Jerry Cowley (Mayo, Independent)

I am fortunate in that I did not have an idea what the inside of a prison looked like until the Rossport Five were jailed for 94 days. I visited the men in question on many occasions and, therefore, had an opportunity to witness prison conditions at first hand. The Rossport Five are older men and while in prison their younger counterparts inquired if they would teach them how to read. Apparently, many of their fellow prisoners could not read or write. As Deputy Ó Snodaigh stated, we must focus on keeping people out of prison or, if they are sent there, ensuring that they do not return.

One of the issues that arises in the context of the Bill is overcrowding. Anything that would alleviate the inhuman overcrowding in our prisons would be welcome. Another issue is that prisoners attending court often cannot hear or understand what judges are saying. It appears that the amplification equipment provided is not being used by judges. A third issue relates to the fact that the number of people in prison who suffer with psychiatric illnesses is extremely high. We must ensure that proper detection mechanisms are put in place in this regard and that people receive the treatment they require.

We must consider the effect of alcohol and drugs in this area. Alcohol is, of course, the most common drug of abuse. I welcome the publication of a drug policy and strategy for the Irish Prison Service. However, Ireland, as a nation, has a major problem regarding the abuse of alcohol. For example, Guinness sponsors the All-Ireland hurling final, Heineken and Amstel sponsor the European Rugby Cup and the UEFA Champions League, respectively, and the biggest cheer when the Ryder Cup was held at the K Club occurred when Darren Clarke drank a pint of Guinness. If one visits the District Court, one will come across cases involving drink driving, assault and many other crimes performed under the influence of alcohol. Sadly, the events of such cases are detailed and catalogued to serve as light entertainment in many local newspapers but for many of those involved they represent personal tragedies.

Many sexual assaults, including those perpetrated against children, occur under the influence of alcohol. Many incidents of domestic violence also involve alcohol. If Members doubt this to be the case and if they can find one, they should visit an emergency refuge centre for women. Alcohol is an influence in many murders, manslaughter and rape cases that come before the courts. Of the male prisoners convicted of homicide in British prisons, 38% were described as being drunk at the time of the crime. This compares to 14% who indicated that they were using illegal drugs when they committed murder.

Families throughout the country have been blighted by alcohol for generations. Such families are often dysfunctional and the children in them grow up to suffer what is sometimes referred to as adult children of alcoholics syndrome. Several characteristics are common in adults who have been brought up in families such as those to which I refer. These individuals experience feelings of isolation, are uneasy with authority figures etc. Many become alcoholics and history repeats itself. They often marry alcoholics and develop compulsive personalities. The Barnardos slogan "Every childhood lasts a lifetime" is well coined.

In recent years drugs have compounded and accelerated our problems. Heroin has devastated disadvantaged communities in Dublin. It is estimated that 15,000 people in Dublin are addicted to heroin but the State provides only 20 residential detox beds throughout the entire country. It can take up to 12 months for a chaotic addict to get on a methadone programme that will stabilise them. During this period, he or she will be obliged to commit two or three crimes per day to feed his or her habit. Drugs such as heroin and cocaine are available to people in every walk of life and section of society throughout the country.

The addicts to whom I refer are ordinary people — sons and daughters and mothers and fathers. Many of them are no more than children but have children themselves. In addition, many of them grew up in alcoholic homes. Society has often written them off because they do not, in the main, come from middle class backgrounds and do not, therefore, seem to count. To fund their addictions, many engage in crime, particularly shoplifting. What do we do with the people to whom I refer? We place them in the dustbin that has become our prison system at a cost of over €1,600 per week. They are then released to re-enter the crime-drug addiction cycle.

The criminal justice system is full of alcoholics and drug addicts. The only winners within it are criminal justice professionals, namely, lawyers who make lotto-like salaries from a process that does not make society any safer.

When alcohol was prohibited in the US in the early part of the last century, there was violence, extortion, protection, murder and turf wars. However, people across the classes continued to drink. When alcohol was legalised again, many of the associated unsavoury aspects disappeared but it continued to inflict misery and grief on those who could not handle it. The US Government of the day had the sense to realise that prohibition was a failure.

In 2003, the director of the Merchant's Quay project pointed out that there were only 20 residential drug addiction treatment beds in the country. When one considers that 6,000 people were on methadone maintenance in 2001, compared to 400 in 1995, one has all the proof one needs regarding the growth and spread of heroin abuse.

The prohibitionist mentality has left us hamstrung. The figure of 20 beds for addicts is embarrassing when one considers the emphasis that is placed on creating more prison spaces. With prison, all we do is encourage judges to lock up more people and thus create even further overcrowding in the system. When that happens, there are too many people in spaces that are too small. These individuals have no meaningful work or education and this creates further sites for drug abuse.

In the past, wars were fought over drugs. For example, Britain and China fought two wars in this regard known as the "Opium Wars". In essence, the British wished to trade opium from India to China. The Chinese resisted and war was declared. The trade only ceased when the Chinese were able to make enough opium internally and thereby make it uneconomical for Britain to continue its trade. Up to 1868, one could buy morphine and opium in general stores in Britain. The Pharmacy Act 1868 put a stop to this and gave dispensing powers to pharmacists.

Matters were not, therefore, always as they are today. Everyone knows the dangers of drugs but the problem persists because those who matter and who can do something about it are caught in a straitjacket, culturally and politically. It is a safe assumption to state that the availability of drugs is at an all-time high or close to it. We can also safely say that there is an acceptance of drug-taking among the younger generation and that none of the social stigma members of the older generation might attach to such activity obtains.

Owing to the fact that many of those who can take action are one-dimensional in their approach, the drug problem is merely that, a problem. It is politically expedient for some to sit tight on the fence and wring their hands or call for more severe action to be taken. No one loses votes for stating that drug pushers should be locked up or that drugs are evil. However, the people who live cheek by jowl with this problem and its fallout on a daily basis expect a little more lateral thinking from their political masters.

The provision of more treatment beds, employment opportunities, green spaces, proper recreational areas and open educational opportunities would help to alleviate some of the difficulties in this area. It is the responsibility of the powers that be to try to introduce pilot schemes such as those involving needle exchanges and safe places for addicts to inject. Such schemes are, however, merely cosmetic in nature. What we need are people who will break the mould and take chances, even though they know that fallout will occur. However, anything would be better than the situation that currently obtains.

Many political parties are using or proposing failed policies from the UK and the USA in particular. While the experts know what works and does not, many politicians, like others before them in the UK, believe that policies, known to work, cannot be sold to the public. Instead, a tabloid approach is taken of populist soundbites such as "Prison Works", "Zero Tolerance" or "Just Say No". A new approach based on the five pillars is needed. We need to be brave in our approach, thinking outside the box.

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