Niall Collins (Limerick, Fianna Fail)
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I thank the Ceann Comhairle for selecting this issue, which is very topical given the publication yesterday in the public domain of the prison inspector's report and the facts that there is to be a referendum on children's rights, that we are to amend adoption legislation and that we are waiting to process the Children First legislation. I join the Minister in complimenting the Inspector of Prisons and Places of Detention, Judge Michael Reilly, on his work on the report. It is fair to say he went about that work in a dedicated and fearless manner, turning up unannounced continually to get to the bottom of many of the matters referred to in the report. It is noteworthy that he spoke not only to prisoners and prison officers, but also to service providers and management. He informed himself quite widely on the issues outlined.

We all agree the report is fairly damning. It outlines some very serious issues and their consequences. It is noteworthy that what is contained in the report is at complete variance with the mission statement of the Irish Prison Service, which was to provide safe, secure and humane custody for people who are sent to prison. The mission statement of the Irish Prison Service has now been amended to include the dignity of care for the people entrusted to the service.

For the sake of completeness, let me quote some brief extracts from the report. The inspector states:

[T]he detention of children in St. Patricks should end as a matter of urgency. It is my view that the timeline for ending the detention of children (May 2014) should be revisited.

We all agree this is not a political issue. It concerns the management of the Prison Service as well as the staff members who perpetrated these acts.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call Deputy Ó Ríordáin.

Niall Collins (Limerick, Fianna Fail)
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I wish to ask a question. What is the status of the investigation to which the Minister referred in his public comments in recent days? Is the Garda Síochána involved in that investigation?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy has gone way over time.

Niall Collins (Limerick, Fianna Fail)
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Have the complaints mentioned by the inspector in his report been referred to the Garda? Does the current management-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I must ask the Deputy to resume his seat, please.

Niall Collins (Limerick, Fianna Fail)
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-----have the capacity to deal with the issues raised in the report?

Aodhán Ó Ríordáin (Dublin North Central, Labour)
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I thank the Ceann Comhairle for allowing me the opportunity to contribute. When I was elected to the House, I realised that positive announcements would be few and far between during our time in government. However, when the Minister announced last April that the practice of incarcerating children in St. Patrick's Institution was to end, I was proud of what we were achieving and I believed we were moving towards a new republic.

I visited the unit and met its residents and staff, but the report's findings are disgusting. Although Judge Michael Reilly is to be commended, why were the concerns of the Ombudsman for Children, Ms Emily Logan, regarding St. Patrick's Institution not heeded? Judge Reilly's report states:

I met a child on B Wing who was on 23 hour lock up. This child was quite fragile. He explained to me that he was now talking to himself.

By what date exactly will the practice of incarcerating children in St. Patrick's Institution come to an end? How will those who oversaw the maltreatment of children there be held to account for their actions?

Alan Shatter (Dublin South, Fine Gael)
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I will commence by thanking Deputies Niall Collins and Ó Ríordáin for raising this important matter and for the opportunity to speak on the issues arising from the Inspector of Prisons and Places of Detention's report on St. Patrick's Institution, which I published yesterday.

I would like to begin by thanking the inspector, Judge Michael Reilly, for his report. He has a tremendous record of providing independent oversight of our prison system and brings a forensic eye, persistence and dedication to the process, for which the Government and I are very grateful. With regard to St. Patrick's Institution, as he remarks in his report, he made a number of unannounced visits on a variety of occasions to facilitate his getting the best insight possible into the running of the institution. His reports, however critical they may be, make a real difference and I can assure the House no stone will be left unturned in addressing the issues raised in this particular report.

I also want to say that I greatly valued the report prepared by the Ombudsman for Children, Ms Logan, last year following her discussions with young people detained in St. Patrick's Institution. Her work is much appreciated and she can be assured of my full support, as evidenced by the decision to extend her remit to St. Patrick's Institution.

As I said yesterday, neither I nor the Government will tolerate the type of abuse outlined by the inspector in his report. It is unacceptable in any civilised society. This must change and it will change. Let there be no doubt about that.

The report raises serious issues and major concerns, including weak management, the behaviour of some prison staff, the culture in the prison, the inattention to human rights norms, prisoners on protection and the prevalence of drugs. The inspector concluded that there was a culture in St. Patrick's Institution that resulted in the human rights of some prisoners - children and young adults - being either ignored or violated. However, from the outset I would assure the Deputies that concrete measures have been taken to address the recommendations made by the inspector, with over 80% of the recommendations being implemented to date.

