Dáil Éireann debate -
Tuesday, 17 Feb 1998

Vol. 487 No. 3

Adjournment Debate. - Prison Accommodation.

Mr. Higgins

(Mayo): I thank the Chair for selecting this matter for the Adjournment. The flashpoint which led to the highlighting of the chaos that is Mountjoy Jail was the graphic condemnation by the prison chaplain last week of the gross overcrowding there. The stark reality is that a much more serious flashpoint is looming unless the Minister for Justice, Equality and Law Reform takes action immediately. Where there are 250 people, many of whom are in prison for serious crimes involving violence and personal injury, drug addicts whose temperaments are dictated by their habits and their access or lack of access to drugs and a hoard of people who feel hostile or threatened, there is the chemistry for a possible catastrophe. Given the present situation it is a miracle lives have not been lost. The Minister should have seen this coming. Is there not something seriously wrong with a prison system which has 200 more prison officers than prisoners, costs the taxpayer a conservative £46,000 per prisoner per annum, where each prison space costs £110,000 to construct and has a failure rate of three out of four, or more than 70 per cent?

Mountjoy Jail was built in 1850 and, despite cosmetic treatment, it is antiquated and totally inadequate. Its modern day capacity is 500 inmates, yet on 22 July 1997 there were 684 prisoners in the jail, while on 23 October 1997 there were 687. Last week there were 750 — that is 250 more prisoners than Mountjoy's accommodation provides for. They are sleeping on mattresses in corridors, in dining halls and in recreation areas.

Last July the prison visiting committee wrote to the Minister about the situation, but nothing seems to have happened. The reality is that, apart from a medical unit, not a single additional prison space was provided by the Minister's party in Government between 1987 and 1994.

The building programme initiated by the former Minister, Deputy Owen, ensured that in 1996 some 30 places were completed at St. Patrick's Institution, 25 at Castlerea and 68 at the Curragh. In 1997, 55 more places were completed in Limerick prison and a further 125 places will come on stream in Castlerea shortly.

The new women's prison, with 60 more places, will be completed this year. Construction is well under way for 400 spaces at Wheatfield and plans are well advanced for 80 further spaces at Portlaoise jail.

The Minister has been singularly inept in dealing with this problem. Last week he told the Dáil that 6,300 people were arrested and detained for the non-payment of fines. Each of those 6,300 was brought with all due ceremony to Mountjoy jail before either being released or redirected elsewhere. What a waste of time, money and prison space.

Every day people are jailed for the non-payment of civil debts, yet a simple Bill, which would deduct fines or civil debt liabilities from income at source — which, we were told, was supposed to be a Government priority — has been allowed to languish on the "also ran" list of Government measures intended for legislation. The Minister may say that only ten spaces per day are taken up by such cases, but the reality is that last week he said 6,300 people went through the doors of Mountjoy in 1997 for the non-payment of fines.

Is it not nonsensical that everybody who is sentenced by the courts is sent first to Mountjoy instead of being sent to whichever prison has the least accommodation problems? Why not change this policy and introduce some liaison between the courts and the prison service to relieve, at least in the short-term, some of the chaos?

The Minister, Deputy O'Donoghue, presides over a prison policy that seems to have no focus or purpose except that of detention. Is he aware that a study of Mountjoy prisoners, commissioned by his Department and published in June 1997, showed that 77 per cent of those surveyed had spent time in St. Patrick's Institution and that they had an average of 14 convictions and ten separate prison sentences each? Their time in prison had neither deterred nor rehabilitated them, yet community-based sanctions — according to the Department of Justice, Equality and Law Reform, the NESC, and the Whitaker report — result in a far lower reoffending rate than prison. In spite of this, the probation and welfare service remains the Cinderella of the system.

Having completed the programme of 840 extra spaces, introduced by the former Minister, Deputy Owen, why is the current Minister now going to provide 2,000 more spaces at a minimum cost of £200 million plus a proven cost of £46,000 per annum to run and maintain each prison space? As soon as the 840 spaces are available, the Minister should begin a systematic dismantling and rebuilding of the entire Mountjoy complex as well as a serious re-evaluation of current prison policy, which simply is not working.

