Dáil debates

Wednesday, 21 November 2007

Adjournment Debate

Prison Building Programme.

9:00 pm

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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I thank the Ceann Comhairle for the opportunity to raise this matter. The Defence Forces camp at Kilworth, County Cork, has been designated as the location for a prison covering Munster and it will replace facilities at Cork Prison in particular. The proposed location of the prison will be within the 1,200 acre camp located close to the M8 motorway between Mitchelstown and Fermoy and it is destined to house up to 450 prisoners. On Monday last, the residents of the immediate area called public representatives to a meeting to discuss the proposals and to air their genuine concerns. In seeking this Adjournment debate, I wish to speak about a number of those concerns. Given that this prison will be constructed under the terms of the strategic infrastructure legislation, there is genuine concern that local residents' fears will not be addressed. The construction of such a large prison within a very rural area raises a number of fears. For example, landowners who leased land from the Department of Defence for agricultural purposes now wonder where their future lies. They had a long-standing arrangement and have asked will they be able to stay on the land or will this scenario change.

People have also asked whether the land acquisition process for the prison has been completed. If not, there is a strong school of thought within the community that the footprint of the prison should be moved to a more suitable location within the overall landholding. The community also believe the prison should be constructed within contours that make it more suitable. It is strongly perceived that the current proposal, as we understand it, is a site within 162 acres. If the land acquisition is not completed, residents believe that the case could be made for the prison to be moved, even if that is beyond the current 162-acre footprint.

From an environmental point of view, there are concerns that three streams within the footprint of the proposal will be compromised. The area in question is served by the Killally, Ballinrush and Graigue group water scheme. The source of this scheme is approximate to the footprint of the site.

The Minister, in response to a question I tabled on Thursday last, stated that normal planning provisions do not apply to a prison development. There is an understanding that for security reasons one does not broadcast or make known the exact plans. We all acknowledge that fact, but further concerns have been raised about the transport provisions to and from the prison. People in the nearby village of Kilworth, where at times traffic causes a bottleneck, are seeking, through their community council, assurances on the traffic management provisions of the proposals. They also seek a buffer zone around the prison from an aesthetic and security point of view.

Those who live in Cork city are used to the presence of a prison within their city. The construction of a prison of this nature in a very rural area would give rise to genuine causes for concern and anxiety.

If the proposal is being presented as a fait accompli and is not subject to normal planning considerations, I respectfully ask the Minister to ensure any provisions relating to public safety and environmental concerns are addressed. To assist the community further, I respectfully request of the Minister and his officials that he would meet a deputation of residents and public representatives in the area so they can have their concerns addressed at an early stage.

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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I am responding to this matter on behalf of my colleague, the Minister for Justice, Equality and Law Reform. The existing Cork Prison was built by the British military in the early 19th century as part of what is now known as Collins Barracks. It was only in 1972 that it was transferred to the Department of Justice and used as a civil prison. Originally designed for 150 inmates, it now has a capacity for 270 and is normally operating at close to full capacity.

The Deputy will be aware that it has been the policy of the Irish Prison Service to modernise all outmoded prison accommodation to bring it in line with modern facilities, including full in-cell sanitation. The Deputy will also be aware that the existing accommodation at Cork Prison falls well short of these requirements. In particular conditions are crowded and there is no in-cell sanitation. There is insufficient recreation space and, furthermore, the lack of space does not allow an adequate perimeter security to prevent drugs and weapons being launched into the prison. The site is not suitable for redevelopment and it is planned in due course to replace it by a new Munster prison built on a greenfield site. Planning exercises by the Irish Prison Service indicate that a facility with a capacity of approximately 400 to 500 prisoners would be required to ensure adequate capacity for the Munster region over the next ten to 15 years.

In this regard the Government decided earlier this year to assign a site owned by the Minister for Defence in Kilworth to the Prison Service to serve as the location for the development of a prison facility to replace Cork Prison and serve the Munster region. The project is at an early stage. A preliminary site suitability report has been carried out on the site and this has confirmed that there are no significant constraints to the development of this site. A process of consultation has commenced with representatives of the local community, a number of meetings have being held and these will continue as outline plans for the new development are drawn up.

While a decision has been made in principle to proceed, there are a number of steps that must be gone through before a detailed plan of a prison facility on the site can be finalised and a contract signed. The first step required by Department of Finance guidelines on capital expenditure is the preparation of a business case for the project. The Prison Service interim board has approved recently the necessary preliminary business case for this project and has forwarded it to the Department of Justice, Equality and Law Reform for consideration. In due course and in consultation with the National Development Finance Agency a decision will have to be made on the procurement process to be used and in particular whether a public private partnership approach is appropriate. That decision will influence the timing of the design phase. The Deputy will understand that it is not possible to be definitive about the project until a design has been agreed.

When a detailed design has been finalised development consent will be sought. Before consent to a prison development can be given, the procedures set out in Part 9 of the Planning and Development Regulations 2001 and, where appropriate, section 181A of the Planning and Development Act 2000, as inserted by section 36 of the Planning and Development (Strategic Infrastructure) Act 2006 or the procedures set out in Part 4 of the Prisons Act 2007 must be followed. Both these procedures require public notice to be given of the proposed development and allow submissions to be made by interested parties on the development. There will therefore be a formal consultation process with local interests at that stage. Allowing for the steps still to be taken, including the tendering process as well as the design and construction phase, it is unlikely that a new prison facility to replace Cork Prison will be completed at Kilworth before 2011.

As to the approximate cost, the terms and scope of the project have not yet been finalised. In addition, this project will be procured by means of a public tender competition and, accordingly, it is not appropriate for a number of reasons to publish estimates of the cost at this point.