Pa Daly (Kerry, Sinn Fein)
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84. To ask the Tánaiste and Minister for Justice and Equality his plans in the area of sentencing reform and incarceration rates; and if he will make a statement on the matter. [18408/23]

Simon Harris (Wicklow, Fine Gael)
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My Department is progressing a range of policy options to ensure that the courts have a suitably wide range of appropriate options for dealing with people who have committed minor offences.

The Programme for Government contains a broad range of policies and proposals that represent a coherent approach to enhancing and sustaining a more just and safe society, with a specific commitment to review policy options for prison and penal reform. In respect of delivering on this commitment, the Government approved the Review of Policy Options for Prison and Penal Reform 2022-2024 in August 2022.

This review seeks to find the balance between ensuring that people who commit serious crimes receive a punishment and a period of incarceration proportionate to that crime, while at the same time acknowledging that in many instances, community-based sanctions are more appropriate in diverting offenders away from future criminal activity and that they have a role to play in addressing criminality, reducing reoffending and providing protection to the public, while holding the individual accountable.

In this regard, the Deputy will also be aware that my Department has commenced a policy review of the Criminal Justice (Community Sanctions) Bill 2014. As part of this policy review, due consideration is being given to facilitating the effective and efficient use of community sanctions by the courts, and to ensuring the courts have a range of appropriate options for dealing with people who have committed minor offences. Consideration of this matter is ongoing.

That said, I am sure that the Deputy appreciates that sentencing is a matter solely within the discretion of the trial judge, having regard to the circumstances of the case and of the accused and subject to any limits as may be prescribed by law for a particular offence. The role of the Oireachtas is to set the appropriate maximum sentence for a particular offence. There are also a number of presumptive minimum sentences established in law, and these are currently subject to a review which is required under the Judicial Council Act 2019.

The intention of the Review of Policy Options for Prison and Penal Reform is to strengthen the options available to judges when they are considering cases, to facilitate the effective and efficient use of community sanctions by the courts, and to ensure that the courts have a wide range of appropriate options for dealing with those who have committed minor offences and who might otherwise receive a sentence of 12 months or less.

The Deputy will also be aware that the relationship between substance misuse and offending behaviour is well understood and that a history of substance misuse is a strong predictor for reoffending.

In this regard, the final report and recommendations of the High Level Task Force to consider the mental health and addiction challenges of those who come into contact with the criminal justice sector was published by Minister McEntee and the Minister for Health in September 2022.

The recommendations made by the Task Force aim to ensure better support for people at the earliest point at which they come into contact with the criminal justice system. They seek to divert people away from the criminal justice system where possible, while supporting them in their rehabilitation from addiction and in the recovery and management of their illness. Further, when justice requires that a prison sentence be imposed on an individual, the recommendations of the Task Force seek to address the question of better rehabilitative support while in custody and to put in place the right structures to ensure the progress made in prison is not lost after release.

Ivana Bacik (Dublin Bay South, Labour)
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85. To ask the Tánaiste and Minister for Justice and Equality the number of slop-out cases and in-cell sanitation cases taken by prisoners and former prisoners. [18420/23]

Ivana Bacik (Dublin Bay South, Labour)
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86. To ask the Tánaiste and Minister for Justice and Equality the number of slop out cases and in cell sanitation cases taken by prisoners and former prisoners where they were legally represented. [18421/23]

Simon Harris (Wicklow, Fine Gael)
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I propose to take Questions Nos. 85 and 86 together.

I have sought the information requested by the Deputy from the Irish Prison Service, however, the information was not available in time. I will write to the Deputy once the information is to hand.

Ivana Bacik (Dublin Bay South, Labour)
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87. To ask the Tánaiste and Minister for Justice and Equality the number of firms instructed by the State to defend slop-out and in-cell sanitation cases; the amount in fees paid to such firms for their services; and the number of such cases assigned to each firm, in tabular form. [18422/23]

Simon Harris (Wicklow, Fine Gael)
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I have sought the information requested by the Deputy from the Irish Prison Service, however, the information was not available in time. I will write to the Deputy once the information is to hand.

