Jerry Buttimer (Cork South Central, Fine Gael) | Oireachtas source

In welcoming the opportunity to speak on the Bill, I wish to speak as Chairman of the Oireachtas Committee on Health and Children, in which capacity I will reference Oberstown. I also wish to speak as a Deputy from the city of Cork, where there is a proposal for a new prison. The important point is that the Minister for Children and Youth Affairs has indicated it is his intention that the practice of detaining children in adult prison facilities will cease as early as possible this year. All of us who are involved as members of the Committee on Justice, Defence and Equality or the Committee on Health and Children or as Members of this House will welcome the fact that St. Patrick's Institution will close.

St. Patrick's Institution was where we housed young adult offenders and children. Everyone recognises that this approach was wrong, unhelpful and did not lead to rehabilitation. When we hear the reports today on the number of people who re-offend within three years of coming out of our prison system, it begs the question, what is the main purpose of detention and incarceration? The purpose of this Bill is one which I am sure will be welcomed by all Members of the House in the context of where we are going as a society and as a country. The Minister of State in her fine speech referred to Dr. T.K. Whitaker in the 1980s and noted that there has been a huge momentum towards closure. This Government, in its programme for Government, committed to closing St. Patrick's Institution and refurbishing, rebuilding and changing Oberstown. The committee I chair visited it and met members of staff and I will return to that matter later.

It is important to examine how we want to rehabilitate and educate young people who offend. It is important to examine how we allow the system punish them for their wrongdoing. It is also important they recognise that wrongdoing has a consequence while, at the same, they are given the opportunity and the skills to put right their wrongs. This is why the programme for Government was critical in terms of bringing those under 16 years of age and between 16 years and 18 years in custody into the right zone.

The €56 million development of Oberstown was necessary and one we all welcome. The development is now almost complete. Along with my colleagues in the Committee on Health and Children, I had the opportunity to visit the campus. I thank all the staff who work in Oberstown. In recent weeks and months, these men and women have seen changes to their work schedules and working lives as well as having to deal with serious workplace issues. All of us involved in the area of children and justice want to see those working in our prison system and our young offenders system be able to do so in a safe and secure manner. At the same time, we want those who are under their care to be equally safe when detained. As the Minister of State stated in her reply to the committee in September, we want children in the criminal justice system to be detained as a last resort only. There is a need for an ongoing dialogue on Oberstown. We have heard the concerns of staff members. The Minister, her Department and the staff at Oberstown are committed to ensuring the staff do not have to continue to endure some of the difficulties currently faced by them.

I hope we will see an end to 16 and 17 year olds being detained by order of the courts.

There is no place in the criminal justice system for incarcerating young people in Dickensian institutions.

On the question of admission to custody, I do not want to be controversial in the sense that what I speak about is outside the remit of the House, but members of the Judiciary must give consideration to where they place young people. Should St. Patrick's Institution or the Oberstown centre be the first port of call? Issues such as the age of the defendant, the complexity of the crime and proportionality must be taken into account. I am not trying to minimise in any way the crimes that have been perpetrated, but we must examine continually the youth justice system and the sanctions imposed on young people.

It is important that we continue the programme of capital investment and recruitment of new staff. In that regard, in recent weeks the Oberstown centre has been advertising posts and recruiting new staff. The management structure and culture within institutions must be closely monitored.

The report of the Inspector of Prisons, Mr. Justice Michael Reilly, referred to a lack of attention to human rights and the prevalence of drugs within St. Patrick's Institution, both of which are unacceptable.

I commend the Minister for Justice and Equality and the Department for the recent investment in Cork Prison. City councillors and Oireachtas Members from Cork city recognise the importance of the investment of €38 million in the development of a new prison. It will increase capacity and allow for the recruitment of more staff. In recent days Newstalk radio ran a series of programmes on the prison. I commend those involved in the development project which will be completed on time. A new, modern prison is being built on a site adjacent to the existing prison. I also pay tribute to the Cork Prison Visiting Committee for its annual report for 2014. Often we do not see what happens behind the scenes, but the members of the visiting committee are actively involved in the workings of the prison.

