Clare Daly (Dublin North, Socialist Party)
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Question 3: To ask the Minister for Justice and Equality his plans to remedy the problems of slopping out and overcrowding within the prison system; if he will grant a debate on the findings on prison conditions contained in the recent report published on the 10th of February of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, CPT; and if he will make a statement on the matter. [7079/11]

Alan Shatter (Dublin South, Fine Gael)
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I am committed to addressing the issue of in-cell sanitation in line with the Government programme for national recovery. The recent report of the Council of Europe's Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, CPT, acknowledged positive developments in the Irish prison system, such as the modernisation of the prison estate, the provision of additional spaces and the investment in rehabilitation services for prisoners. However, it was critical of a number of areas, including overcrowding and the continuing practice of slopping out in some of our prisons.

The latest report of the Inspector of Prisons and Places of Detention on Mountjoy Prison, which became available on 24 March and we published this week, points to a sea change for the better in many respects. I will be supporting the prison's governor, Mr. Ned Whelan, and his staff in pursuing further improvements.

As matters currently stand, 72% of the prisoner accommodation has in-cell sanitation. I am informed that this will rise to in excess of 80% when the extension to the Midlands Prison, currently under construction, is opened in 2012. The project under way in the basement of C wing at Mountjoy Prison, which I saw when I visited the prison, will result in an additional 36 cells with in-cell sanitation coming on stream by mid-2011. The Irish Prison Service also recently awarded a contract to provide in-cell sanitation in the remaining 74 cells on that wing. Depending on the findings of a post project appraisal, the Prison Service will consider installing in-cell sanitation facilities in the remaining cells of that prison. The Prison Service is also currently appraising the logistical, financial, operational and other aspects of an outline proposal to provide in-cell sanitation in all cells in Cork Prison and all remaining cells in Limerick Prison that do not have such sanitation. This appraisal will be informed by the evaluation of the Mountjoy C wing project.

I will not be able to resolve the issue of cell sanitation overnight. In the short few weeks I have been in the job, we have made some progress. Cell sanitation has been a problem in our system for decades. However, I have just this week established a four-person committee to examine the need for new prison accommodation and to advise by 1 July whether work on the site at Thornton Hall should proceed. Its terms of reference specifically require it to take into account the need for an adequate stock of accommodation that meets required standards, including in particular in-cell sanitation. The terms also require the committee to look at alternatives to custody.

I would be happy to participate in a debate on the findings on prison conditions contained in the CPT report whether it be arranged for Private Members' time or otherwise, but I have to leave the arrangements for the provision of time for a debate to the Whips. I suggest that, if we do hold such a debate, it should have regard to the recently published Mountjoy report.

Clare Daly (Dublin North, Socialist Party)
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I welcome the Minister's publication of the report and the considerable discussion on this crucial issue in recent days. As the Minister stated, 72% of prisoner accommodation has in-cell sanitation, which means that 28% does not. The Minister was not in government, but we now recognise that this has been a problem since the mid-1990s. Making people in overcrowded conditions slop out every morning is a clear violation of basic human rights.

I note the Minister's comments about the pilot scheme under way in Mountjoy Prison, but the practice is continuing in Limerick and Cork. I might have misheard, but no definite date for the work's completion was given. There has been some inching forward. It cannot happen overnight, but we need a timeframe in respect of the three prisons primarily affected by this issue. Measures have been suggested that could alleviate the effects of slopping out in the short term, including toilet patrols during the night and so on. This would be an important step.

I am glad the Minister has initiated a review of Thornton Hall, which has already been a significant waste of public money. We will see what its outcome will be. The solution lies in legislation that views imprisonment as a last resort, not in doubling or trebling prison spaces, a practice that must end. I look forward to seeing the report in July.

Alan Shatter (Dublin South, Fine Gael)
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I agree with the Deputy's view that imprisonment should be a last resort, but there are some very bad and violent people in respect of whom, to protect the community, the only option is a sentence of imprisonment when a conviction is obtained.

I agree with the Deputy's view regarding in-cell sanitation. It is a view I expressed from her side of the House. Within our prison system, all cells should have sanitation. Originally, the view was that it was not possible to provide it in Mountjoy Prison. When this matter was further examined, it became clear that such sanitation appears to be possible throughout the prison. The pilot scheme being conducted in C wing is to ensure the feasibility of the project. If it works out as we expect, the next step will be to seek the resources to extend in-cell sanitation throughout Mountjoy Prison. I am very conscious of the conditions in the other two prisons the Deputy named. That is an issue I hope we will have an opportunity to address within the constraints of the resources available to the State.