Louise O'Reilly (Dublin Fingal, Sinn Fein) | Oireachtas source

The Committee on Justice and Equality focused on measures that could be taken to decrease the number of people being sent to prison each year. The report finds a systemic overuse of imprisonment as punishment, unacceptable conditions in Irish prisons and the need to increase efforts to rehabilitate prisoners.

Sinn Féin believes that in a fair and effective criminal justice system offenders are held to account, sentences are proportionate and the primary purpose of prison is rehabilitation, not retribution. The report is wide-ranging, covering many topics, and there are 29 recommendations, some of which I will focus on.

In my capacity as Sinn Féin's health spokesperson, I point to recommendations Nos. 17 and 18, which focus specifically on the health of prisoners and the practicalities around maintaining health. The European Committee for the Prevention of Torture has been critical of the management of healthcare in Irish prisons, noting significant problems with waiting lists and missed appointments for Irish prisoners. It is recommended, therefore, that the Health Information and Quality Authority, HIQA, undertake a fundamental review of healthcare in Irish prisons. The Department of Health should commission an independent external audit of prison healthcare, and resources should be allocated to ensure the HSE can deliver healthcare effectively in prisons.

The committee supports the recommendation contained in a 2016 report by the former Inspector of Prisons, Mr. Justice Michael Reilly, that responsibility for healthcare in prisons be transferred to the HSE. It is widely known that people from poor and disadvantaged socio-economic backgrounds make up the majority of the prison population. It is also true that the lower a person's economic background, the poorer his or her health and health outcomes. With that in mind, it is important that the conditions in prisons are up to the necessary standards to ensure good health among the prison population. This will mean those in the prison system remain healthy, both physically and mentally. That is only right and proper as prisoners, too, have rights. These rights must be upheld regardless of their transgressions.

Ensuring good conditions is very important because it means the mental well-being and physical health of prisoners is kept at a level that does not escalate to the need of acute care. Acute care is more expensive and has additional costs, such as prison officers transporting and monitoring patients. While some level of acute care will always be necessary, we should ensure all is done that can be done to prevent this escalation of care. It is important that substance misuse issues are tackled in our prisons and that those in prison have access to addiction treatments and other relevant resources.

Overcrowding is a big problem that leads to issues in terms of prisoner and staff safety, and this is something that must be addressed promptly. The recommendation to cap prison numbers and reduce the prison population over time through alternative measures must be given serious consideration. The director general of the Prison Service, Mr. Michael Donnellan, reported this week that huge pressure was being placed on the system because of the need to keep prisoners separated for their own safety. The State's 11 prisons are being forced to operate segregated regimes and up to 14 gangs are said to be involved.

The annual Prison Service report paints a bleak picture. The number of prisoners has risen for the first time in seven years and now stands at 3,981. Overcrowding has become an issue at six of our prisons, including the Dóchas centre for women. Young adults aged between 18 and 24 should be recognised as a distinct group under the responsibility of the Department of Children and Youth Affairs, along with being paired with third level institutions and availing of opportunities for further education. My party will support an expansion of Garda youth diversion projects and a focus on prevention and early intervention, rather than coming at the issues with a reactive perspective.

Ireland signed the optional protocol to the UN Convention against Torture on 2 October 2007 but has yet to ratify the instrument. When a State ratifies the optional protocol to the UN Convention against Torture, its main obligation is to set up an independent national preventative mechanism to undertake regular visits to places of detention and to formulate recommendations to the authorities. For the first time, an international treaty focuses on national implementation and provides a national body with specific powers to prevent torture and ill-treatment. Ratifying the protocol would significantly strengthen inspection and monitoring processes where persons are deprived of their liberty. I understand there is a body which inspects prisons but I feel this is relevant in the context of detention. Will the Minister outline if he intends to move towards ratification in the not too distant future.

I commend the justice committee on all the work that went into this report. In particular, I commend my comrade and Chair of the committee, Deputy Caoimhghín Ó Caoláin.

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