Gay Mitchell
Question:84 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform his plans for penal reform. [28064/03]
Written Answers. - Irish Prison Service.
A number of significant changes to the Irish penal system are in the process of being introduced. First, the Deputy is no doubt aware of the position regarding my proposals for the application of more efficient staffing arrangements in the Irish Prison Service and the elimination of overtime. Protracted negotiations have been conducted during the course of the last few months with a view to securing staff agreement for the measures necessary to reduce prison service costs.
While staff did not vote in favour of the proposals, my preferred position remains to have agreement with the Prison Officers Association, POA, on a reasonable and sustainable cost structure for the future operation of our prisons. I want to move forward on the basis of consensus. If an agreed way forward is not possible, however, I will proceed to give effect to the decision taken by Government on 11 November 2003 in this matter to progressively implement from 1 January 2004 certain measures in the event of failure to reach agreement with the POA on the proposed change agenda.
New rules for the government of prisons will be introduced in the near future. These rules, which will set out in considerable detail the full range of rights, duties and obligations for prisoners, prison staff and management, were prepared in my Department and transmitted to the Attorney General for legal drafting. These draft rules have been the subject of detailed and extensive consultation with senior staff throughout the prison system. European standards for prisons have been taken in account in the drafting of the new rules. The rules will come into force as a statutory instrument as soon as possible after the text has been finalised.
The Criminal Justice (Temporary Release of Prisoners) Act 2003 was signed by the President on the 29 October 2003. The Act will provide a clearer legislative basis for the power to grant temporary release by setting down the principles which will apply to the exercise of this power. The Act amends section 2 of the Criminal Justice Act 1960 and will provide a clear and transparent basis, as well as the necessary safeguards required, for the operation of the system of temporary release. It will be commenced shortly following finalisation of draft regulations which are currently with the parliamentary counsel.
Work is also proceeding in my Department on the scheme of a prison service Bill, which will provide a statutory basis for the Irish Prison Service and related matters. As Minister, within the resources available to me, I have strengthened the probation and welfare service, especially in the area of youth justice, in order to work to reduce the need to send young offenders into custodial settings. The Children Act 2001 introduces a wide range of innovative measures which will provide a statutory framework for the future development of the juvenile justice system in accordance with modern thinking and best international practice.
It is the underlying concept of the Children Act to expand the options a court will have at its disposal when deciding on how to deal with a young offender. These options are an essential feature of the Act as they will allow effect to be given to the principle that detention for young offenders will be a last resort. Thus, the Act envisages committals to custody of young offenders being availed of only in situations when other alternative diversions and community-based options have been resorted to and have failed.
The Act is being implemented on a phased basis. It is expected that the first of the new community sanctions will come on stream in 2004, subject to the availability of resources. There is also a requirement under the Act for my Department to provide separate detention facilities for 16 and 17 year olds. In this regard, it is anticipated that the transfer to a new facility at St. Patrick's Institution of up to 44 male offenders aged 16 and 17 years will take place in the near future.
Under the Criminal Justice (Community Service) Act 1983, a court may make a community service order as an alternative to a sentence of imprisonment or detention in respect of any individual over the age of 16 years who has been convicted of a criminal offence and who consents to the order being made. The order requires an offender to perform unpaid work for between 40 and 240 hours, usually to be completed within 12 months. The aim of a community service order is to rehabilitate the offender through the discipline of having to work in the community and the making of meaningful reparation to that community for his or her crime.
The courts already exercise wide discretion in using community service orders in dealing with people over 16 years of age who offend. It is used in practice for all age categories of offenders. My Department also funds two restorative justice projects through the probation and welfare service. These are the victim-offender service in Tallaght and the Nenagh reparation project. Both projects work closely with the community and have community representation on their management committees.
Within the prison custodial system, there is a wide range of services in place aimed at providing offenders with the means to avoid re-offending following their return to the community. The services provided include work skills, training and education and are matched, where possible, to individual aptitudes and abilities, sometimes unrecognised or untapped prior to imprisonment. In addition, a range of medical, psychological and other support services are available to assist those suffering from particular problems such as drug addiction.
As part of its commitment to rebalancing the custodial and care-rehabilitation functions in prisons, the Irish Prison Service has established a regimes directorate composed of a multidisciplinary team of staff. The formation of this directorate is facilitating the adoption of a multifaceted approach to helping prisoners to develop their sense of responsibility and encouraging those attitudes and skills which will assist them to return to society with the best chance of leading law-abiding and self-supporting lives after release. These services are also important in sustaining prisoners' physical and mental health, counteracting the detrimental effects of imprisonment, encouraging positive personal development from within and preparing for their integration into wider society as law abiding citizens on release from custody.
As indicated in the Irish Prison Service Strategy Statement 2001-2003, implementing positive sentence management is a key task for the Irish Prison Service. A scoping group to examine positive sentence management was established by the Irish Prison Service in 2003 and it will present its report to the interim board of the Irish Prison Service before the end of this year.
Elaboration of positive sentence management will involve a new orientation in the delivery of services to prisoners and a new emphasis on prisoners taking greater personal responsibility for their own development through involvement in the process of deciding which programmes and treatments they should follow. The end result should be a prisoner-centred, multidisciplinary approach to working with prisoners with provision for initial assessment, goal setting and periodic review to measure progress.