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Dáil Éireann debate -
Thursday, 1 Mar 2001

Vol. 531 No. 5

Ceisteanna–Questions. Priority Questions. - Prisoner Escapes.

Brendan Howlin

Question:

2 Mr. Howlin asked the Minister for Justice, Equality and Law Reform the number of prisoners who escaped from Garda custody and prison custody in the years 1998, 1999, 2000 and 2001 to date; the review that is planned of procedures for transporting and escorting prisoners to minimise the risk of escapes; the investigation which has been held into the circumstances of the recent escape from custody, during an outside visit, of a prisoner serving a nine year sentence for rape; the reason no announcement or warning was issued to the public on the escape of a potentially dangerous prisoner; and if he will make a statement on the matter. [6162/01]

Alan Shatter

Question:

3 Mr. Shatter asked the Minister for Justice, Equality and Law Reform the circumstances surrounding the escape from Arbour Hill of a prisoner sentenced to nine years for rape on 18 February 2001; the reason no official announcement of the escape was made until 22 February 2001; the total number of prisoners who have escaped from custody since the start of 2001; and the action he is taking to ensure that no further prisoners escape from custody. [6163/01]

I propose to take Questions Nos. 2 and 3 together.

There were no escapes from any of the closed prison institutions in the period from 1998 to date. There have been, however, a number of incidents in which prisoners have escaped from custody while outside the secure confines of a closed prison. For the purpose of this question, I am assuming that where the Deputy refers to prisoners escaping from Garda custody, he is referring to prisoners being escorted to or from prison by gardaí, usually for the purpose of court appearances.

The figures requested by the Deputy are as follows:

Year

Number of Escapes from Prison Custody

Number of Escapes from Garda Custody

1998

7

1

1999

14

0

2000

8

2

2001 (to date)

4

0

Prisoners have succeeded in escaping by using a variety of means, including pulling out syringes in the course of an escort and demanding that their handcuffs be removed, breaking through windows in the holding cells of courthouses, climbing out of hospital windows and, in one recent incident, armed intervention by associates.

When an escape occurs from a prison escort, the Garda Síochána is immediately notified and takes whatever steps possible to apprehend the prisoner. An investigation into the circumstances surrounding the incident is conducted by the prison governor. Where appropriate, operational procedures are reviewed and enhanced. It should be noted that the vast majority of these escapees have since been recaptured and returned to prison to complete their sentences. A few have returned voluntarily.

The most recent incident occurred on Sunday, 18 February 2001. A prisoner escaped during the course of an escort to a neutral venue to meet his mother who was unable to visit him in the prison for health reasons. The prisoner was serving a nine year sentence for a most serious sexual offence and he was due for release on 19 September 2002. The prisoner was escorted from the prison to the venue in the company of three prison officers. A number of similar outings had taken place previously to the same venue without incident. The standard procedure in this type of escort is that the area in which the meeting was to take place would be examined to ensure the staff were satisfied with the security arrangements. The officers were deployed around the venue. Under the pretence of going to the toilet, the offender escaped through a back door. Staff conducted a search of the area and contacted the prison which, in turn, notified the Garda.

The Garda was provided with details on the prisoner, including a recent photograph, last known address, physical description and details on his victim. It would be an operational decision for the Garda whether to notify the general public about the escape, but I can confirm that the victim's family was notified at the earliest possible time. I express my personal regret at the additional distress this episode has undoubtedly caused to the victim.

The prisoner returned voluntarily to Arbour Hill on Monday, 26 February 2001 at approximately 9 p.m. The Governor of Arbour Hill has conducted an investigation into the incident, including the circumstances of his release under escort from the prison and the events leading up to his escape. His report was forwarded to the Director General of the Prison Service and me yesterday. The report contains a number of issues of concern which the director is addressing as a matter of urgency. For security reasons, it would be appropriate for me to go into further detail on this aspect. I fully understand that such incidents cause public concern. In order to safeguard both the prison staff and the general public, every precaution must be taken to prevent their recurrence. I was shocked that a prisoner who was convicted of such a serious offence was able to escape.