Education and training are of paramount importance. Prisoners are engaged in numerous activities, including taking various FETAC-level courses.

On the issue of bullying, I pay a particular tribute to the staff and the visiting committee for setting up a pilot project, with the Cork Traveller Visibility Group, to deal with the bullying of Travellers in prison. Classes were offered to members of the Traveller community which proved successful. As a former director of adult education, I am very pleased that staff at Cork Prison have been providing night classes for prisoners. One such class focuses on the making and fixing of hurleys, which will be of interest to the Minister of State and the Leas-Cathaoirleach. The class has enabled prisoners to develop a new and useful skill.

It is important to point out that Cork Prison has adopted a multi-agency approach which plays a key role in it being able to offer educational opportunities, tackle mental health problems, addiction problems and so forth. While it is correct that we incarcerate people for wrongdoing, we must continue to engage with and mentor them when released, particularly those who want to change and begin a new life. We must encourage them and give them every opportunity to do just that. The criminal justice system is an integral part of society and people look to the courts for safety and sanction. We all support the Judiciary and it is very important that it operate independently.

I again commend the Cork Prison Visiting Committee for its information booklet which was made available in 2014. It facilitates improved access to services within the prison for prisoners, which is very important as it allows them to begin a new phase of their lives, even while still in custody. I acknowledge the work of the Irish Prison Service, the visiting committee and staff in that regard.

The Irish Prison Service in Cork was instrumental in providing two excellent playgrounds for the children of St. Brendan's and St. Mark's primary schools on the north side of the city with funds from the community dividend, which is indicative of the partnership approach adopted. As the visiting committee's report points out, the playgrounds were badly needed and greatly appreciated by the parents, staff and pupils of the aforementioned schools.

I have referred to the hurley repair workshops that take place in Cork Prison. I commend the officers involved, particularly Mr. Andrew McCarthy who has been involved for almost two decades. In the workshop prisoners are taught a new skill which gives them a new outlook, while also benefiting local GAA clubs. It is estimated that between 100 and 150 hurleys are repaired in the workshop. Last year 22 basic certificates and eight advanced certificates were awarded to prisoners. The work of prison visiting committees and the reports they produce often go unnoticed.

I take the opportunity to pay tribute to Fr. Michael Kidney who was chaplain in Cork Prison for many years. He was a devout but ordinary man whose life was built on the maxim of Christianity. He provided hope for so many prisoners who had very little to hope for in their lives. I must also pay tribute to Sr. Mary Jo Sheehy for the invaluable work she has done in Cork Prison.

In the context of this debate we must review the rules for what were known as detention schoosl and also how we discipline young people. I hate using these old, cold terms because that is not what this debate is about. It is about moving on to a different era and new opportunities. The Oberstown centre must be viewed in that context. The Minister for Children and Youth Affairs is committed to tackling various issues within the youth justice system. The Oireachtas Joint Committee on Health and Children raised the matter with him last week and has raised it with management at Oberstown. There is a need for further engagement and dialogue because we need a more co-ordinated approach to detaining young people. I hope any custodial sentence imposed will prove to beneficial to those concerned because custody should be about rehabilitation and re-education. It should not just be a matter of locking the door and throwing away the key because that does not work. We must offer people hope and the opportunity to begin a new life.

The passage of the Bill is significant. It is important that we learn from the mistakes of the past.

Oberstown will transform the issue of detention for young people. We must not spurn that opportunity. We must use it to create a secure and safe environment for the staff who work there. It must become the beginning of a second chance for the young people placed there. It is about allowing them to recognise their mistakes and go on to make a contribution to society. If people re-offend at a later time, that poses a different challenge. We must consign St. Patrick's Institution to history. It has out-served its time. In creating the new campus at Oberstown, it is important that we get it right.

I commend the Minister for the work she has been doing in the Department. The Bill before us will allow young people who are sent to Oberstown the space and time to learn the importance of right and wrong.

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