Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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7. To ask the Minister for Justice and Equality if he plans to implement the five recommendations contained within the Joint Committee on Justice, Defence and Equality’s report on penal reform. [5333/14]

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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We had some engagement on this already, but I would like to say that our committee worked very hard over quite a period of time putting together our penal reform report, and we have five key recommendations, including the reduction of prison numbers by one third through decarceration over the next ten years, by examining the Fines Bill and by not imprisoning people for minor offences. The Minister knows the five recommendations, so what can he do to implement them?

Alan Shatter (Dublin South, Fine Gael)
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I would like to thank the joint committee for their hard work on this matter and for their report which was published last March, which we touched upon recently in a meeting of the select justice committee. In summary, the joint committee report recommended that prison numbers be reduced; that prison sentences of less than six months be commuted; that standard remission be increased from one quarter to one third and an incentivised remission scheme introduced of up to one half; that legislation be introduced providing for structured release, temporary release, parole and community return; and that prison conditions and overcrowding be addressed and the use of open prisons be increased.

We are in fact travelling a route on which some of the report recommendations have already been implemented. For example, legislation has been passed to encourage the Judiciary to make community service orders more frequently. The 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.

With regard to the issue of overcrowding, as outlined in the Irish Prison Service three year strategic plan for 2012 to 2015, it is intended to align the capacity of our prisons with the guidelines laid down by the Inspector of Prisons during the lifetime of the strategy, in so far as this is compatible with public safety and the integrity of the criminal justice system. Priority has been given to reducing the chronic overcrowding in Mountjoy, Cork and Limerick Prisons and the Dóchas Centre. There has been a significant improvement in the situation in Mountjoy and good progress has also been made at other prisons.

Construction of a new prison in Cork on the site of the current car park and adjacent greenfield site, commenced in January 2014. This new prison will have a capacity of 275 and will replace the existing outdated prison with modern cellular accommodation containing in-cell sanitation and showering facilities supported by a full range of ancillary services. A new accommodation block in the Midlands Prison was opened in December 2012. In addition, the opening of a new 20-space accommodation block, which was formerly used as an administration building, has helped alleviate the overcrowding being experienced in the Dóchas Centre.

The construction of a new wing at Limerick Prison, to replace the outdated accommodation in the existing A and B wings, forms part of the Irish Prison Service 40-month capital plan. The first phase of this development will include the construction of a new 100-cell accommodation block for male prisoners, while the second phase will include the construction of a new 50-cell accommodation block for female prisoners and a range of ancillary works. Enabling works for the project are already well advanced and the tender process for the first phase is under way. The refurbishment project in Mountjoy and the construction of the new prison in Cork reflect the Government’s determination to deliver on the commitment in the Programme for Government to modernise the prison estate and eliminate slopping out.

Major changes have also been made over the past three years with regard to structured release, temporary release and community returns. In terms of the sub-committee's report and the issues not yet addressed, in September 2012 I announced an all-encompassing strategic review of penal policy. A working group was established to carry out this review and to make recommendations on how a principled and sustainable penal system might be further enhanced, taking into account resource implications, constitutional imperatives and international obligations. In that context, the review group was asked to undertake an examination and analysis of all aspects of penal policy, including the role of penal policy in crime prevention, sentencing policy, alternatives to custody, prison accommodation and regimes, supports for reintegration and rehabilitation, and the issue of female offenders. The review group has also been asked to consider the joint committee's recommendations on penal reform.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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I am sure the Minister read the reports in the Irish Examiner about Cork Prison around the Christmas period, which referred to the frustration of the governor that judges continue to send prisoners to the jail for non-payment of fines, which is farcical because sometimes people are released on the same day, or stay overnight or for a few days, which causes real problems.

Committee members visited Cork Prison as part of the preparation for the report on penal reform and we saw for ourselves the situation there. We welcome the new prison development that is long overdue. How will the Minister specifically implement the five recommendations over the lifetime of the Government? It is rare that one would have a proposal that would make society better, yet would cost less money in the long term. We would save money if we could reduce the level of incarceration in prisons by one third over ten years, introduce community service, a far more sensible way of dealing with minor offences, and have resources to help people and prevent recidivism. It would be remarkable to have a proposal to save taxpayers’ money in the medium term and it would be better for society. I wish to know how the Minister will implement the five proposals.

Alan Shatter (Dublin South, Fine Gael)
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First, as I indicated to the Deputy, we are already along the road towards implementing a series of the proposals. As he knows, one of my objectives and hopes during the lifetime of the Government is that we would also put the parole board on a statutory footing. That is another important measure I hope we will have the opportunity to address, but because of the legislative programme I know it will not happen in 2014. I want to have visibility as we move into the autumn as to the timeframe for doing this.

I very much welcome the report of the Oireachtas Joint Committee on Justice, Defence and Equality. It is examining issues and travelling routes that have informed part of the strategic plan. On changing the rules for remission and when people might be released, I am deliberately waiting for the report of the review group which is not just composed of departmental officials but of others such as representatives of the Irish Penal Reform Trust. We have effected reforms in the Irish Prison Service, with the objectives the Deputy outlined – to reduce offending, assist prisoners when they are released to obtain employment and protect the public. To date, we have achieved more reforms in three years than occurred in the previous 30 years. It is my intention to continue along these lines. The head of the Irish Prison Service is excellent and provides huge support. The connectivity between the Irish Prison Service and the Probation Service on the joint strategic plan is unique. It has not occurred before and is substantially in the public interest. There is great advantage in having joined-up thinking in these areas and the level of connectivity now achieved.