Dr. Upton

I thank you for selecting this item for discussion and I thank the Minister for coming to respond.

Our system of criminal justice has suffered from chronic neglect over a long period. This history of inaction and lethargy has necessitated serious reform in the recent past. No political party in this House can wash its hands of responsibility for the past neglect of our criminal justice system. However, one party, Fianna Fáil, has been in charge of the Department of Justice of seven and a half of the past ten years. That stark fact cannot be ignored despite the valiant efforts of our current Minister to do so while he was in Opposition.

We need a rational debate on our criminal justice system and it serves nobody's interest to turn the issue into a political football. I wish the current Minister had acknowledged this fact while he ranted and raved in Opposition. I am more interested, however, in the actions the Minister for Justice, Equality and Law Reform now proposes to take to tackle the issues, rather than the way he behaved while Opposition spokesman.

The recent revelations regarding chronic overcrowding in Mountjoy jail demonstrate that reform of our prison system will not produce results overnight. The current level of prison building, sanctioned and begun by the previous Government, continues apace and will provide more accommodation for prisoners. In particular, it will provide separate accommodation for remand prisoners which has been long overdue.

The previous Government sanctioned the provision of over 800 extra prison places. These places are necessary if we are to achieve three goals: first, that sentenced prisoners serve their sentences in full or until they are deemed fit for early release; second, that the need for the current system of renewable temporary release be removed. This method of temporary release, the so-called revolving door syndrome, is a disgrace. It makes a mockery of the work of the Garda Síochána, the courts and the prison system itself. It flies in the face of the principles of prison rehabilitation by releasing prisoners to make more room for recently sentenced prisoners, not because they are deemed fit for release, but because new prisoners have to be accommodated. The system of temporary release has a devastating effect on victims of crime who see perpetrators of often violent crimes against them or their families being released after serving only a fraction of their sentences. It undermines public confidence in our justice system and cannot continue. Third, increased prison spaces are needed to resolve the chronic overcrowding in Mountjoy that has plagued our prison system for years. We need extra places so that sentenced and remand prisoners can be held in standards that fulfil our international obligations and our sense of decency.

Prison building, however, is only a part of the solution to our current problems. It is time we seriously examined alternatives to incarceration. Community service orders and probation orders have always been the poor relation of the criminal justice system. This represents a wasted opportunity. We have an extremely high level of imprisonment and recidivism, compared to our EU neighbours. In addition, an extremely high proportion of persons in jail are under 21. A visit to Mountjoy is a pathetic experience, when one sees such young people incarcerated there.

Many people argue that our prison system does not work and that it is not effective in preventing crime, in rehabilitating offenders or in protecting the public. These three aspects of our current system point to an urgent need to research and properly fund a comprehensive system of alternatives to prison. These alternatives must not be seen or portrayed as a soft option; they must be applied to individuals who show remorse for their crimes and express an intention to reform themselves in a credible manner.

Given the strong links between opiate addiction and crime it is imperative that prisoners are offered a proper drug rehabilitation programme. This new departure for our criminal justice system will require significant investment in the probation and welfare services, which have been starved of funds for many years. However, given the high cost of keeping prisoners in jail and the failure to rehabilitate the vast majority of them, it is imperative that the Minister should seriously address this issue.

We have been faced with a crisis in our criminal justice system for years. We should recognise that this presents us with both challenges and opportunities. We should have the courage to meet these challenges and opportunities with imagination. I hope the Minister will do so.

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

I listened with not a little wry amusement to the contributions made in relation this matter. It is, of course, true that due to a combination of factors — not least, the implementation of the zero tolerance policy — that the number of prisoners in Mountjoy last week hit an all time high of 762. Let it be said, however, that these warnings were delivered by me on behalf of the Fianna Fáil Party from the Opposition benches on numerous occasions. The day it was ensured that Mountjoy would have an all time high of 762 prisoners was the day when the rainbow coalition Government decided to cancel the building of the new prison at Castlerea.

Mr. Higgins

(Mayo): Does the Minister consider that a success or a boast?

Mr. O'Donoghue

To speak in the House this evening of a prison building policy propagated by the rainbow coalition Government is to engage in a battle for a victory in fantasy land. For the first time in recent history there is a prison building policy which is being delivered upon. The cheque for the building of prison spaces under the rainbow coalition Government was forever in the post.

