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Dáil Éireann debate -
Wednesday, 26 Jun 1996

Vol. 467 No. 5

Adjournment Debates. - Remand Prisoners' Accommodation.

Currently persons on remand are being kept in our prisons and are taking up space required for convicted persons. There is need for separate remand centres where those persons could be retained and kept securely away from the prison population. Their needs and requirements are different from those of convicted persons.

When I tabled this motion I did so as part of an overall package, including the provision of a night court to respond to the ever spiralling lawlessness in our city.

However, in the wake of the assassinations of Garda McCabe and today, of Veronica Guerin, to whose family and colleagues I extend my deepest sympathy, we must look very carefully at suspending some civil liberties in the pursuit of maintaining our very basic right to live our lives free from threats of violence and intimidation.

I will deal with the need to establish a separate place of detention for those on remand. In response to a parliamentary question I tabled, I was informed that on 24 May 633 men were in custody in Mountjoy, of whom 102 were on remand, and of the 39 women in custody in Mountjoy ten were on remand. The absence of a separate remand centre was criticised by the subcommittee of the Council of Europe reporting on penal regimes in what is known as the CPT document, published in the past 12 months. It was also a key criticism in the Whitaker committee report.

While I appreciate that many prisoners serving sentences are also categorised as being on remand, there is a significant number of such persons occupying much needed prison places. In the context of the revolving door policy it is the convicted offenders who are released to make prison space available, not the remandees.

Recently we witnessed two tragic suicides which must indicate the stress experienced by those on remand given their status as detained but not convicted prisoners. In prison, remand detainees are not kept separately but intermingle with those serving sentences. Work is not allocated to them, so they have nothing to occupy their time. The age of Mountjoy Prison and its function as a place of detention and remand for Dublin, Leinster, Connacht and Ulster, underlines the need for a separate place of detention for those on remand and to make available some of the extra prison places required to deal with current levels of crime. Towards this end I suggest that the prison population of Wheatfield be transferred to other places of detention and that it be used as a remand centre. That would be an inexpensive solution to an urgent problem.

The frustration of the Garda Síochána and judicial personnel at the inadequacy of some of our places of detention is well publicised. We need to embark on a programme of developing our custodial regimes to deal with the dual roles of rehabilitation of offenders and protecting the public from dangerous individuals.

There is the added anomaly of St. Patrick's Institution being the place of detention for young persons aged 16 to 21 years, yet there have been cases of persons as young as 15 years being held on remand in Mountjoy. I strongly urge the Department and the Minister to move swiftly on this issue and to provide the extra prison places and separate remand centre needed to effectively punish the criminal.

In relation to the recent suicide of a constituent of mine, I would like to quote from an article in the Garda management journal, Communiqué written by Mr. John Lonergan, the Governor of Mountjoy Prison, about dealing with remand prisoners. He said:

The second problem is lack of information on incoming prisoners. At present the only information received with a new committal is that contained on the legal warrant plus whatever information the prisoners themselves choose to provide. This presents a serious handicap for prison staff particularly late at night or over weekends when it may be difficult either to get information or to have information checked out. A proper assessment process prior to committal would help the situation enormously.

In other words, there should be psychiatric examination of people held on remand so that prison staff and remand staff know the importance of checking prisoners and keeping them under constant watch. I thank the Chair and I am grateful that the Minister with responsibility for those Departments is here tonight.

The scope for providing a separate remand assessment centre for persons recently remanded in custody, awaiting trial or who have recently commenced custodial sentences is a matter continually being considered by my colleague, the Minister for Justice, and her Department. Such a centre would obviously be located in the Dublin area in view of its proximity to the courts and the homes and families of the majority of the offender population. However, the Minister's priority is for the provision of extra prison spaces to alleviate the pressure on existing accommodation. At present there are 2,210 custodial places available in the prison system. The number currently in custody is 2,250. While a number of institutions, notably Portlaoise Prison and the open centres, are currently below capacity due to operational reasons, committal prisons such as Mountjoy and Cork are overcrowded on a daily basis.

At the end of January last, the Minister announced plans for the provision of an additional 278 prison places. I am pleased that these plans are being advanced satisfactorily, that already 33 additional places have been brought into use in St. Patrick's Institution and that a further 38 places, which were out of use in Mountjoy due to extensive fire damage last December, will be ready for reoccupation shortly.

The Minister's second priority is the implementation of the Department's prisons buildings programme for the refurbishment of existing buildings which was announced in 1994 in the Department's policy document The Management of Offenders — A Five Year Plan. It is generally accepted that the conditions in some of our institutions are not satisfactory and, in some cases, lacking basic facilities and must be upgraded as a matter of urgency. As well as this, the upgrading of services and facilities at all institutions in the context of the implementation of the Safety, Health and Welfare at Work Act, 1989, will continue.

In the normal course, approximately 10 per cent of all persons in custody at any given time are held on remand. In Mountjoy Prison, where the majority of these are accommodated, the current arrangements provide for separate accommodation and recreational facilities for most remand prisoners at the prison's B wing. Also, the B wing in St. Patrick's Institution, where a young man died last Sunday, is used to house the remand prisoners committed there. It is only fair to point out that most remand prisoners have multiple previous convictions and have served previous prison sentences. The Minister is, however, fully aware of the desirability of separating remand and recently convicted prisoners, especially those who require assessment, from other prisoners. I assure the House that every effort is made, within the confines of the existing system, to keep remand and convicted prisoners apart or at least to minimise the opportunities for contact between them. The Minister will be keeping the matter under active review as more prison places become available.

The Dáil adjourned at 12.20 a.m. on Thursday, 27 June until 10.30 a.m.

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