Denis O'Donovan (Fianna Fail) | Oireachtas source

I welcome the Minister of State. Whereas I have some reservations about this project, I broadly welcome it. I would be disappointed, however, if there were to be an attempt to deal with all Stages tonight.

I would like the Minister for Justice and Equality to outline to the House, on Committee or Report Stage, the position on the long-awaited report on the death of Gary Douch who was murdered in a cell in Mountjoy Prison in 2006. The reason I raise this issue is that an inquiry was set up and a senior counsel, a barrister, appointed to produce a report on the atrocious murder. Mr. Douch was, apparently, in a cell with a mentally unstable cellmate who killed him. It is worrying that after seven years the report has not been published. If this is an example of how we deal with deaths in prison and overcrowding, it is a sad reflection on us.

I received an email from Mr. Eoin Carroll of the Jesuit Centre, which has deep concerns. The Minister of State has addressed some of them. Paragraph 2 of the centre's release states:

Responding to a speech yesterday by the Minister for Justice, Alan Shatter TD, when he addressed the Joint Oireachtas Committee on Justice, Defence and Equality, the Jesuit Centre challenges the Minister's claim that the new prison would provide 'adequate and suitable accommodation for all prisoners'. The Centre points out that a failure to provide single cell accommodation in the new prison will be in direct breach of Article 18.5 of the European Prison Rules, drawn up by the Council of Europe of which Ireland is a founder member State.

I understand the Inspector of Prisons has deep reservations because it is not on, when planning a new prison, that we do not try to achieve the ultimate goal of having single cells, single sanitary accommodation and showers, etc.

The release continues:

Eoin Carroll, Advocacy Officer in the Jesuit Centre, said: "A plan for a new prison which has double occupancy as the norm cannot possibly be considered to be in accordance with international best practice. Article 18.5 of the European Prison Rules is explicit: 'Prisoners shall normally be accommodated during the night in individual cells except where it is preferable for them to share sleeping accommodation'."

Carroll went on to say: "The Minister, rightly, highlights the fact that the provision of a new building will result in the elimination of slopping-out in Cork Prison [which I welcome]. The Centre welcomes the fact that the new prison will have in-cell sanitation and shower facilities. However, unless these facilities are fully walled off from the living area of the cell - and this is not the case in some of the other prisons in Ireland where there is in-cell sanitation - double occupancy of cells will mean that people detained in the new prison in Cork will still not have the basic right of privacy in using toilet and washing facilities."

I share this concern. The Minister of State kindly referred to the concerns of Fr. Peter McVerry, SJ, of the Jesuit Centre. He stated:

Cell sharing should not be the norm in prison. In many cases, it results in increased intimidation and violence, and leads to non-drug users being introduced to drug use. But even without such extreme consequences, enforced sharing can represent a very cramped and oppressive living environment, especially in light of the fact that in Ireland out-of-cell time is, at best, only six or seven hours a day.

The release also states:

Fr McVerry, who regularly visits prisons in the Dublin area, went on to say: "A central feature of the current renovation programme in Mountjoy Prison is the provision of single occupancy cells. In the sections of Mountjoy where refurbishment has now been completed, there has been a huge improvement in the environment, with dramatic reductions in the levels of intimidation and violence. [I laud this very welcome development.] I believe this is in no small part due to implementation of a policy of single occupancy."

Fr McVerry added: "It is difficult to understand how the Minister and the Irish Prison Service can ensure that the Mountjoy Prison redevelopment project adheres to the principle of one person, one cell, yet at the same time fail to abide by this key principle in the planning of a brand new prison in Cork."

This is a source of great concern. Eoin Carroll stated:

The Jesuit Centre for Faith and Justice urges members of the Dáil and Seanad not to acquiesce to the Minister's clear desire to rush through the Houses a forthcoming resolution which would, in effect, give the go-ahead for the project but instead to demand time for a full debate on the resolution.

I will be demanding a full debate tonight. It is critical that we have one. As stated correctly by the Minister of State, Cork Prison dates from the 19th century. It is antiquated and one that, unfortunately, I had to visit on a number of occasions as a legal practitioner. I am glad that we are moving in the right direction. In building the new prison, which I broadly welcome, we should go the extra mile to ensure all prisoners, particularly those serving terms of five years or more, are treated appropriately. I am a strong supporter of the view that any prison sentence should be a matter of last resort in so far as that is possible. The courts and justice system are trying to ensure offenders, particularly young offenders, are dealt with, first, by a yellow card or slap on the wrist. Sending young people to prison has a knock-on effect in that there is a tendency to reoffend.

The justice system has an obligation to cater for rehabilitation, retraining and work programmes in prison. Although this is achieved to some extent, it is not achieved as fully as it could be. There are considerable possibilities. I raised in this and the other House my deep concern about this matter. Perhaps it has been addressed slightly. Many years ago I spoke to the only counsellor attached to Cork Prison. I believe he was a psychotherapist. He did wonderful work, but he was but one man visiting the prison perhaps one day per week to try to clear guys heads, including those suffering from depression and a mental illness. Not enough of this work is being done.

I am not sure whether the Minister, Deputy Alan Shatter, has rowed back on his thinking on getting rid of the religious advisers or chaplains in prisons. They have done wonderful work. I am not talking about whether they should be Catholic, Church of Ireland or any other religion. Any person, be they a psychotherapist, counsellor or chaplain, who gives advice to people in prison and tries to ease their minds, listen to their stories, calm them and counsel them should be welcomed. In this regard, I hope the Minister and the Acting Leader will consent to our not proceeding beyond Second Stage tonight. We are to sit next week. While I do not intend to call a vote on Second Stage, I might table amendments to clarify certain views that I hold.