Jonathan O'Brien (Cork North Central, Sinn Fein)
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Question 2: To ask the Minister for Justice and Equality if his attention has been drawn to the fact that on 21 November 2011 open prisons Loughan House, County Cavan and Shelton Abbey, County Wicklow, were both under capacity; the reason overcrowding persists in prisons such as Mountjoy, Dublin, due to the imprisonment of large numbers of persons for minor offences who could be placed in open prison arrangements, while open prisons are generally under-utilised; and if he will make a statement on the matter. [38142/11]

Alan Shatter (Dublin South, Fine Gael)
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As I advised the Deputy in my answer to a parliamentary question on 22 November, we currently have two open centres in the prison estate and on 21 November 2011 Loughan House had 110 prisoners, filling approximately 70% of the bed capacity of 160, while Shelton Abbey had 97 prisoners, filling nearly 90% of the bed capacity of 110. These figures do not include prisoners on temporary release that day; for example, six prisoners in Shelton Abbey were on weekend temporary release and were due back in custody later that day and 23 prisoners were on temporary release from Loughan House.

The average occupancy rates for Shelton Abbey for 2010 was 94% so it cannot be described as being under-utilised. The occupancy rates for Loughan House would normally be in the region of 80%, for example, yesterday it was 83%. Neither centre is a committal centre and, as open centres, they are only suitable for a limited category of prisoners, that is, low risk offenders serving short sentences or offenders nearing the end of longer sentences. There is limited use for each of these prisons. Many prisoners prefer to be in prisons close to their families and will simply abscond from open centres. Open centres are not appropriate to them.

While it is my policy to encourage the maximum use of open centres as appropriate, I recognise that they are not suitable for every prisoner and that their bed capacity only represents 6% of the total prison capacity. As such, further maximising their use does not have the potential to have any significant effect on the pressures in the rest of the prison system. However, open centres have a useful role to play and we need to make the most effective use of them.

It is simply not true to say that prison overcrowding is due to the imprisonment of large numbers of persons for minor offences who could be placed in open centres. An analysis of prisoner population and trends for the years 2005 to 2010 shows that the proportion of prisoners in custody on any one day serving sentences of less than 12 months has actually gone down over that period, from approximately 20% to 15%, while there has been a significant increase in the numbers serving sentences of three years or more. We anticipate that the new arrangements made in respect of community service orders will further reduce the numbers of prisoners serving short-term sentences of less than 12 months.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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One of the reasons I put down the question was because the figures we got from the parliamentary question were startling in terms of the bed capacity and the current population. Now that the Minister has clarified that it did not include those on temporary release I can understand the reason the figures were so low on that day.

As the Minister stated in his reply, open centres are the type of facility that foster training and education, help develop personal skills and help people make that transition. Under the new five year capital strategy for the Irish Prison Service which is being developed, there will be greater focus on step-down facilities and possibly the greater use of open centres. If the Minister has any information on that I would appreciate it.

The other reason I put down the question is that when representatives of the Prison Officers Association came before a recent meeting of the Sub-Committee on Penal Reform they outlined in their submission that overcrowding could be addressed in a number of ways, one of which was greater use of open prisons, but they also stated that even within the closed prison system there is great scope to address some of the overcrowding. The example given was Wheatfield Prison where there is a new prison block sitting idle. There is a row of offices which are not being used and for a small amount of capital funding they could be converted and made suitable for some low-risk prisoners.

Alan Shatter (Dublin South, Fine Gael)
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That particular construction was built for offices as opposed to prison spaces but I am aware of it and it is something we are looking into. As the Deputy may be aware, a review group is being established arising out of the Thornton Hall report to examine alternative ways of dealing with convicted offenders who do not pose a risk to the community and do an overall further review of non-custodial sentencing, and I expect that will be advanced in the new year. I hope shortly to announce the names of the individuals who will conduct the review.

Regarding Loughan House, one of the difficulties is its distance. A substantial number of prisoners are in Dublin or Cork and there is an issue of prison visits and access for family members of those convicted. Deputy Calleary is looking somewhat sceptical but that is an issue. Open prisons have an important role to play but, unfortunately, a substantial number of prisoners are not appropriate to be serving their time in such prisons.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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To be clear, will part of the remit of the new policy review group the Minister is establishing be to examine existing prison structures and the possibility of expanding within those confines even, for instance, in terms of Castlerea Prison where there is a good deal of open space? We could examine the possibility of doing something similar to what was done in the Six Counties where they put in temporary accommodation for low risk offenders. Will that be part of its remit?

Alan Shatter (Dublin South, Fine Gael)
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The Thornton Hall review committee group looked beyond simply the question of the construction of Thornton Hall and addressing the problems arising out of Kilworth, in Cork. It also examined some of the other means of dealing with prisoners but the review group will go beyond that and I hope shortly will be in a position to clarify its terms of reference. I am anxious we deal with this in an open and constructive way and when that group is formed in the new year I invite Deputy O'Brien and Deputy Calleary to consider making their own submissions to it because I want us to examine the most constructive way of dealing with convicted offenders in a manner that is to the benefit of the community, ensures that taxpayers do not incur unnecessary cost and tries to reduce the level of recidivism. I very much welcome the Deputy's contribution to that process.

