Pádraig Mac Lochlainn (Donegal North East, Sinn Fein) | Oireachtas source

Sinn Féin, obviously, supports the Bill. As previously stated, the main purpose of the legislation is to facilitate the complete closure of St. Patrick’s Institution. It repeals statutory provisions that enable the courts to order the detention of offenders under the age of 21 years in St. Patrick’s Institution and deletes references to “St. Patrick’s Institution” from the Statute Book.

In part, the Bill has its origins in a commitment given in the programme for Government to end the practice of sending children to St. Patrick’s Institution. For decades non-governmental organisations, the Irish Council for Civil Liberties, the Irish Penal Reform Trust and a number of international organisations, including the United Nations, have been calling for the closure of St. Patrick’s Institution and an end to the detention of children in adult prisons.

Across the child protection and criminal justice spectrum there is unanimous agreement on the importance and significance of ending the practice of detaining children in adult prisons. For example, the Irish Penal Reform Trust has repeatedly pointed out that adult prisons are completely unsuitable in meeting the particular needs of young offenders. This sentiment was echoed by the new Ombudsman for Children, Dr. Niall Muldoon, who stated rehabilitation must be a paramount consideration in the detention of young people.

The closure of St. Patrick’s Institution and the building of six new buildings, each with the capacity to house between eight and ten children, are positive steps. Again, the Ombudsman for Children and the Irish Penal Reform Trust agree that the Oberstown centre is the most appropriate environment for the small number of young people for whom detention is necessary. However, both entities have also expressed concern at the findings of a report by HIQA published on 23 February on two inspections it had carried out in the Oberstown centre in October and November 2014. Of a total of ten standards, HIQA found that the children detention schools met just one, that of education, in full. Six standards were found to require improvement, while the failure to meet three standards was found by HIQA to present a significant risk. These were in the areas of single separation, the management of medication and staffing and training issues. The isolation of any child or young person from his or her peers can be damaging and the standards are clear that isolation must only be used sparingly and for the minimum, appropriate period of time.

The Irish Penal Reform Trust is particularly concerned at reports that single separation was used owing to staff shortages. Concerns about insufficient staffing, staff training and high levels of staff absenteeism are also detailed in the inspection report. In a 12-month period more than 700 cases of single separation were recorded at Oberstown, with one child spending more than 83 hours in isolation over a four-day period.

It has been proved that in areas where there are supports for minors who are exposed to violence or trouble in their communities, these supports significantly reduce the number of children who get into trouble with the law. We must start to discuss the issue of early intervention and prevention. We must create a system which will be humane and progressive - a rehabilitation process which will encourage all children to reach their full potential rather than a system which will impact negatively on future generations for life.

On prisons, it is worth reminding ourselves that the State’s reputation is justly criticised as being embarrassing. The Government should be embarrassed. Ireland is one of only four European countries not to have ratified the United Nations' anti-torture protocol. Professor Malcolm Evans whose work focuses on preventing torture and degrading treatment has expressed frustration that the Government has repeatedly promised but failed to ratify a system of independent, international inspections. At the last universal periodic review of the human rights records of all 193 UN member states in 2011 he said Ireland’s failure to sign the United Nations' anti-torture protocol was openly criticised, even by some countries with, historically, very poor human rights records. He said some would reach the conclusion that the justice authorities in Ireland had an issue with transparency and accountability. The protocol provides for UN and national bodies to make unannounced visits to all places of detention, including prisons, police stations and psychiatric hospitals, and report on what they find. The bodies have the power to examine the facilities and interview staff and detainees in confidence as part of the inspection process. Sinn Féin recommends expedited ratification of the protocol.

It is a well accepted maxim that a society is best judged by its treatment of prisoners. In Ireland the issue of prison conditions has a special resonance associated with colonial rule and the legacy of conflict over centuries. Prisons were sites of execution, torture and ill-treatment of many thousands of political prisoners and inhumane warehouses for the destitute in an unjust and unequal society. Fundamental prison reform is a priority for my party and should be for all republicans. It is crucial that prisoners and children in the care of the State are not failed, as they have been for too long.

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