Ms Saoirse Brady:

I thank the committee for the invitation and the opportunity to present on this very important topic of accessing justice. The Irish Penal Reform Trust, IPRT, is Ireland's leading NGO campaigning for rights in the penal system and the progressive reform of Irish penal policy. Our core message is that a penal system that protects and promotes human rights, equality and social justice and relies upon prison only as a measure of last resort will contribute to safer communities for everyone. People with disabilities are a significant but overlooked population in the Irish penal system, and the IPRT accordingly welcomes the opportunity to highlight the challenges these individuals face and to identify the ways in which the State can better vindicate their rights in accordance with the UN Convention on the Rights of Persons with Disabilities. The topic under discussion today is wide-ranging but we will focus on three key issues. First, the lack of data on disability within the penal system; second, the treatment of people with disabilities in the penal system; and third, the importance of diversion from the criminal justice system. I will be echoing some of what my colleagues have said.

The IPRT’s research has identified significant gaps in data on the prevalence of disability in Irish prisons. Reasons for these may include some disabilities going unrecognised within the penal system and-or issues arising in respect of the screening tools used in prison. The limited data available in Ireland primarily relate to psychosocial or mental health disabilities and intellectual disabilities within the prison system. Mental health among the prison population is a serious concern, with some studies estimating that the prevalence of severe mental illness among the prison population is four times that of the general population. It is estimated that nearly one in three prisoners in Ireland has an intellectual disability, although data are incomplete. The Inspector of Mental Health Services has noted that people with intellectual disability are over-represented in all parts of the criminal justice system, including police custody. The absence of robust and current data on the extent of disability of all forms within the prison population and those interacting with the criminal justice system makes it difficult to address the rights and needs of these individuals. Therefore, we recommend that systems for collection of data on disability should be devised and implemented across the criminal justice system to identify and address the barriers faced by people with disabilities in accessing their rights.

Prisoners with disabilities face many challenges in navigating the prison environment. For example, the IPRT’s 2020 research report, Making Rights Real for People with Disabilities in Prison, identified significant concerns about the environmental accessibility of Irish prisons for people with disabilities, with some individuals being unable to leave their cells or wings for large portions of their prison stay and, accordingly, having limited access to education, employment and recreational activities. There were also difficulties for prisoners with disabilities in accessing healthcare services such as physiotherapy and speech therapy as well as mental health supports that go beyond psychiatry. The report found that inaccessible information and a lack of information on the prison and its rules can cause difficulties for people with disabilities in following the disciplinary system. There was a lack of awareness among prisoners with disabilities on their right to reasonable accommodation, with some describing being denied access to devices they relied upon outside of prison. There were concerns around people with mental health illness being held in isolation and-or safety observation cells, which in some circumstances amounted to solitary confinement or, in other words, confinement in isolation for more than 22 hours a day.

Bullying of prisoners with disabilities has been identified as a matter of concern in both the IPRT’s report and a recent report from the Inspector of Mental Health Services. This can sometimes result in people trying to hide their disability while in prison. Therefore, we recommend the Irish Prison Service undertake accessibility audits of all prison settings, engage in a disability equality analysis of its service, and ensure all those working in prison receive training on responding to the needs of prisoners with disabilities. We also recommend that all prisoners experiencing mental health difficulties should be offered appropriate non-psychiatric responses, including access to psychology, counselling, and survivor-led peer support. The placement of people with disabilities in solitary confinement should be prohibited, in line with international human rights standards.

The IPRT wishes to take the opportunity to re-emphasise that people with severe psychosocial disability should not be in prison and should, wherever possible, be diverted from the criminal justice system and provided with access to appropriate treatment in the community or an alternative therapeutic environment. The focus of the recently established high-level task force on diversion is welcome, and the IPRT eagerly awaits publication of the task force’s final report and implementation plan.

Regarding the potential human rights issues in diverting prisoners into secure psychiatric settings, the IPRT is clear that there must be robust consent processes and procedural safeguards in place whenever a transfer is to take place. The IPRT is soon to publish research on the rights of people detained in secure forensic settings in Ireland, which will further inform and develop this position. We call for the high-level task force final report and high-level implementation plan to be published without further delay.

I thank the committee members again for the invitation to attend today’s session. My colleague Ms Sarahjane McCreery and I are happy to discuss further any aspect of our statement or answer any questions the committee might have on the issues raised or anything else we can help with.