth service spending by reported that McDonald’s, a fast councils and at least 35,000 hours food outlet in in Stoke-On-Trent, had of outreach work by youth workers banned under 18 years olds from have been removed (UNISON their premises unless they were 2014). Since 2012 councils have accompanied by an adult ‘in a bid to shut at least 350 youth centres and crackdown on antisocial behaviour’ 41,000 youth service places for (Graham 2016). In the same week young people have been cut. Not KFC followed suit with such places only have these drastic cuts to youth being labelled the ‘youth clubs of service provision impacted upon 2016’ (BBC 2016). This illustrates young people lives, young people the reality of a large proportion of also bear the burden of other young people with no legitimate government reforms; abolition of place to call their own. means-tested student loans and the Education Maintenance Allowance Alongside this, Sections 34-42 of the (EMA) grants, and not being eligible Anti-Social Behaviour, Crime and for the National Living Wage until Policing Act 2014 introduced new the age of 25 (Summers 2016). In a dispersal order powers to the police climate where young people (16-24) and designated Police Community are nearly three times more likely to Support Officers (PCSO) to deal be unemployed than the rest of the with individuals engaging in anti- population, the largest gap in more social behaviour, crime and than 20 years (Boffey 2015) this is disorder, not only when they have concerning to say the very least. occurred or are occurring but when they are likely to occur and in any The impact of austerity measures is locality (CPS 2016). Amongst the hitting young people hard, in additional powers there is no longer particular in terms of their well-being a requirement for the pre- and mental health. The Lightning designation of a ‘dispersal zone’ Review: Access to Child and (CPS 2016). Dispersal orders Adolescent Mental Health Services combined with Criminal Behaviour (May 2016) by the Children’s Orders (CBOs), which replaced Anti- Commissioner for England, Anne Social Behaviour Orders (ASBOs) in Longfield, reported that over a 2014, are two examples of intrusive quarter of children and young attempts by the state to regulate people referred for mental health behaviour in public space that are support are being turned away highly contested. (Children’s Commissioner 2016). Therefore, not only are young In addition, since 2014 Public people experiencing the closure, Spaces Protection Orders (PSPOs)

43 ECAN Bulletin, Issue 29, July 2016 have provided local authorities with coastal resort beset by multiple wide-ranging powers to regulate and forms of disadvantage). The criminalise activities in public research was concerned with how spaces. Public Spaces Protection young people were governed and Orders (PSPOs), contained in the policed in their own locale. In Anti-Social Behaviour, Crime and particular, why young people’s Policing Act 2014, allow local presence in public space becomes authorities to ban or restrict any viewed as ‘problematic’ and the activity which they judge has a impact that this has on their lives. ‘detrimental effect on the quality of Importantly, I wanted to examine the life of those in the locality’ and are wider 'harms' experienced and increasingly being used to target confronted by young people, which youth activities such as frequently lie outside current crime skateboarding, swimming, or even prevention paradigms, to gathering in groups (Appleton understand from a young person’s 2015:4). To date 130 PSPOs have point of view, in a climate of been issued, including against perennial concern about young young people congregating in people and anti-social behaviour, groups, (see Appleton 2015). Whilst how they conceptualised and these figures are not in their experienced policing, crime, safety thousands, measures such as these and security at the local level. reinforce negative perceptions of youthful behaviour in public spaces The research findings demonstrated which can have criminalising that it was imperative to provide a consequences (Crawford and Lister safe place for young people. Young 2007). They reiterate and encourage people needed safe places outside messages of intolerance. In the of their homes to ‘hang out’ current context, when the overall ‘socialise’ and ‘feel safe’ with their number of young people in the youth peers. Throughout the fieldwork justice system is still continuing to youth centres were a ‘sanctuary’ for reduce (Ministry of Justice 2016), young people. Not only did they one must ask why we still enforce offer informal education, a dominant and implement such measures – feature of youth work (Smith 1988), why do they still exist? As no other and extra-curricular activities, they identifiable group in society would also provided three basic needs, be subjected to this kind of food, safety and shelter. The young discriminatory legislation (Stephen, people also regularly commented 2009). that they attended the youth centre as an alternative to ‘hanging around’ What it means to feel safe: young on the streets: people’s narratives I always come here every day I was fortunate and privileged to be ...didn’t want to start drinking and able to conduct fieldwork with young smoking. Wanted to avoid falling people in two coastal resorts for one into that way of life’ (Male 14 year. Two coastal resorts were Rockford Interview). deliberately selected and are referred to using the pseudonyms People are friendly and there’s Sandton (a relatively prosperous stuff to do to stop me from getting coastal resort) and Rockford (a