I have already acknowledged that the existing level of prison accommodation is inadequate to meet current demands and that this has been the case for some years now. I accept that this lack of accommodation is causing problems for the conditions and regimes in places of detention for prisoners. I will come back to this later as l would like to set the record straight on a number of matters which have given rise to comment in recent days.

Our prisons, particularly Mountjoy, are not overcrowded because of fine defaulters. Last Tuesday, for example, seven persons were held overnight in Mountjoy for non-payment of fines. At no stage in recent years, let alone days or months, were 106 persons incarcerated in Mountjoy in any given day because of non-payment of fines. I emphatically reject any such suggestions which remind me of the extraordinary day when the then Taoiseach, Deputy John Bruton, stated that there were people in prisons who should not be there and that if they were released, room would be made available for a considerable number of new prisoners.

It is being suggested that the immediate introduction of an attachment of earnings Bill would in some way provide a quick fix solution to the accommodation problem in Mountjoy. I will introduce an attachment of earnings Bill in due course as part of my overall programme of law reform. However, to suggest that such legislation would address the situation at Mountjoy, in circumstances where only a handful of people are there for non-payment of fines and, at any given time, only 1 per cent of prisoners are in custody in the entire prison system for non-payment of fines, is wide of the mark. It is as wide of the mark as it is to suggest that a Minister for Justice, Equality and Law Reform in office for eight months could produce hundreds of prison places overnight.

Mountjoy has been operating in excess of its capacity for many years. I said that in Opposition and in Government so there has been no lack of consistency in recognising the problem and seeking to resolve it. Last week the number of prisoners reached an all time high of 762. Officers of my Department together with the Governor and staff of Mountjoy are making extraordinary efforts on a daily basis to keep the numbers in the prison at as low a level as possible in the current circumstances. This is accomplished by transferring inmates to other prison institutions and, unfortunately, by resorting to an undesirable level of early releases. It is clear, having regard to the established trends in the numbers of committals from the courts to prison, that the prison capacity increase being provided for by the previous Government was inadequate to fully cater for current and future demands.

The current prison building programme will provide over 1,000 additional places within the first two years of this Government. I am committed to the provision of a total of 2,000 additional places over the life of this Government in the face of Fine Gael opposition to the measure.

Mr. Higgins

(Mayo): Is that a total of 3,000 places?

An Leas-Cheann Comhairle

The Minister, without interruption.

Mr. R. Bruton

The Minister is not able to think and talk at the same time.

Mr. O'Donoghue

This building programme will have a major impact on the level of available prison places in the State — a 45 per cent increase in the first two years and an overall increase in capacity of over 80 per cent in five years. The following is the up-to-date position regarding the programme for the provision of additional places: Limerick ‘D' block — 60 places; construction is completed and it is planned to come into operation next March.

Mr. Higgins

(Mayo): Deputy Owen was responsible for that.

Mr. O'Donoghue

Castlerea main prison — 152 places; construction will be completed at the end of this month. Did I hear someone mention Deputy Quinn?

Mr. Higgins

(Mayo): Deputy Owen.

Mr. O'Donoghue

The new remand prison beside Wheatfield in Dublin — 400 places; construction work will be completed late this year.

Mr. Higgins

(Mayo): Deputy Owen was also responsible for that.

Mr. O'Donoghue

The new women's prison at Mountjoy — 80 places; construction work will be completed late this year.

Mr. Higgins

(Mayo): Deputy Owen again.

Mr. O'Donoghue

All these prison spaces would not have been sanctioned by the previous Administration were it not for the considerable pressure brought to bear by the Opposition. When I stated that Deputy Quinn's name might be mentioned in connection with Castlerea prison, I meant he will be forever remembered there as the man who ensured that the prison was cancelled.

Dr. Upton

The Minister should not encourage us to read what was said in Opposition.

Mr. O'Donoghue

The cheque was in the post for all these measures under the previous Government. The former Minister for Justice, Deputy Owen, was not in the Department to pay the bills for the works which were supposedly sanctioned.

Mr. Higgins

(Mayo): What about Portlaoise?

