Jonathan O'Brien (Cork North Central, Sinn Fein)
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Question 455: To ask the Minister for Justice and Equality his plans to end the practice of placing mentally ill individuals in prison; his further plans to extend the court mental health liaison programme to operate across the State; and if he will make a statement on the matter. [35697/11]

Alan Shatter (Dublin South, Fine Gael)
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There is no basis for placing mentally ill individuals in prison because of their mental illness. However it is not sustainable to say that any person with a mental illness, no matter how mild, should be immune from imprisonment. There is a strong argument that persons with severe mental illnesses who are involved in minor offences should be diverted away from the criminal justice system and measures have been taken to promote such an approach.

However if a serious crime such as a homicide is involved, the issue has to be addressed by the criminal justice system and the Criminal Law (Insanity) Act 2006 provides that persons found not guilty by reason of insanity cannot be imprisoned but may be committed for the purpose of in-patient care or treatment. Furthermore we also have prisoners properly convicted and imprisoned for serious offences who may develop mental illness after their imprisonment. Depending on the nature and severity of that illness the question has to be determined, as with any illness, whether it can be appropriately treated in a prison environment or whether a transfer to a designated centre is required.

An interdepartmental group is being designated to examine the issue of people with mental illness coming into the criminal justice system and this is in line with the recommendations of the Thornton Hall Review Group which were approved by Government last July. My officials are consulting with the Department of Health on the arrangements involved including the terms of reference and an announcement will be made shortly.

As to the present measures, the diversion system ensures as far as possible that those people presenting before the courts, or indeed at an earlier stage of the criminal justice system, where the infraction is a reflection of an underlying mental illness, are referred and treated appropriately. The Health Service Executive have advised the Irish Prison Service that the Prison In-Reach and Court Liaison Service (PICLS) in Cloverhill will guide appropriate individuals on remand in other prisons towards their local Community Mental Health Team.

The existing Prison In-reach and Court Liaison Service (PICLS) in Cloverhill successfully diverts circa 110 prisoners annually to appropriate psychiatric facilities in the community. Statistically 80% of prisoners diverted are already known to Community Mental Health Teams.