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in trouble and stuff on the streets’ YP: ‘Yeah the staff they look after (Female 15 Sandton Interview). you. Because they won’t let you out of their sight unless you ask When discussing safety and security them...They won’t, you have to the youth organisations were ask them’ (Female 13 and Male identified as safe places for young 14 photograph method narrative people in both localities. The youth in Rockford). organisation was perceived as a place offering protection by the staff Figures 1 and 2 represent part of the that worked there: visual methods employed with young people during the fieldwork. Young person (YP): ‘It’s a safe place The young people who participated it’s the youth organisation’ in the photographic activity were asked to take photographs of certain Researcher (R): ‘Why?’ words that I had given to them, for example a safe place. Figures 1 and YP: ‘Because you’re here’ 2 are photographs taken by the young people demonstrating what a R: ‘Because there are other people safe place and a safe place with here then?’ friends meant to them.

Figure 1: Photographic method – A safe place in Rockford

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Figure 2; Photographic method – A safe place with friends in Rockford

Researcher (R): ‘So why is it safe?’ the home (Hillman, et al 1990; Roberts, et al 1995; UNICEF 2001). YP: ‘Because of the staff. Because Therefore, in areas such as no men or women can get in Rockford, the youth organisation youth cafe, because no one can was of paramount importance to get inside like an adult or young people’s well-being. whatever’ (Female 12 However, since the completion of photographic activity narrative) fieldwork in Rockford the youth (See figure 2). organisation has now been closed, leaving no youth provision in the The above narratives and vicinity for the young people to photographic methods illustrated attend. During fieldwork an older how important it was for the young young person who attended the people to have somewhere to go; to youth organisation illustrated how be safe, warm, fed and protected by important this was: adults. Research has also shown that young people from deprived I don’t know where half the kids areas have far higher rates of ill would go. Like I’ve seen like both health, death and injury from ...I wasn’t one of the kids that accidents, both inside and outside came in because I was starving

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all the time. I was quite lucky in from Robertson (2000:74) ‘youth that sense but the majority are clubs have a unique role and one starving. Rockford is full of people that should be valued and supported living in poverty like, not that they as they can make a big difference in are like completely homeless got the lives of many young people and no money but what money they their communities. Club based work do get is not very much to live off can provide the warm, safe, friendly really’ (Female 17 Rockford space for young people…’ and Interview). years later this still remained true for these young people. In an already deprived and under resourced area this has left the In the current uncertain economic young people feeling more climate young people’s visibility in marginalised and subsequently public space could inevitably more vulnerable, particularly become deemed ‘problematic’ once because the organisation was not again. This could lead to further only a place of safety, but it also regulation and criminalisation of provided a hot meal for the young youthful behaviour in public space. people each night. In addition, austerity measures are having serious negative impacts The youth centre as a ‘sanctuary’ upon young people’s health, well- being and social development (see The findings above provoked further Children’s Commissioner 2016; Ayre critical thinking about the impact that 2016; McKee et al 2010). As provisions and youth services, in Natasha Devon, the first Department particular youth centres, have on for Education Mental Health young people’s safety and well- Champion, declared before her role being. The value in young people was terminated in May 2016 ‘this having ‘somewhere to go, government and the coalition before something to do and someone to them have engineered a social talk to’ is beyond doubt. As youth climate where it’s really difficult for workers have feared if this is taken any young person to enjoy optimal away then many ‘young people [will mental health’ (Ryan 2016). be] left hanging about on street Providing a service for our young corners, rather than having youth people combining educational and centres where they can learn new recreational elements, highlights the skills and channel their energies into important role of youth work in projects. The cuts disproportionately young people’s personal and social hurt those from poorer backgrounds’ development (Mckee et al 2010). (Leftley, 2014:1). Through investing This would help towards investing in in young people, youth centres can young people’s own well-being and aid safer communities for young providing them with a place of people, and subsequently this can safety. As the Berkshire youth lead to safer communities for all survey reported ‘youth clubs are key members in that locality. By to children’s well-being’ and children including young people within the and young people who attend youth community, of which they are often clubs will be happier and healthier excluded, would encourage than those who do not’ (McCardle tolerance, belonging and 2014). collectiveness. To borrow the words

