Alan Shatter
Question:3 Mr. Shatter asked the Minister for Justice if he will outline the steps, if any, he intends taking in regard to, (a) the chronic overcrowding in our prisons and (b) the lack of detention centres for juveniles.
Ceisteanna — Questions. Oral Answers. - Prison Accommodation.
There are at the moment about 2,200 persons in custody in our prisons. Prisoner numbers of this order create ongoing pressure on available custodial accommodation. At present there are about 230 cells originally designed for single occupancy which are being used to accommodate two prisoners and 20 cells designed to accommodate three prisoners which are being used to house four prisoners.
However, continuing progress is being made on a programme to provide additional accommodation. In recent years a new institution, which accommodates 320 persons, was provided at Wheatfield and work is currently in progress on the provision of a new health care unit at Mountjoy which will provide accommodation for 57 offenders. The Government also recently approved the take-over of the military detention barracks in the Curragh for use as a civilian prison for disruptive prisoners. This new prison will have accommodation for more than 40 prisoners and it is expected that it will be operational later this year. Since 1985 there has been an investment exceeding £85 million on the prison building programme which is a clear indication of continuing commitment to investment in prison accommodation.
The need for extra prison accommodation is being reviewed at present. Last week, at the annual conference of the Prison Officers' Association, I announced my intention to draw up a comprehensive document that will update the overall aims and objectives for the prison system and set out a strategy to meet them. The document will take account of recent developments and current thinking in relation to both custodial and non-custodial sanctions and will, of course, take account of accommodation difficulties. I will be consulting all interested parties in due course. Even at this stage, however, I have no doubt but that the public interest is best served when a range of effective alternatives to custody are employed to the full, and prisons are used only as a last resort. At any one time there are 3,200 offenders on supervision of one sort or another as an alternative to custody, including 750 on community service orders. The search for even more alternatives will continue without let-up.
My Department cater for the detention of male offenders aged 16 years and over and female offenders aged 17 years and over. Offenders under that age cannot be sent to the prisons or places of detention operated by my Department except in the very special circumstances specified in sections 97 and 102 of the Children Act, 1908, where the court certifies that the young person is of so unruly or depraved a character that he or she cannot be detained in a special school.
Young offenders between the ages of 12 and 17 may be committed to special schools which are the responsibility of the Minister for Education. I understand that the former Scoil Árd Mhuire premises in Lusk have been refurbished to provide an additional 36 places for boys and eight places for girls, of these 14 additional places for boys and four additional places for girls were brought into operation in September 1991. A further eight places for boys and a further four places for girls were brought on stream in recent weeks. I understand that the remaining places will be operational in the next two months or so. In addition, plans are advanced for the construction of a new centre to hold up to 20 young female offenders at Finglas. This facility is scheduled for completion in the latter half of 1993.
Will the Minister agree that there is widespread concern in the general public and the Garda Síochána at the substantial increase in crime, which was in the region of 8 per cent last year and which stands at 8 per cent so far this year? There is a belief that the increase is being fuelled by the failure of the Government to provide the necessary prison and detention centre places for those convicted of crime. Is the Minister aware that the revolving door syndrome, resulting in the Garda arresting people, bring them before the courts who have nowhere to send them and releasing them back to the community, is fuelling the rise in crime? What assurance can the Minister give the public that the problem will be resolved this year?
I do not suppose that the problem of crime will ever be resolved in any particular year. However, we are making every effort to reduce the level of crime and there have been significant successes over the years in relation to drugs, crimes in regard to elderly people, joy-riding — which is a misnomer — which should not be forgotten. Of course, the Deputy is right in saying that there was an increase in crime last year. The figures have not yet been finalised. Everything possible is being done by the Garda to address the matter.
The Deputy referred to the revolving door syndrome, it is our way of temporary release and our answer to the parole system which is a feature of the penal system throughout the world. Indeed, our system is mentioned favourably in other jurisdictions; it is only activated in very strict circumstances. Under the Criminal Justice Act, 1960, the Minister may authorise the release of offenders in particular circumstances. All temporary releases are on the condition that the offender will keep the peace, be of good behaviour and sober habits. In certain circumstances people on temporary release must report to the Garda daily. Sometimes they are supervised by the probation or welfare officer and it can be indicated that they must reside at a named hostel. Before a release is considered, the nature of the offence and the offender's previous criminal history are taken into consideration. More particularly, the attitude of the offender while he or she has been in custody — and the length of the sentence — is taken into consideration. There is always an assessment of the risk of allowing somebody out on temporary release to the community. The overriding concern in assessing these cases is the protection of the public. It must always be borne in mind that very serious offenders do not benefit from this temporary release arrangement.
I will hear a very brief question from Deputy Shatter as it is obvious that the time available for priority questions is nearly exhausted.
Is the Minister aware that the problems in relation to the juvenile justice area are seen as very great by many people? The Garda have expressed the view that many juveniles are constantly involved in crime and feel immune from punishment due to the inability of the courts to send them to a place of detention if they are convicted. Will the Minister agree that the absence of places of detention for juvenile offenders is exacerbating the crime problem and that it is contributed to by the fragmentation of ministerial responsibility in this area? Will the Minister also agree that the responsibility for providing detention centres for juveniles sentenced by the courts should rest with the Department of Justice and not be dispersed throughout the Departments of Justice, Education and Health?
It is a separate question but it is related and there is something in what the Deputy says. It is the subject matter of another question to which I have a longer response. On the over view, there always seems to be a pulling between Education and Justice. We try to act in the best interests of the young offender and there has been reasonably good co-operation in that regard. If the Deputy has a point of view to make regarding that area, I will be happy to hear it. The 1908 Act is currently under review and I should like to introduce the necessary Juvenile Bill before the end of this year.