Clare Daly (Dublin North, Socialist Party)
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Question 3: To ask the Minister for Justice and Equality if he will consider halting the prison building plans at Dóchas and instead divert resources to provision of community based residential and therapeutic alternatives to prison for women, which are proven to be cheaper, more effective and more capable of addressing the complex needs of women offenders; and if he will make a statement on the matter. [38141/11]

Alan Shatter (Dublin South, Fine Gael)
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On Tuesday, 29 November 2011, there were 127 prisoners in custody in the Dóchas Centre against a bed capacity of 105. Since it opened in 1999, it has consistently had the highest level of overcrowding in the Irish prison system. For that reason measures were taken to expand its capacity.

Work commenced in April 2011 on the conversion of an administrative building on the Dóchas Centre site into an accommodation block to provide an additional 70 spaces. The building work has now been completed and it is expected that the spaces will be fully operational in early 2012.

Women account for less than 4% of the prison population. A review of the figures for October 2011 show an average of 155 female prisoners in custody in the Dóchas Centre and Limerick Prison. Thirty-five of these women were on remand by the courts, a matter which falls wholly within the power of the Judiciary. A further 85 women were serving sentences of one year or more for offences including a number serving life sentences for murder.

It is my policy to maximise the non-custodial options for those found to have committed offences but only where a significant custodial sentence is not warranted. This applies equally to men and women. However, the remit of my Department is limited to offenders and we cannot duplicate or replace the supports that should be available to all in need of care.

The Probation of Offenders Act allows courts to discharge an offender subject to conditions rather than imposing a custodial sanction. Conditions in such orders might include a requirement to be subject to supervision by the Probation Service and to participate in an appropriate treatment or rehabilitation course. The Probation Service in co-operation with 48 community based organisations are currently spending in the region of €10 million providing services to adult offenders in the community some of which include residential courses. Temporary release also allows suitable prisoners to be released from prison subject to conditions to participate in appropriate programmes.

I should say that in line with the recommendations in the Report of the Thornton Hall Project Review Group, I am establishing a group to carry out a strategic review of penal policy which will include specifically the issue of female prisoners.

Clare Daly (Dublin North, Socialist Party)
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I thank the Minister for the reply. Overcrowding is a serious issue in all of the prisons and, as the Minister stated, especially in the Dóchas Centre but what has arisen out of this crisis is a shift in the ethos around which that facility was built, namely, the idea of a more open and rehabilitative process. A consequence of the overcrowding is that it has been replaced by a somewhat more punitive regime which is hugely detrimental. The Minister stated that over 85 of the women are serving sentences of one year or more but an analysis of the crimes that led them into that situation would reveal that most of them occurred as a consequence of drug use or abuse, poverty and so on. Unless we tackle those issues building more spaces is the wrong way around that problem. The idea of providing dormitory spaces for women prisoners, given the problems that have already arisen in the prison, is a recipe for disaster. I note the Minister has said the building is built but is there any way we could alter that to have more single unit provisions because it will be a nightmare for the women and the staff?

Alan Shatter (Dublin South, Fine Gael)
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All I can say to the Deputy is that I inherited the legacy of a prison that was inadequate in the context of the space provision available for women prisoners. Very early action was taken to provide additional space, and that additional space should relieve the overcrowding and address what is the current difficulty in a manner that is manageable within the funding available to me. The works started in April. We expect those facilities will be in full use by early 2012. It would have been impossible to have done anything quicker than that, and to have constructed a larger facility would not have been possible because of the absence of funding. This is a measure designed to relieve the difficulties created by overcrowding, and I have confidence that the governor of the prison will ensure that those spaces are adequately allocated and utilised. I agree with the Deputy that we need to take a large number of other measures with regard to adults - both men and women - who are imprisoned but it must be remembered that people are in prison for committing serious offences. There are many people who come from difficult social backgrounds who do not engage in offending and assaults, who do not burglarise or commit theft, and to take it to its extreme, who do not murder people. Prison has a role to play, but it is important we take a balanced and considered approach. I am looking forward to the work that will be done by this new review group to see what other options we can also deploy in addition to the current non-custodial options that are being deployed.

Clare Daly (Dublin North, Socialist Party)
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Are the extra 70 dormitory spaces replacing the bunking up situation in the single cells? A previous governor resigned over the totally inadequate nature of that provision. Will that be discontinued as a result of these spaces?

Has the Minister obtained any information on how many current prisoners are reoffenders? In my experience, many of the same people come back again. If moneys were invested while they were in there to deal with some of the other problems, this would lessen the risk of reoffending and provide a considerable benefit.

Alan Shatter (Dublin South, Fine Gael)
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We all agree that the maximum possible needs to be done to ensure that those who are in prison for committing offences do not reoffend. There will always be a significant segment of individuals who, no matter what services are available in the prison system, will still reoffend. That is the lesson in every country in the world, no matter what type of sentencing regime they have. However, the objective of prison must be to ensure that facilities are available to reduce the level of reoffending.

The opening of these facilities should reduce the level of overcrowding within the Dóchas centre and I hope it will ameliorate the necessity for additional prisoners to be held in a prison cell which may have been originally designed for one individual.