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Have we gone full circle? serious and damaging consequences on young people in It can be argued therefore that the the UK. Amidst a climate of cuts ‘problem of youth’ and ‘juvenile and high unemployment rates we delinquency’ were constructed by have a deepening problem of a means of social inquiry, employment population of young people with no legislation, the efforts of reformers legitimate space, which is precisely and philanthropic organisations, and the same situation that existed at a liberal narrative of education, the beginning of the nineteenth discipline and order (Humphries, century. The reliance on policing 1981). The Industrial Revolution and governing young people ‘on the defined the spaces which young streets’ continues to exist when people could and could not many youth organisations have legitimately occupy. The rescue and been closed and do not exist to reformatory movements provide alternative ‘spaces of advancement throughout the early- security’ for young people. As mid nineteenth century, inevitably discussed earlier, state intervention led to the gradual progression of into the development of youth work state intervention into the lives of would often appear persuasive in young people. The development of a times of concern about the health, universal youth service and the efficiency and morality of young emergence of uniformed youth people. Regardless of financial organisations, in the form of the Boy constraints, laws were enforced to Scouts and the Girl Guides for provide state sponsored youth work. example, reflected the informal Local authority youth centres were regulation and governance of established to provide ‘universal working class young people. The social education’. However, over the escalation of various police powers decades when resources decreased and legislation targeting young from youth provision, this was said people from the mid nineteenth to result in a ‘youth’ crime problem. century also demonstrated the Given the current climate and beginnings of the ‘criminalisation’ of decline in financial resources it is young people that are very much in possible to predict where we are accord with the contemporary heading, by not providing a moment. As such, it becomes ‘universal social education’ to young possible to see that ‘youth and people today. young people are much debated and highly contested elements of References: the social world’ (Smith, 2011: 10), Appleton, J. (2016) ‘PSPOs: A where young people’s behaviour Busybodies’ Charter’, Manifesto over the last two centuries has Club http://www.manifestoclub.com/ Ayre, D. (2016) Poor Mental Health: continually been ‘singled out as The links between child poverty and symbolic of national moral decline’ mental health problems, The (Muncie, 2004: 52). Children’s Society, http://www.childrenssociety.org.uk/sit Consolidating austerity therefore, es/default/files/poor_mental_health_r has raised a whole new set of eport.pdf research questions - the impact of BBC (2016) ‘Some McDonald’s and the funding cuts upon the lives of KFC branches are banning under- young people are already having 18s for anti-social behaviour’, BBC

