Dáil debates

Tuesday, 20 September 2011

Other Questions

Prison Inspection Reports

2:00 pm

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Question 59: To ask the Minister for Justice and Equality the recommendations and demands made by Judge Michael Reilly, the Inspector of Prisons in his report on the 30 May 2011 in relation to prison conditions; and if he will make a statement on the matter. [24741/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I welcome the inspector's report which I published on 30 May last. It is a particularly valuable and comprehensive report. In it, the inspector stated that the Irish Prison Service and local management should be aware by now of what he regards as best practice and that he expects by 1 July that all prisons will comply with this. However, he also appreciated that prisons will not be able to comply in certain areas in the short term. In terms of progress, I have been informed by the Irish Prison Service that a number of the inspector's recommendations have been implemented or are being implemented. Improvements are being made even though this is subject to the availability of resources.

Areas mentioned by the inspector include the use of special cells, prisoners' complaints and the procedure to be followed following deaths of persons in custody. New procedures have been adopted and will be supported by changes to the prison rules which have been drafted and are being finalised in conjunction with the Office of the Attorney General. I hope those rules will be finalised very shortly.

The inspector also referred to minimum standards for prison accommodation and the regimes and services that should be provided. The Government is committed to the elimination of slopping out in prisons. The upgrade of more than 100 cells at Mountjoy Prison, including the installation of in-cell sanitation, will be completed by the end of October. The Irish Prison Service will then consider the feasibility of installing in-cell sanitation in the remaining cells of Mountjoy and to other facilities elsewhere. The completion of the Midlands Prison extension and the provision of 70 extra dormitory style spaces in the Dóchas Centre will mean that 80% of the prisons estate will have in-cell sanitation by mid-2012.

Unfortunately, the numbers in prison at the moment do not allow all of the inspector's standards to be met in the short term. The problem of prison overcrowding remains a challenging issue. As of 15 September 2011, there were 4,269 prisoners in custody. In 2000, that figure stood at 2,919 and 400 additional prisoner places will come on stream by mid-2012.

Having considered the report of the Thornton Hall review group, the Government has decided in principle to proceed with the construction of new prison facilities at Thornton Hall and at Kilworth, County Cork, but on a smaller scale and design from that previously envisaged. The timeframe for these projects will be discussed soon in the context of discussions on capital spending priorities for 2012.

Additional information not given on the floor of the House.

The Deputy can be assured that I am pursuing alternatives to custody. The recently enacted Criminal Justice (Community Service)(Amendment) Act 2011 requires the sentencing judge to consider the imposition of community service where a custodial sentence of 12 months or less is being considered. Work has also commenced on the development of a pilot scheme under which offenders may be offered earned earlier release in return for community service. In addition, I intend to give new guidelines to the Parole Board of Ireland for the application of a similar scheme to long-term prisoners and will make a further announcement on this in due course.

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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I welcome the fact that work has started on the procedures and rules relating to investigating deaths in custody. If the Minister has further information on that work I would appreciate his giving it to the House. For example, when can we expect those procedures and rules to be implemented?

One of Judge Reilly's recommendations was that prison governors would, by the end of June last, remedy simple matters such as broken windows, broken and leaking equipment and unpainted areas. Can I take it from the Minister's answer that these have been remedied?

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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It is my hope that they have been. I expect to get a full report shortly on the extent to which those aspects of the recommendations of the Inspector of Prisons and Places of Detention have been implemented. I am anxious to implement all of his recommendations. Judge Reilly has done an extraordinary job. He is a man of great insight and is now an invaluable part of what I describe as the oversight architecture of the Prison Service. I have a clear intent to do my level best to ensure we implement recommendations that come from him, put in place proper procedures and introduce an additional important element to investigations where complaints are made. When the draft prison rules have been finalised by the Attorney General, our intentions in that regard will be made clear to Members of the House.

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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I endorse the Minister's remarks about Judge Reilly. Has the Minister performed a similar exercise with the Prison Service, as is under way with the Garda Commissioner, with regard to impending retirements? What will be the likely impact of those retirements on the service or on the Minister's plans for it?

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The Department is engaged in an overall review of all aspects of the workings of the Department. The Prison Service is a separate service but is dependent on funding from the Department. It is not yet clear what the position will be with regard to retirements from the Prison Service or whether there will be a major difference this year from previous years. I expect to have a clear view in the coming weeks of where matters stand. It may not be fully clear until the end of November. The Deputy can be assured that any new arrangements that may need to be put in place arising out of retirements will be put in place and that we will ensure we have all necessary staff to guarantee the proper running of our prisons.