Mr. O'Donoghue

The planning for the provision of a new prison at Portlaoise is well under way. Competitive tenders for the provision of this new 400 prisoner facility, by means of a private sector design, build and finance package, have been invited and the closing date for the tender competition is Thursday of next week. It is expected that construction will be completed within 15 months from the date of commencement, that is, by mid 1999.

The current building programme will provide a total of 1,092 additional places by mid 1999. That is 92 places in excess of what Fianna Fáil promised before the general election. My Department is commencing planning for the remaining places to be provided during the lifetime of this Government.

Mr. Higgins

(Mayo): Is that 1,000 or 2,000 prison places?

Mr. O'Donoghue

It is also continuing with a major programme of refurbishing, upgrading, modernising and, where necessary, extending facilities at existing prisons. If Deputy Jim Higgins has difficulty understanding how many prison spaces the Government will provide during its lifetime, he can read the party's manifesto for the general election where he will learn that we will provide an additional 2,000 places.

Mr. R. Bruton

The Minister should be at the Galway races because he has a three card trick.

An Leas-Cheann Comhairle

The Minister, without interruption as he has only two minutes left to speak.

Mr. O'Donoghue

While a significant amount of these improvement works, including the installation of integral sanitation facilities in some old prisons, and more essential health, safety and security works have been completed, much remains to be done. Since many of our existing prisons were constructed in the 1800s — some of them are 150 to 200 years old — Members will appreciate the urgent need for proceeding with modernisation and improvement works, particularly in the older institutions. It is unacceptable that some prisoners are held in overcrowded conditions but this problem is being addressed as a matter of urgency. The various refurbishment works and the extensive building programme will come on stream in the coming months and years to help resolve the problem.

I am fully committed to the development of community sanctions and measures as alternatives to custody and as a means of combating crime. My Department's probation and welfare service has a significant role to play in this regard. A number of alternatives to custody are already in place. On average, on a daily basis, there are well over 4,000 offenders serving community-based sanctions under the supervision of the probation and welfare service. That is almost twice the number of persons who are in custody. Approximately 1,042 offenders are placed on probation orders each year. Another alternative to custody which has proven successful is community service. Each year approximately 1,600 offenders are required by the courts to perform community service.

A more recent development in the area of alternatives to imprisonment is intensive probation supervision. This is a special community based programme for serious or persistent offenders requiring a more intensive form of supervision. Participants may be referred to this scheme by courts as an alternative to a substantial sentence — two years or more — or may be released early from custody towards the end of such a sentence. They are obliged to attend and take an active part in the programme as a strict condition of their continuing to reside in the community. Failure to do so means an immediate return to court or to custody. The scheme commenced in 1992 and now has over 150 offenders participating in Cork and Dublin.

It is my Department's policy to develop probation as a viable alternative to imprisonment. To this end, funding is provided to over 40 hostels, day centres and workshops. These projects are operated by a number of voluntary, community and business groups in association with the Probation and Welfare Service, and they are working to intervene with young people at risk of offending and to reduce re-offending among those already involved in criminal behaviour and under supervision. The financial assistance available to these bodies in 1997 was over £4 million. Prevention is a key strategy in the fight against crime. By funding community based facilities and harnessing community goodwill to reduce offending behaviour, particularly in disadvantaged areas, the Probation and Welfare Service can, even with relatively small amounts of money, produce significant results.

I again stress my commitment to community sanctions and measures as viable alternatives to custody. I recently established a group to examine the Probation and Welfare Service, its role, needs and organisational structure, and to make recommendations on how the service should develop into the next millennium. In this context, I secured funding for a much needed new IT system for the service which will be developed in 1998. I also secured additional money for three new probation centres for 1998. In total, I increased funding to the Probation and Welfare Service in 1998 by 27 per cent over last year's allocation.

The measures I have outlined will, in time, alleviate the problem of overcrowding in prisons and places of detention. Unfortunately, many offenders at this time are under 21 years of age, and in response to this, the new Children Bill contains important proposals for the more appropriate management of young offenders to steer them away from a life of crime.

I trust I have now illustrated that this Government is well on the way to ending, once and for all, the discredited system of the revolving door in the Irish criminal justice system.