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Newsbeat Online, 1 March 2016, and Columbia, Florence: UNICEF, http://www.bbc.co.uk/newsbeat/articl pp. 41-55. e/35699369/some-mcdonalds-and- Davies, B. (1986) Threatening Youth: kfc-branches-are-banning-under- Towards a National Youth Policy, 18s-for-anti-social-behaviour Milton Keynes: Open University Board of Education (1939) In the Press. Service of Youth, London: HMSO. Davies, B. (1999) From Voluntaryism to Available in the informal education Welfare State. A History of the Youth archives: Service in England. Volume 1, 1939- http://www.infed.org/archives/gov_uk 1979, Leicester: Youth Work Press. /circular1486.htm. Emsley, C. (2005) Crime and Society in Boffey, D. (2015) ‘Youth unemployment England 1750-1900, Third edition, rate is worst for 20 years, compared London: Pearson. with overall figure’, The Guardian Fyvel, T. (1961) The Insecure Online, 22 February 2015, Offenders, Harmondsworth: http://www.theguardian.com/society/ Penguin. 2015/feb/22/youth-unemployment- Gillis, J. (1975) ‘The Evolution of jobless-figure Juvenile Delinquency in England Burgen, S. (2013) ‘Spain youth 1890-1914’, Past and Present, 67: unemployment reaches record 96-126. 56.1%’, The Guardian Online. Goldson, B. (1997) ‘Childhood: An http://www.theguardian.com/busines Introduction to Historical and s/2013/aug/30/spain-youth- Theoretical Analyses’, in Scraton, P. unemployment-record-high (Ed.) Childhood in Crisis?, London: Children’s Commissioner (2016) UCL Press Limited. pp. 1-27. Lightning Review: Access to Child Graham, C. (2016) ‘McDonald’s, KFC and Adolescent Mental Health impose under 18s ban after anti- Services, May 2016, Children’s social behavior, The Telegraph Commission, London: Children’s online, 02 March 2016, Commissioner for http://www.telegraph.co.uk/news/sho England.http://www.childrenscommis pping-and-consumer- sioner.gov.uk/sites/default/files/publi news/12180292/McDonalds-KFC- cations/Children's%20Commissioner impose-under-18s-ban-after-anti- 's%20Mental%20Health%20Lightnin social-behaviour.html g%20Review.pdf Hendrick, H. (1990) Images of Youth: Cohen, S. (2002) Folk Devils and Moral Age, Class, and the Male Youth Panics: The Creation of the Mods Problem, 1880-1920, Oxford: and Rockers, Third Edition, London: Clarendon Press. Routledge. Hendrick, H. (2005) Child Welfare and CPS (2016) ‘Dispersal Orders: Legal Social Policy: An Essential Reader, Guidance’, The Crown Prosecution Bristol: The Policy Press. Service, Hillman M., Adams J. and Whitelegg J. http://www.cps.gov.uk/legal/d_to_g/d (1990) One false move: a study of ispersal_orders/ children's independent mobility, Crawford, A. and Lister, S. (2007) The London: Policy Studies Institute. Use and Impact of Dispersal Orders: Holt, R. (1992) Sport and the British: A Sticking Plasters and Wake-Up Modern History, Oxford: Clarendon Calls, Oxon: Policy Press. Press. Cunningham, H. (1996) ‘Combating Home Office (1960) Report on the Child Labour: The British Committee on Children and Young Experience’, in Cunningham, H. and Persons, (The Ingleby Report), Viazzo, P. (Eds.) Child Labour in London: HMSO. Historical Perspective - 1800-1985 - Humphries, S. (1981) Hooligans or Case Studies from Europe, Japan Rebels? An Oral History of Working- Class Childhood and Youth 1889-

