Dáil debates

Monday, 14 December 2015

Prisons Bill 2015 [Seanad]: Second Stage

 

3:00 pm

Photo of Ann PhelanAnn Phelan (Carlow-Kilkenny, Labour) | Oireachtas source

I thank all the Deputies who contributed to the debate. Their contributions have been very good and interesting. While they all may not have spoken specifically to the Bill, we have been given much food for thought.

The Prisons Bill finally delivers on the calls to close St. Patrick's Institution which, as we know, go back over 30 years. Achievement of the goal set out in the programme for government commitment to end detention of children in adult prison facilities is a key priority for the Minister for Justice and Equality and the Minister for Children and Youth Affairs. Deputy Buttimer referred to this as being a historic day. Substantial progress has been made on this commitment, with the capital development project in Oberstown now largely complete, responsibility for all 16 year old males and 17 year old male remands assigned to Oberstown and the recent enactment of the Children (Amendment) Act 2015.

Before I continue with my closing remarks, I want to address some of the issues that were raised. Deputy Durkan raised a specific question about deportation. The amendment regarding deportation of prisoners will not affect the operation of existing procedures under immigration legislation in cases where a person may wish to seek an appeal or review of a deportation order.

Deputy Buttimer recognised the correspondence between his committee and the Minister for Children and Youth Affairs, Deputy Reilly. The Minster wrote to the Chairman of the Oireachtas Joint Committee on Health and Children last week about a range of issues regarding the Oberstown campus. The following developments that have occurred in recent months are to be noted: the new education and recreational building was opened in September 2015 and is now fully operational; progress has been made with the final residential unit under the Oberstown capital project and the unit is due to be handed over in late December 2015 or early January 2016; a training officer was appointed in September and a campus-wide training strategy and schedule is currently being implemented; and a designated human resource manager for the campus commenced in post in August 2015, which will ensure that best practice human resource management is the norm for the campus. There has been a review of the security call system in use on the campus and a revised staff notice has been issued on its use.

Deputies also referred to the HIQA reports, the most recent of which was issued in October. While it does single out particular areas for further attention, it also recognises that progress is clearly being made in the development of the campus. The updated action plan has been accepted by HIQA on foot of the inspection. It identifies ongoing areas of improvement for the delivery of service on the campus in order to ensure that the journey of a young person through Oberstown is seamless. HIQA also inspected the campus in mid-November and the initial feedback from that inspection is also positive.

All the Deputies have referred to education, rehabilitation and training for prisoners. If the Leas-Cheann Comhairle will allow me, I will outline a couple of very important points. The Prison Service provides a wide range of rehabilitative programmes to those in custody. These include education, vocational training, health care, psychiatric and psychological care, counselling, and welfare and spiritual services. These programmes offer purposeful activity to those in custody and encourage them to lead law-abiding lives on release. They are available in all prisons and all prisoners are eligible to use them. The development of prisoner programmes forms a central part of the Prison Service three-year strategy for 2012 to 2015. There is a clear commitment to enhanced sentence planning through integrated sentence management and the delivery of prison-based rehabilitative programmes.

The Government's unprecedented programme of reform in closing St Patrick's Institution and developing national child detention facilities at Oberstown will allow young people sentenced to detention, which is a last resort under the Children Act 2001, to be placed in a secure environment that will offer them a second chance to be productive people who contribute to society.

I am advised that most of the 17 year olds currently serving sentences in Wheatfield will either reach the age of 18 or will complete their sentences by the end of March 2016. Deputies will appreciate that this position changes on a daily basis as a result of cases being dealt with in the courts. When the relevant provisions of the Children (Amendment) Act 2015 and the Prisons Bill are commenced, the Prison Service and the Youth Justice Service will be in a position to evaluate the situation regarding the 17 year olds then detained in Wheatfield. However, at present, it is not envisaged that the remaining 17 year olds will transfer to Oberstown. Rather, it is envisaged that they will continue to serve their sentences in Wheatfield. This is consistent with what happened previously in the transfer of responsibility to Oberstown for all 16 year old males and 17 year old males on remand. Those phases of transition were done on the basis of new cases only of children received under new court orders from a particular date.

As regards issues that have been raised in respect of imprisonment for non-payment of fines, the Fines (Payment and Recovery) Act 2014 represents a major reform of the fine payment and recovery system in Ireland. The new system provides flexibility for the payment of fines and seeks to reduce to a minimum the number of people committed to prison for non-payment of fines, which will now be a last resort. While it is desirable to commence the legislation as soon as possible, it was important that the necessary preparations were made, in particular by the Courts Service, in order to ensure that the significant changes to the fines system are implemented smoothly and effectively from the start. Good progress has been made on this preparatory work and it is now envisaged that the Act will commence on 11 January 2016.

Once again, I thank Deputies for their support for the Bill.

Comments

No comments

Log in or join to post a public comment.