Vol. 814 No. 3
6. Deputy John Browne asked the Minister for Justice and Equality the steps he is taking to address concerns voiced by the Irish Penal Reform Trust regarding the over-use of solitary confinement in the prison system; and if he will make a statement on the matter. [39584/13]
There is no provision for solitary confinement in the Irish Prison Service. However, the Deputy will appreciate that, on occasion, it is necessary for vulnerable prisoners and others to be separated from the general prison population. The restriction of a prisoner's regime can occur due to a number of factors including, the protection of vulnerable prisoners. This is provided for under rule 63 of the Prison Rules 2007. A prisoner may, either at his or her own request or when the Governor considers it necessary, in so far as is practicable and subject to the maintenance and good order and safe and secure custody, be kept separate from other prisoners who are reasonably likely to cause significant harm to him or her.
In addition, the Governor may decide, for the maintenance of good order in the prison, to remove a prisoner from general association or structured activity to reduce the negative effect that a prisoner or prisoners may have on the general population. This is provided for under rule 62 of the Prison Rules 2007. There may also be a smaller number of prisoners who would be restricted for medical, rule 64 or discipline reasons, rule 67. The fact that prisoners seeking protection are immediately separated from the general population or from specific prisoners identified as presenting a threat, clearly demonstrates the commitment of the Irish Prison Service to ensure their safety and security.
The status of each prisoner on restricted regime within the prison system is regularly reviewed and, if possible, prisoners can be transferred to other institutions where a restricted regime would not be necessary. The Director General of the Irish Prison Service has established a high level group to consider measures which could be introduced to reduce the number of prisoners currently held on restricted regimes, with a view to ensuring that all prisoners receive, as a minimum standard, out-of-cell time of three hours per day to engage in exercise or activity.
I am very interested in the Minister's response. The Director General of the Irish Prison Service, Mr. Michael Donellan, has expressed concern about the number of prisoners who are serving their term or part thereof in isolation. On 1 July 2013, we were informed that 114 prisoners at risk were being held in isolation for 23 hours per day and a further 61 inmates were being held behind bars for 22 hours per day. The position is inhumane by any stretch of the imagination. The Minister referred to prisoners at risk. Do any other categories of prisoners find themselves in the circumstances described? What would be an effective alternative to the current position?
I congratulate the Deputy on his party's newfound concern for prisoners. For 14 years, during which hardly a person moved in this country without the Deputy's party throwing money at them-----
Is the Minister incapable of answering a question without making party political points?
-----the Government essentially ignored our prison system, left prisoners living in conditions that were indefensible and failed to build the additional prison places required or implement the reforms necessary in the prison system.
That is patently untrue.
Despite the current financial difficulties, in the past two and a half years a new wing has been built on Midlands Prison, construction is starting in Cork to provide a new prison, a new wing is being added to Limerick Prison and there has been a complete refurbishment of Mountjoy Prison. During the Deputy's party's time in government, we were told it was not possible, in any circumstances, to provide in-cell sanitation in Mountjoy Prison. We have provided in-cell sanitation in the majority of cells in Mountjoy Prison and it will be provided in cells in the prison by the middle of next year. An extraordinary prison reform agenda is being implemented and enormous changes, including the provision of an incentivised regime to encourage prisoners to behave well, have taken place over the past two and a half years. What the Government cannot do, however, is remedy instantly all the problems left behind by the failure of the Deputy's party during 14 years in government to ensure we had a modern and humane prison system.
My understanding of the parliamentary questions process is that Deputies ask questions of a Minister who responds and gives an account of how he or she manages his or her brief. I note the Minister cannot refrain from making blatantly political charges in responding to even the simplest of questions. The simple question I put was whether we are holding prisoners in isolation, to which the answer given was "Yes." I also asked if the Minister planned to address the issue of isolation but I am unsure from his response as to what his plan is.
The Minister will agree that solitary confinement is incredibly damaging and difficult for prisoners and should be avoided at all costs. In that context, I propose to ask him about the case of Aidan Hulme, a prisoner in Portlaoise prison who has been placed in what is effectively solitary confinement as a result of issues related to his serious physical and mental ill health. As a result of the amount of medication he takes, Mr. Hulme accidentally caused a fire to be started in his cell. If he had finished his sentence in Britain, he would have been on early release at this stage. I ask the Minister to examine the case of Mr. Hulme and release him from solitary confinement in which he has been placed as a result of ill health.
