Frank Fahey (Galway West, Fianna Fail)

I thank the Deputies who have contributed to the debate on this Bill which contains significant measures in the programme of reform of the prison service. I acknowledge the points raised by the Deputies tonight and will bring them to the Tánaiste's attention. He has stated his determination to ensure that our prisons are modern and humane and can take their place as models of how a 21st century prison service should operate. The Bill deals with several major issues in this regard and the level of support it has received from Deputies is pleasing.

Deputy Jim O'Keeffe mentioned recidivism and noted that 75% of offenders reoffend. The results of a recent study by the Institute of Criminology in UCD do not support this figure. That study found that approximately 27% of released prisoners serve a new prison sentence within one year, this rises to 45% after three years and 49% after four years. While these figures are high, they are not of the magnitude suggested by Deputy Jim O'Keeffe.

I agree with Deputies Jim O'Keeffe and O'Connor that every encouragement should be given to keep people out of prison. Towards that end a working group to review the potential of restorative justice is being established. The group will take account of the report of the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights which was published last month.

Deputies Fleming, Jim O'Keeffe and Ó Snodaigh were concerned about the possible privatisation of prisons. There are no plans in the offing to privatise our prisons. There are, of course, circumstances in which individual functions now being carried out by the State could be carried out by private companies — the escorting of prisoners is one such service provided for in the Bill. The Minister has stated, however, that it is not his intention to commence this part. The prison service escort corps is running very successfully and operates on average over 33% more efficiently than the previous overtime-based system. As long as these efficiencies continue, there is no reason to contract out the prison escort service.

Deputies Jim O'Keeffe, Howlin and Ó Snodaigh raised the matter of the appeals tribunals and why only lawyers should be appointed as members. The Department of Justice, Equality and Law Reform has been advised by the Office of the Attorney General that such tribunals are necessary in order to meet the requirements laid down in recent decisions in the European Court of Human Rights and will in effect be quasi-judicial bodies. As such, it is important that members who will be expected to take on quasi-judicial functions have legal training.

See this speech in context