This report is shocking, and I am grateful to the inspector for bringing these matters to light. For many years I personally had concerns about St. Patrick's Institution and believed it was an inappropriate facility for children. I was instrumental in ensuring the Government was committed to change in the programme for Government, which included a specific commitment in that regard: "We will end the practice of sending children to St. Patrick's Institution."

Simply put, the Government will not tolerate this type of abuse. It is completely unacceptable. I visited St. Patrick's Institution on 22 March 2011, within two weeks of my appointment. Indeed, it was a private visit with no media in attendance. Unfortunately, on a ministerial visit the difficulties observed and detailed by Judge Reilly were not readily apparent. The value of his unannounced visits and inspections cannot be overestimated. I met the Inspector of Prisons and Places of Detention in early May last, as he had asked to discuss the situation in St. Patrick's Institution with me, and there has been regular contact with him since then. It is also important not to lose sight of the fact that the inspector acknowledges in his report that the majority of staff in St. Patrick's Institution carry out their duties in a professional manner and the problem lies with a very small minority of staff.

Having had this engagement with the inspector, both the director general of the Irish Prison Service and I were in a position to ensure action was taken immediately. An action plan addressing all the inspector's recommendations was put into place without delay. This included the appointment of a new senior management team, which has been tasked with providing clear and decisive leadership to the staff in order that the problems outlined by the inspector are dealt with quickly and effectively. This team, led by the new governor, is liaising closely with the director general of the Irish Prison Service and the Inspector of Prisons and Places of Detention to ensure each and every one of the inspector's recommendations is implemented.

Indeed, in this context, the Irish Prison Service has also undertaken to ensure enhanced prison health care procedures are put in place and records are maintained on the removal and relocation of prisoners. A new dedicated committal unit is in operation and a new vulnerable persons unit is being established. Additional security arrangements have been introduced to minimise drugs and contraband entering the prison. Educational facilities will be improved along with the provision of an incentivised regimes programme and an improvement in physical conditions and facilities generally. The type of control and restraint mechanism of some prison officers as detailed by the inspector in his report has been brought to an end.

One of the Government's priorities in the programme for Government was to remove 16 and 17 year old offenders completely from the adult prison system. In this context, the practice of sending 16 year old boys to St. Patrick's Institution ceased on 1 May 2012. From that date, all newly remanded or sentenced 16 year olds have been detained in the children detention facilities in Oberstown. There are no 16 year old prisoners today in St. Patrick's Institution.

The Government has also sanctioned the provision of the necessary funding for a new detention facility at Oberstown. This is due for completion in mid-2014. These matters were all dealt with by me in co-operation with my colleague, the Minister for Children and Youth Affairs, Ms Frances Fitzgerald. In the interim, the Minister has agreed to examine the feasibility of accommodating some categories of 17 year old boys in Oberstown on a phased basis earlier than mid-2014, if possible. Arrangements are being made for a number of care staff from the children detention schools to work on placement in St. Patrick's Institution alongside prison staff. It is intended that this will take place within the next two months. In addition, the remit of the Ombudsman for Children was extended on 1 July 2012 to include St. Patrick's Institution, something she has sought for a number of years and a request with which previous Governments failed to agree or implement.

Very soon after I took office as the Minster for Justice and Equality, I initiated a consultation process with the Inspector of Prisons and Places of Detention regarding the introduction of a new complaints procedure for the prison system. This process has been completed recently with the appointment of a panel of 22 external investigators, and the new complaints system will go live on 1 November next. I have instructed the director general of the Prison Service to direct the new investigators to commence an examination of previous complaints in St. Patrick's Institution, such as those referred to by the inspector in his report.

I am conscious and only too well aware that a series of reports going back many years were produced on St. Patrick's Institution, in particular on the need to remove 16 and 17 year olds from there. These reports were not acted upon by previous Ministers for Justice or Governments. I will not be going the same route. This report will not be and has not been ignored. The Irish Prison Service and I, in consultation with the inspector, the Minister for Children and Youth Affairs and the Irish Youth Justice Service, have acted with great speed to address the issues raised in this report. It is my objective to bring to an end as rapidly as possible the situation of accommodating 17 year olds in St. Patrick's Institution.

Niall Collins (Limerick, Fianna Fail)
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I thank the Minister and agree with all of his comments. What is the exact timeline for closing St. Patrick's Institution? His reply did not include that information. I asked about the investigation under the stewardship of the director general, which the Minister also referred to in his reply.