The Minister will be aware that the Irish Penal Reform Trust is strongly opposed to solitary confinement. The trust points out that there may be a level of restriction which, rather than solving administrative problems, becomes a mental health issue and creates a further problem for prison administration. Surely solitary confinement is an inadequate response both in terms of the administration of prisons and the well-being of prisoners.
Deputy Clare Daly and I visited Portlaoise prison during the summer where we met the governor, Mr. Martin Mullen, with whom both of us were very impressed. Does the Minister intend to proceed with plans to install in-cell sanitation at the prison? I understand this badly needed work may have been shelved owing to a lack of funds.
I will look into the matter Deputy Clare Daly has raised.
On in-cell sanitation, we should provide in-cell sanitation in all prisons where it is currently absent. We are rolling out and completing an in-cell sanitation programme in Mountjoy Prison and, subject to the resources available to me, it is my objective to ensure we address this matter in all of our prisons. One of the reasons for building a new prison in Cork and providing a better facility is the impossibility of providing in-cell sanitation in Cork Prison. During a visit to Cork Prison shortly after my appointment I observed the very difficult conditions in the prison. While the prison is very well run by its governor and many programmes are available to prisoners, its structure is not adequate for the 21st century. We are addressing that issue.
We have different categories of prisoners, namely, prisoners who pose a threat to other prisoners and those who need to be protected from other individuals. Both types of circumstances give rise to individuals effectively being on their own in prison cells for extended periods. The Director General of the Irish Prison Service has established a high level group to look at measures to eliminate solitary confinement in the prison system. The group is giving priority to reducing the number of prisoners on rule 63. This is a voluntary procedure where a prisoner at risk asks to be moved into a cell on his or her own or where there is a requirement to do so, while ensuring that all such prisoners receive, as a minimum standard, exercise activity of three hours daily. The group will also seek to formulate a policy to reduce the number of prisoners on rule 63 where isolation is imposed, in other words, where the prisoner is placed in a cell on his or her own for the safety of others, and rule 62, with a view to improving the regime they face. I look forward to the completion of this work and doing what is possible within the current structure of our prisons. This issue is being factored into any construction that is taking place to improve the prison system or in the context of the construction of new prisons.
7. Deputy Michael Colreavy asked the Minister for Justice and Equality his plans for greater co-operation in policing and justice here. [39763/13]
Co-operation in policing and criminal justice on this island is a matter in which I have taken a particular interest since taking office as Minister. This co-operation takes place across many strands and at many levels from frequent ministerial meetings to day-to-day operational interaction between the police services and other justice agencies.
I maintain very regular contact with the Northern Ireland Minister of Justice, David Ford, to address matters of shared interest and enhance co-operation on all criminal justice matters. Under the Intergovernmental Agreement on Co-operation on Criminal Justice Matters, we operate a structured framework for co-operation involving the range of criminal justice agencies on this island. The personnel from these agencies work together in bringing forward an annual work programme of co-operation. The officials from our Departments also meet regularly to assess and report to us on developments. I also meet regularly with the Secretary of State for Northern Ireland, Theresa Villiers, to address a range of matters of mutual concern, particularly with regard to the security situation. I met the Secretary of State during this week in one of our regular meetings.
There is close and ongoing co-operation between the Garda Síochána and the PSNI on all aspects of policing. The two police services operate a joint cross-Border policing strategy which has as its aims to improve public safety throughout Ireland, disrupt criminal activity and enhance the policing capability of both police services on the island. The strategy includes sections dealing with operations, cross-Border investigations, intelligence sharing and security, information and communications technology, training, human resources and emergency planning.
The two police services are jointly engaged in implementing a number of initiatives in all these areas.
Combating the paramilitary threat is a continuing priority for both police services. The Garda works seamlessly with its Northern Ireland counterparts in actively bearing down on these criminal terrorists and on the organised crime gangs to which they are inextricably linked. The Garda Commissioner and the PSNI Chief Constable place strong emphasis on the close and high quality co-operation between the two police services and its importance in combating the shared threats which they must address.
Additional information not given on the floor of the House
The joint cross-Border policing strategy recognises the particular value of interagency co-operation in certain areas, for example, in ongoing efforts to combat organised crime. A cross-Border taskforce on fuel laundering and smuggling comprising representatives from the two police forces, the two customs services, the Criminal Assets Bureau and the Serious and Organised Crime Agency has underpinned successful actions to disrupt the activities of groups involved in laundering and distributing illegal fuels. A cross-Border tobacco enforcement group is also in place to support the fight against the activities of gangs engaged in tobacco fraud.