Following the spate of recent escapes the director general of the prisons service set up an expert review group to examine the circumstances of each escape, to review escorting procedures and the equipment used in such escorts. The areas being examined include transport arrangements, staff training, the profiling of prisoners, searching procedures, the use of handcuffs and batons and the situation in relation to key-holders. This group, whose members include the head of operations in the Irish Prisons Service and two senior prison governors, made significant progress. I cannot provide exact details, on security grounds, but I am informed by the director general that this group has identified areas where immediate improvement is possible. New guidelines will shortly issue to all prison governors. The review group continues to examine other issues which require longer-term actions and may involve other agencies, including the Courts Service and the Garda.

It is the nature of prison escorts that there is always an element of risk in transporting prisoners outside a prison. It is, however, estimated that less than one in every thousand escorts result in an escape bid by a prisoner. The vast majority of escorts effected by prison officers are completed without incident. There have been many occasions, usually unreported, where prison staff, by their vigilance and professionalism, have prevented the escape of prisoners, often when faced with considerable threat.

Why was the most recent escape kept secret from the public from Sunday until Thursday, and only released following a media inquiry? If there had not been an inquiry, would we never have known about the escape? When was his Department informed of the escape? What is the Minister's personal opinion of the community's right to know of the escape of a convicted and dangerous rapist? Is it the Minister's view that the community into which the prisoner escaped has a right to be informed immediately? Was the temporary release to visit a relative sanctioned by his Department?

Decisions on requests for escorted outings are generally made by senior officials. Some cases are submitted for recommendation to me. The standard procedure was not followed in this case. This will be examined by the director general of the prison service. It must be examined in greater detail and that is being done.

On the question of informing the public, the Garda were notified of the escape immediately. As in all such cases, my Department was informed as early as possible and the victim's family the following morning. The question of making an announcement arising from the risk to the public is a Garda operational matter. It is not an issue for me as Minister. The staff conducted a search of the area and then notified the prison, which contacted the Garda. They were provided with details of the prisoner – a recent photograph, physical description, last known address and details of the victim.

The investigation is continuing and should be completed soon. I received a preliminary report yesterday evening which was unsatisfactory. I await a further report.

Would the Minister not accept that once he is informed that a dangerous prisoner, convicted of rape and sentenced to nine years' imprisonment, is at large he has a duty to make an announcement? Will he acknowledge that he cannot abdicate his responsibility to the Garda Síochána? As the Minister for Justice, Equality and Law Reform responsible for running the prison service, does he not have a duty to ensure that the public is forewarned? Would the Minister accept that four prisoners escaping in five weeks is unacceptable, that it indicates a breakdown in the prison service's procedures to transport prisoners? Is he aware that an assurance was given to the House, only three days before this escape, by a Minister of State on his behalf, that the level of security on escorts would be appropriate to the offence committed by the prisoner and steps would be taken to prevent further escapes? What assurance can the Minister now give that there will be no other escapes in the coming weeks? What new procedures have been put in place to deal with the difficulties?

Of the 36 escapees I referred to, only two remain at large. That is an important statistic. It is also important for people to remember that the number of escapes from escorted outings annually is minimal.

Regarding my responsibility to advise the public of an escape, it has always been an issue which the Garda Síochána decide. This is for good reasons. There is no question of my abdicating responsibility. It would be remiss of any Minister not to take the advice of the Garda Síochána on such a sensitive matter.

Was the Minister advised not to release the information?

It would be extremely foolish for a Minister unilaterally to announce the position on any prisoner without having been advised to do so by the Garda Síochána. It is an operational, not a policy, decision.

It was a decision about protecting the public.

Any time an escape occurs it causes concern. I have explained that, in the years in question, of the 36 escapees, only two remain at large. I respectfully remind the House that a few years ago there was no incentive to escape because of the revolving prison door.

The Minister should not change the subject. He is accountable now.

The Minister revolved the door until December 2000.

Hundreds of people in any given month were being released on the sole criterion that there was no space. That door is closed and I am proud of that.

Does the Minister accept that a community in which an escaped convicted rapist is at large is entitled to be informed?

It would depend on the circumstances of the case. No wise Minister would take action in relation to such an announcement without the Garda Síochána having made an operational decision. That is the way it has always been.

It is astonishing that the Minister does not accept it.

The Minister does not take responsibility for anything.

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