Will there be outside input into that investigation from An Garda Síochána?

Judge Michael Reilly indicated in his report that the visiting committees appeared to be carrying out their function under the 1925 Act, which is a little vague. Is there a deficiency in the role or remit of the visiting committee? Why did it not pick up what the Inspector of Prisons did through his dedicated work? There is a value for money report from 2009 in the Minister's Department dealing with community service and probation. The argument is that the capacity could be increased threefold, so rather than having a policy of detaining those aged 16 and 17, we should consider seriously the rehabilitation of these people through more community service. The extra capacity has been outlined in that report.

Aodhán Ó Ríordáin (Dublin North Central, Labour)
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I thank the Minister for his response. I agree that this issue is down to a minority of staff but how can we expect any child to be rehabilitated when the behaviour outlined in this report is ongoing? The individuals who were victims of this malpractice will have no faith in the justice system at any time in future until the people responsible for these actions are seen to be held accountable. Will the Minister expand on the issue? Will the Minister provide an assurance on direct provision centres, which are also causing much concern for those with child welfare on their minds? Will they be subject to the same type of investigation as is evident in this case?

Alan Shatter (Dublin South, Fine Gael)
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As far as I am concerned, this sort of behaviour is not and will not in future be ongoing. A new managerial team has been put in place in St. Patrick's Institution, and there is an important remit to ensure there is no repetition of any nature of any of the events depicted in this report. I have the assurance of the oversight of the inspector, Judge Reilly, who has done a fantastic job. He has indicated that he will make further reports to me when required and will continue to visit St. Patrick's Institution. It is my hope that the new management team will be effective in ensuring we do not see these types of events again. Some 60% of staff have been retrained and specific training has been provided for those at a management level. The remaining 40% will complete retraining in November. The old culture represented the borstals in Ireland but because of the immediate action we have taken and will take, it will be ended for all time. That is of the greatest importance.

I am conscious that I have not responded to some of the questions raised by Deputy Collins because of time limits. From the entire population of 200 in St. Patrick's Institution, there are 25 youths aged 17. With the construction of the new facility in Oberstown, it is envisaged that we will end the practice of having 17 year olds in St. Patrick's Institution. In or around the time this occurs, the intention is to effectively end using this facility for 18 year olds and 21 year olds. There will be better available facilities on completion of the extension to the Midlands Prison, with particularly good educational facilities there. There will also be good educational facilities in Wheatfield Prison. Ultimately, they will be the primary locations for that age group in the prison system, which is currently within St. Patrick's Institution. We are considering alternative uses for the institution.

I agree entirely with Deputy Collins with regard to community service. I have been encouraging the use of community service as an alternative where it is appropriate. We must be realistic with some of the people in St. Patrick's Institution. Tragically, some of the young people are very violent, and one of the great difficulties in the prison is that some of those sentenced and serving time in the prison are members of gangs. Prison officers, who have been working well, have a very difficult job in ensuring there is no violence within the prison, and some prisoners must have protection because they are under threat from other prisoners. It is not an easy environment and we should not pretend that it is.

There are difficulties in dealing with some young people and, as Judge Reilly notes, some are damaged young people. The fact that they are damaged does not mean the violence of which they are capable is not recognised. Some of them are in prison as a consequence of very violent crimes.

With regard to accountability for those who have misbehaved, I must be careful as Minister to say nothing that may prejudice any steps being taken. I have already referred to the fact that the new people appointed to provide an independent team addressing complaints or alleged misconduct, who will be in place from 1 November, will have a remit to examine complaints made to ensure they are properly investigated. I am advised that some officers within the institution are under investigation and I hope Deputies will forgive me if I say no more than that. I must not prejudice any possible outcomes, either in the disciplinary context within the Prison Service or in any other context.

I am not aware of any current Garda investigation into any of these matters. I do not wish to mislead Deputies in that context. If a complaint was made to An Garda Síochána, I am sure it will be investigated. Currently, it is a matter for a prison disciplinary process and the particular focus is to ensure a changed culture, a different environment and to see that people's human rights and dignity are properly respected.

There is a final matter.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We are seven minutes over time.

Alan Shatter (Dublin South, Fine Gael)
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Judge Reilly indicated that as part of the disciplinary processes, young people aged 17 were being denied family visits. A stop was put to that practice on 1 May last, as soon as we learned that was a difficulty. No matter what disciplinary issues are evident, when children are in prison, it is important - no matter the background - that some contact is maintained with family members. That practice is no longer a part of the disciplinary process.