Catherine Murphy (Kildare North, Social Democrats)
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88. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 139 of 15 February 2023, the total number of category ‘A’ complaints made by female prisoners in 2022 and their outcomes; and if he will make a statement on the matter. [18561/23]

Simon Harris (Wicklow, Fine Gael)
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As the Deputy will be aware all prisoners may make a complaint at any time and the Irish Prison Service treats all complaints with the utmost seriousness.

Complaints received by the Irish Prison Service vary in nature and gravity. For example, some may relate to conditions of accommodation, quality of food or access to services while other complaints can be more serious such as allegations of assault, mistreatment or intimidation.

The current system categorises complaints according to their nature and severity, ranging from the most serious 'Category A' complaint through to a 'Category F' complaint. Further information on the Prisoner Complaints System, including these categories, is available on the on the Irish Prison Service website www.irishprisons.ie - Prisoner Services – Prisoner Complaints.

The most serious 'Category A' complaints are those alleging assault or use of excessive force against a prisoner, ill-treatment, racial abuse, discrimination, intimidation, threats or any other conduct against a prisoner of a nature and gravity likely to bring discredit on the Irish Prison Service. I am advised that 'Category A' complaints are assigned for investigation to independent investigators outside of the Irish Prison Service.

The Irish Prison Service has a dedicated Prisoner Complaints Unit that coordinates the complaints mechanism and ensures confidentiality. Communication of the outcome of complaints is managed in accordance with the legislation as set out in Rule 57B of the Prison Rules 2007.

I am advised by my officials in the Irish Prison Service that five Category A complaints were made by women in 2022. To date, two of the external independent investigations of these complaints have concluded which deemed there were no reasonable ground for sustaining the complaints, two complaints are currently under investigation and one complaint is awaiting assignment to an Investigator.

Catherine Murphy (Kildare North, Social Democrats)
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89. To ask the Tánaiste and Minister for Justice and Equality the total number of committals to prison in 2022, by gender; and if he will make a statement on the matter. [18562/23]

Catherine Murphy (Kildare North, Social Democrats)
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90. To ask the Tánaiste and Minister for Justice and Equality the number of remand committals to prison in 2022, by gender; and if he will make a statement on the matter. [18563/23]

Catherine Murphy (Kildare North, Social Democrats)
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91. To ask the Tánaiste and Minister for Justice and Equality the average number of people in prison custody in 2022, by gender; and if he will make a statement on the matter. [18564/23]

Catherine Murphy (Kildare North, Social Democrats)
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92. To ask the Tánaiste and Minister for Justice and Equality the total number of people who were committed to prison in 2022 as the result of the non-payment of a court-ordered fine, by gender; and if he will make a statement on the matter. [18565/23]

Simon Harris (Wicklow, Fine Gael)
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I propose to take Questions Nos. 89 to 92, inclusive, together.

As the Deputy will appreciate, judges are independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. As a general rule, the court is required to impose a sentence which is proportionate not only to the crime but to the individual offender. In doing so, the Court identifies where on the sentencing range the particular case should lie and then applies any mitigating factors which may be present.

As the Deputy will be aware, the Prison Service must accept all prisoners committed by the Courts and as such the Prison Service has no control over the numbers committed to custody at any given time, and the prison system is, of course, subject to peaks and troughs.

I can advise that there were 7,043 committals to custody in 2022. This is a 14.8% (910) increase on the number of committals in 2021. Females accounted for 11.5% (807) of all committals, and males for 88.5% (6,236) of all committals.

The daily average number of people in custody in 2022, was 4,122. This is an 8.6% (328) increase in the daily average number of persons in custody since 2021.

I can further advise that the number of remand committals accounted for 38% of all committals in 2022.

The additional information requested by the Deputy is provided in the tables below.

Total Number of Remand Committals to Prison in 2022, by Gender

Daily Average Number of People in Custody in 2022, by Gender

Committals to Prison in 2022 as a result of the non-payment of fines, by Gender