Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 91: To ask the Minister for Justice, Equality and Law Reform if he will make a commitment that there will be no further delay in delivering the upgrade that is needed in relation to the inhumane and overcrowded aspects of the existing prison stock here in view of the collapse of his plans for a super prison at Thornton Hall; and the legislative and policy steps he will take to remove non-violent offenders from the prison system in a more cost effective effort to address over crowding. [21500/09]

Dermot Ahern (Louth, Fianna Fail)
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As I set out already to this House it is my intention to bring comprehensive new proposals for a prison development at Thornton Hall in North County Dublin to the Government in a matter of weeks setting out how we can proceed with building a new prison on the site in a cost effective manner. There are a number of procedural steps set out in the Department of Finance guidelines for procuring capital projects as well EU Directives relating to public tender competitions which must be followed. However, I can say that everything possible is being done to expedite matters so that the much needed prison accommodation will be provided at the earliest possible opportunity.

This Government has a real and substantial record on investment in prison accommodation. The Irish Prison Service has been engaged in an extensive programme of investment in prisons infrastructure. This has involved both the modernisation of the existing estate and the provision of extra prison spaces. Since 1997 in excess of 1,300 prison spaces have come on stream in the prison system. These include the new prisons in Castlerea, the Midlands, Cloverhill, the Dóchas Centre and new accommodation in Limerick Prison.

Notwithstanding this significant investment, I do accept that, in some of our prisons, we are operating in excess of our bed capacity at this time. That is why in the short to medium term we are seeking to address the problem by the provision of 400 prison spaces by means of:

• a new remand block in Castlerea Prison which will accommodate approximately 100 prisoners due to open in the coming weeks;

• a new block in Portlaoise Prison which will accommodate approximately 150 prisoners also due to open in the coming weeks;

• a new block in Wheatfield Prison which will accommodate 150 prisoners due to be completed in the Summer of 2009.

Most recently over 30 extra spaces have been made available at the open centre at Shelton Abbey and a further 40 spaces have been made available at the open centre at Loughan House.

In addition, the prison service is currently developing proposals aimed at eliminating and replacing the remaining outdated prison facilities at Portlaoise, Limerick and Cork Prisons with modern fully equipped accommodation. Insofar as Mountjoy Prison is concerned, it is intended as already stated, to proceed with a prison development at Thornton Hall which will replace the Victorian conditions which currently exist in the Mountjoy complex.

In relation to alternatives to imprisonment the Fines Bill 2009 provides that where a fine is imposed on a person, that person may apply to the court to pay the fine by instalments. If the court is satisfied that to pay in full by the due date would result in undue financial hardship for the person who was fined, or to his or her dependants, the court can direct that the fine be paid by instalments over a period of one year or two years where the court so directs. The number of persons imprisoned for non-payment of fines and civil debts constitute an extremely small part of the prisoner population and on average amount to less than 1% in each category of the prisoner population.

The Criminal Justice (Community Service) Act 1983, provides that a court may make a community service order as an alternative to a sentence of imprisonment or detention in respect of any individual over the age of 16 years who has been convicted of a criminal offence and who consents to the order being made. The community service order requires an offender to perform unpaid work for between 40 and 240 hours, usually to be completed within 12 months. The aim of a community service order is to rehabilitate the offender and make meaningful reparation to the community for his or her crime. The Probation Service of my Department has responsibility for the supervision and management of community service orders.

The Programme for Government provides for a Community Pay Back Scheme which will build on the community service scheme, currently the subject of a Value for Money and Policy Review by an independent evaluator. The review which is nearing completion, will influence how best to progress this aspect of the Programme for Government currently under examination by my Department.

As the Deputy will be aware the Criminal Justice Act, 2006 Act allows the court to suspend any portion of a sentence or the full sentence, on condition that the offender complies with Probation supervision and any other specific conditions which are intended to reduce the likelihood of re-offending. The courts frequently seek pre-sentence assessment reports from the Probation Service to inform them on the appropriateness of such supervision orders and the conditions that might most usefully be attached to supervision.

The National Commission on Restorative Justice chaired by Judge Mary Martin is finalising its report to me on RJ. I will give careful consideration to its conclusions and recommendations. Already my Department through the Probation Service provides funding to two RJ Pilot Projects in Tallaght and Nenagh.

I should also add that a project board has been set up to look at the feasibility of introducing Electronic Monitoring (EM) in this jurisdiction. I expect to have their proposal in the latter half of the year. Overall I am satisfied that this range of initiatives and plans will assist in the twin aim of managing the offender population and dealing with public safety concerns.