Dáil Éireann debate -
Wednesday, 3 Oct 2001

Vol. 541 No. 2

Written Answers. - Prison Accommodation.

John Bruton

Question:

849 Mr. J. Bruton asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the report of the Irish Penal Reform Trust on the use of padded cells in the prison system; and if he will make a statement on the concerns expressed therein. [20993/01]

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

Under rule 78 of the 1947 Rules for the Government of Prisons, the governor may have "a refractory or violent prisoner detained in a cladded-padded cell for his-her own protection." Similarly, the prison doctor may authorise the detention of an offender in the cladded-padded cell for medical observation or for the offenders own protection if he-she has suicidal tendencies. Obviously, while undesirable, it is a matter of practical necessity to put some prisoners in a place of safety within the prison system when they prove difficult to manage in the general prison population. Padded cells are sometimes used in such instances as they provide a secure, safe place where prisoners can remain under special observation with minimal opportunity to cause damage to themselves or to other prisoners.

Prisoners may be confined to such cells as may be approved by the Minister for Justice, Equality and Law Reform, but only on the authority of the governor or other officer in charge, and for as short a period as necessary. The guidelines in place for the use of padded cells require all such placements to be reported to Prisons Service headquarters and the early involvement of the prison doctor where a stay in the padded cell has to be used. It should also be noted that, on many occasions, placement in a padded cell is at the prisoner's own request.

The document "Out of Mind, Out of Sight" which was published earlier this year by the Irish Penal Reform Trust – IPRT – called for the elimination of the use of padded cells within the prison system and I would like to make a few observations on this report. The finding in the report that 78% of prisoners placed in padded cells are suffering from mental illness is apparently based exclusively on the comments and observations in prison registers of the use of such cells. Most of these entries, which are brief and situation-related, are made by prison officers who would not have a professional qualification in the area of assessing or diagnosing mental illness. The classification by the trust's report of such cases as "mental illness" is, to say the least, unscientific. The decision as to whether a prisoner is in need of treatment for a psychiatric disorder is a matter for the medical personnel in our penal institutions. Such a decision can only be taken following medical assessment and diagnosis.

I am also informed that the IPRT document does not differentiate between strip cell usage and padded cell usage. Padded cells are used for the protection of the prisoner, as opposed to disciplinary or good order purposes. The IPRT document does not make this clear and, instead, gives the impression that punishment is the routine rationale for such use.

I do, however, accept that there are indications that an increasing number of vulnerable and mentally disordered people are being committed to prison. In this regard, there is a risk that prison may be used as a refuge of last resort by the courts for some mentally disordered people who may be charged with offences of a public order nature which are a by-product of their illness. It would obviously be beneficial if such minor offenders could be diverted in the direction of medical treatment either on an out-patient basis in the community or in extremes into a hospital setting until their condition stabilises. In this context, the report of the group to review the organisation and structure of prison health services was recently received by me and published on 27 September 2001. This fundamental review contains a number of recommendations on the issue of psychiatric services for prisoners. One such recommendation is that mental health legislation should be introduced in a way that would facilitate diversion of mentally disordered individuals to an alternative, treatment, supervision and care service. I have requested the Director General of the Prisons Service to pursue the recommendations outlined in this report with the other interests involved with a view to ensuring that the necessary measures are taken to improve the health care available to prisoners. I can also inform the House that there is a review under way at present on the future service role of the Central Mental Hospital. I am awaiting the outcome of this review.

Successive Governments have taken the view that if a prisoner is psychiatrically assessed as in need of psychiatric treatment then that treatment ought to be provided in a psychiatric hospital. That policy conforms generally to the policy in other European jurisdictions and to the policy advocated by the relevant organs of the Council of Europe. However, all of the recommendations contained in the Irish Penal Reform Trust report will be carefully considered. The Director General of the Prisons Service, in this context, met a deputation from the trust earlier in the year and they discussed their report and recommendations with him at some length.