Dáil debates

Thursday, 25 May 2023

Ceisteanna Eile - Other Questions

Prison Service

9:20 am

Photo of Neasa HouriganNeasa Hourigan (Dublin Central, Green Party)
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6. To ask the Tánaiste and Minister for Justice and Equality the most current schedule of audits on the accessibility of prison facilities, upholding the principles of the UNCRPD; and if he will make a statement on the matter. [24627/23]

Photo of Neasa HouriganNeasa Hourigan (Dublin Central, Green Party)
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I ask the Minister the current schedule of audits on the accessibility of prison facilities, upholding the principles of the UNCRPD.

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
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I thank the Deputy for raising this important question. The Irish Prison Service recognises the importance of promoting and protecting the human rights and fundamental freedoms of people with disabilities committed to its care. I am strongly of the view that we need to continue to invest in our prison estate, to ensure that it is modern and fit for purpose and that it has the capacity to accommodate all of those committed to prison by the courts.

I can assure the Deputy that all work undertaken on the prison estate adheres to building regulations on accessibility, including building control amendment regulations and Part M of the building regulations.

As a result, all new prison developments include dedicated cellular accommodation for people with disability or mobility issues on ground floors, equipped to meet the needs of the user. This includes the recent work to modernise the Mountjoy complex and the replacement of outdated accommodation in Cork and Limerick. These projects represent huge improvements in prison facilities and adhere to all relevant regulations by ensuring accessibility for people regardless of their age or disability. I can also advise the Deputy that the Midlands and Wheatfield prisons and the Dóchas Centre also have accessible accommodation. In addition, the refurbishment of the training unit in Mountjoy included the instalment of two high-dependency suites should a prisoner require full nursing care.

Everyone committed to prison is interviewed by the governor and by the healthcare team to assess their individual needs. Where specific needs are not obvious, information can be volunteered with regard to a disability that may impact on their accommodation, support and rehabilitation requirements. I can assure the Deputy that while people are initially committed to specific prisons by the courts, every effort is made by the Prison Service to provide anyone who has a disability with the most appropriate accommodation suited to their individual and specific needs. I am aware that the Irish Penal Reform Trust, IPRT, made a recommendation in 2020 that the Prison Service undertake accessibility audits. While progressing this recommendation was delayed because of the pandemic, I am informed that it is now being considered by the Prison Service.

9:30 am

Photo of Neasa HouriganNeasa Hourigan (Dublin Central, Green Party)
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I welcome those comments. It would be very useful if we could get a timeline for that consideration and a schedule of when those audits will take place. As the Minister of State is well aware, people with disabilities are over-represented at all stages of the criminal justice system. He spoke about the accessibility of prison facilities in terms of capital investment but there is an overlap or grey area between a number of issues here. He rightly picked out the Irish Penal Reform Trust, which did a very good report in 2020 looking at this issue. It cited a lack of access to aids, things like white canes and technical aids, and a lack of access to plain language and guides. Some people do not have the wherewithal or ability to communicate that they might need extra provision. They cannot always tell those in authority that they need those aids. In one case, a person who is deaf had access to only one hour of sign language a week, which would obviously be in breach of our new ISL legislation from 2017. A number of those recommendations included a human-rights based disability assessment of existing infrastructure. That would be timely.

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
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I do not have a timeline for that consideration but know the director general of the Irish Prison Service, Caron McCaffrey, is quite a progressive director and will be taking this matter quite seriously. I agree with the Deputy. We have to ensure people with disabilities receive the services and supports they need in prison and get timely access to those types of supports. It is certainly something we in the Department of Justice will be paying close attention to. I have no doubt that now that Covid has passed and the Prison Service is in a position to give consideration to this matter, that consideration will be active and this will be determined by the Prison Service in that respect. In the meantime, as we expand our prison services, they will meet all the regulations in terms of supports and needs. That will be the case with the physical buildings but also, as the Deputy rightly points out, the services provided within the Prison Service.

Photo of Neasa HouriganNeasa Hourigan (Dublin Central, Green Party)
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If I could just expand a little, we know the prevalence of ASD might be four times higher in the prison population. We are also aware that we require extra capacity in the prison population in Ireland and there are a number of overcrowding issues. People with ASD have cognitive, sensory and social challenges that would be exacerbated by overcrowding. The Prison Service was before the Joint Committee on Disability Matters not too long ago and I was very impressed with its engagement on the issue but there is only so much it can do to provide services for that very high number of people who have ASD in the prison population when overcrowding is really the problem for those who are struggling with sensory issues. That is a major concern. I would just highlight the importance of peer-to-peer learning and supports and access to programmes that everybody else in the prison system might have. Yesterday Mr. Bernard Gloster was in front of the Joint Committee on Health and we came to the conclusion that CHO 9, which is where Mountjoy is, will probably be one of the last areas to roll out neurorehabilitation programmes. That would certainly be a priority for the prison population.

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
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Absolutely. There has been a history in our prison service of people with intellectual disabilities or other challenges not only not getting the supports they need but perhaps not even being diagnosed. I have visited most of the prisons in the country at this point. One of the most common undiagnosed issues is dyslexia, which results in people leaving school early and getting involved in crime, sending themselves on a pathway that might not otherwise have happened had they gotten that diagnosis as to why they were struggling in school at an early stage. It is something I am very much aware of. My sister has spina bifida and hydrocephalus and is in a wheelchair, so I am very aware of challenges for people with disabilities. It is something I, along with the Minister, Deputy Harris, will continue to work on with the Prison Service to improve those facilities and services.