Professor Gautam Gulati:

First, I will respond to the Deputy about data. I agree with him that the data is completely insufficient. We just do not know how many people with intellectual disabilities or autism, for example, are in the Irish prison system. We just do not know that. There is no good, up-to-date data but my experience tells me that people with disabilities are clearly over-represented in the system. What is more troubling is that people are likely to have more than one disability and there are insufficient basic supports in the system. People might come in with an intellectual or other disability but a prison is a toxic environment. It is a very difficult environment to be in, particularly as it is not designed to offer basic levels of support in terms of accessibility and communication. People end up becoming more unwell and more distressed and might develop a secondary disability or become depressed as a result of being in prison. Often people have more challenges on leaving prison than they did when they went in.

I agree with the Deputy that more diversion is needed but if the correct supports, based on the CRPD, are afforded at the policing stage, I would say that disability would be recognised and there would be greater opportunities to put in place safeguards such as accessible information, the correct legal assistance, and intermediaries for communication. At that stage social work involvement could look at alternatives to incarceration or imprisonment. I would be very concerned if, for example, diversion at the point of arrest leads to an overuse of the Mental Health Act. Many people who come into contact with the police have a number of social challenges. They may have a disability as well but they usually have issues with housing, addiction, domestic troubles and so on. There can be mental illness involved but not always and we do not want to be in a situation where the Mental Health Act ends up being overused for diversion at the point of contact with services.