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1939, Oxford: Basil Blackwell of Juvenile Delinquency in the Publisher Limited. Metropolis, London: Dove. Leftly, M (2014) ‘Cuts to youth services Roberts, H., Smith, S. and Bryce, C. will lead to poverty and crime say (1995) Children at Risk? Safety as unions’, The Independent Online, social value, Buckingham: Open August 2014, University Press. http://www.independent.co.uk/news/ Robertson, S. (2000) 'A warm, safe uk/politics/cuts-to-youth-services- place - an argument for youth clubs', will-lead-to-poverty-and-crime-say- Youth and Policy 70: 71-77. unions-9659504.html Ryan, F. (2016) ‘Our children’s mental Magarey, M. (1978/2002) ‘The health crisis is shocking. But so is Invention of Juvenile Delinquency in the Tory silence’, The Guardian early nineteenth century England’, in Online, 19th May 2016, Muncie, J., Hughes, G. and http://www.theguardian.com/comme McLaughlin, E. (Eds.) (2002) Youth ntisfree/2016/may/19/children- Justice: Critical Readings, London: mental-health-crisis-tory-silence- Sage, pp. 115-122. austerity-natasha-devon-axed McCardle, L. (2014) ‘Youth clubs key to Savage, J. (2007) Teenage: The children’s wellbeing, finds survey’, creation of a youth culture, London: Children and Young People Now, Viking. Online: Shore, H. (1999) Artful Dodgers: Youth http://www.cypnow.co.uk/cyp/news/1 and Crime in early Nineteenth 145234/youth-clubs-key-childrens- Century London, Suffolk: The wellbeing-survey Boydell Press. Mckee, V., Oldfield C. and Poultney, J. Smith, M. (1988) Developing Youth (2010) The Benefits of Youth Work, Work. Informal Education, Mutual www.unitetheunion. org UNITE and Aid and Popular Practice, Milton LLUK. Keynes: Open University Press. Ministry of Education (1960) The Youth Smith, R. (2011) Doing Justice to Service in England and Wales ('The Young People: Youth Crime and Albemarle Report'), London: Her Social Justice, Oxon: Willan Majesty's Stationery Office. Publishing. Ministry of Justice and Youth Justice Smith, M. and Doyle, M. (2002) 'The Board (2016) Youth Justice Statistics Albemarle Report and the 2014/15, London: Ministry of Justice. development of youth work in Morse, M. (1965) The Unattached, England and Wales', The Harmondsworth: Penguin Books. Encyclopaedia of Informal Muncie, J. (1984) The Trouble with Kids Education, Online: Today: Youth and crime in post-war http://www.infed.org/youthwork/albe Britain, London: Hutchinson and Co. marle_report.htm. Ltd. Springhall, J. (1977) Youth, Empire and Muncie, J. (2004) Youth and Crime, Society: British Youth Movements, London: Sage. 1883-1940, London: Croom Helm Pearson, G. (1983) Hooligan: A History Ltd. of Respectable Fears, Hampshire: Springhall, J. (1986) Coming of Age: The Macmillan Press Ltd. Adolescence in Britain 1860-1960, Platt, M. (1969) The Child Savers: The Dublin: Gill & Macmillan. Invention of Delinquency, London: Stephen, D. (2009) 'Time to stop The University of Chicago Press. twisting the knife: a critical Rawlings, P. (1999) Crime and Power: commentary on the rights and A History of Criminal Justice 1688- wrongs of criminal justice responses 1988, London: Longman. to problem youth in the UK', Journal Report of the Committee into Juvenile of Social Welfare and Family Law, Delinquency (1816) Committee for 31(2): 193-206. Investigating the Alarming Increase

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Summers, A. (2016) ‘Cuts lead to About the author closure of youth centres across UK’, World Socialist Web Site, wsws.org, Dr Sarah Tickle is a lecturer in the http://www.wsws.org/en/articles/201 Department of Criminology at 6/02/18/yout-f18.html Liverpool John Moores University. In UNICEF (2001) The State of the 2015 she was awarded a PhD for a World’s Children 2001: Early thesis on the ways in which young childhood, New York: UNICEF. UNISON (2014) The UK’s youth people conceptualised and services: how cuts are removing experienced policy, safety, security opportunities for young people and and harm in two coastal resorts. damaging lives, London: UNISON. Sarah completed her PhD at the Vagrancy Act (1824) 5 GEORGII iv, University of Liverpool with funding Cap.83, London: George Edward from the ESRC and was also Eyre and William Spottiswoode. awarded the prestigious Duncan Norman Research Scholarship. She is a member of the Centre for the Study of Crime, Criminalisation and Social Exclusion (CCSE) at LJMU. Sarah is currently publishing outputs from her PhD research and has forthcoming publications in 2016.

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