North-South co-operation in combating crime at the policy and operational levels is both positive and dynamic. The challenges that crime presents are shared ones and joint working will continue to support and enhance our efforts to improve community safety for all communities on this island.
I thank the Minister for his response. I represent a Border constituency and we have a particular interest in co-operation between An Garda Síochána and the PSNI. I recently wrote to the chairperson of the Donegal joint policing committee and the three chairpersons of the Derry, Strabane and Fermanagh policing and community safety partnerships asking them to convene a meeting. Responsibility for policing does not stop with the police services on the island. It is the responsibility of the Minister for Justice and Equality and the local public representatives who sit on those bodies. It was an important development that followed the Good Friday Agreement. Does the Minister support the proposal that the joint policing committees, and policing and community safety partnerships along the Border corridor should meet regularly? Would he consider issuing some sort of encouragement to those bodies or doing anything else in his power to support it?
Of course I support any co-operation that is of relevance to ensuring we have effective and co-operative policing on a cross-Border basis. The policing committees are independent in their operation. It would be a bad precedent and is not appropriate for me, as Minister, to start making demands of them or issuing instructions to them. Obviously if a request has been made for them to have a joint meeting, it is a matter for those committees how they respond to that request and to consider the benefit of such a meeting in the context of its contribution to cross-Border policing.
The cross-Border policing strategy recognises the particular value of interagency co-operation in certain areas, for example, in ongoing efforts to combat organised crime. A cross-Border taskforce on fuel laundering and smuggling comprising representatives from the two police forces, the two customs services, the Criminal Assets Bureau and the Serious and Organised Crime Agency has underpinned successful actions to disrupt the activities of groups involved in laundering and distributing illegal fuels. A cross-Border tobacco enforcement group is also in place to support the fight against the activities of gangs engaged in tobacco fraud. The agencies working in co-operation have had some substantial success in the confiscation of illegal fuel and tobacco.
I welcome any progress in tackling the criminal gangs involved in diesel laundering and cigarette smuggling operating in the Border area. They are a plague on those communities and anything that can be done to confront them should be done.
Would the Minister consider having a dedicated justice stream within the North-South Ministerial Council? I know he has a good relationship with his counterpart in the North, the Minister, Mr. David Ford, MLA. There was a bit of focus recently on a particular matter and I have no problem with the decision the Minister made. On an operational basis it should have been the Chief Constable and the Garda Commissioner dealing with those matters at the two-day seminar - I have no criticism of that. In terms of the wider meetings involving himself, is that something he can consider?
The Minister, Mr. Ford, MLA, and I meet with some regularity and also talk on the phone with some regularity about particular issues when they arise. So there is no shortage of connectivity between us.
When the North-South Ministerial Council meetings were established, it was not envisaged, for reasons of which the Deputy is aware, that justice would be formally included within them. There was certainly at least one meeting if not more attended by the Minister, Mr. Ford, MLA, and me, at which there were issues of relevance to the justice area that may also have had overlapping impacts on other areas. We have informally attended meetings where necessary where there have been issues on the agenda. I am very happy to meet the Minister, Mr. Ford, MLA. We meet in Dublin and in Belfast. We have met at a variety of events. From example, from recollection the probation officers North and South have an annual seminar which alternates between North and South. We have met at those occasions. We met on separate occasions and there is no lack of connectivity between us in any respect or of any nature.
8. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which criminal activity continues to be monitored with particular reference to the number and strength of such organisations; their modus operandi including the intimidation of witnesses, lawyers and jurors; if it is considered that such gangs have successfully circumnavigated the law on bail with consequent increased influence and power; if the targeting of such gangs requires further legislation and-or action in efforts to bring to an end the litany of shootings, killings and stabbings over the past number of years; and if he will make a statement on the matter. [39814/13]
The operation of organised crime groups in this jurisdiction is monitored on an ongoing basis by An Garda Síochána. I am informed by the Garda authorities that there are two categories of organised crime groups operating within the jurisdiction. The first consists of groups that are well established and tightly structured and are involved in drug trafficking, armed robbery and firearms offences. The second category involves groups whose activities are characterised by less cohesive group structures and criminal activities which are mainly confined to Ireland. Tackling these groups remains a key ongoing priority for both the Government and An Garda Síochána. This priority is clearly reflected in the Garda policing plan for 2013.
In targeting such activity An Garda Síochána continues to develop and implement strategies to dismantle and disrupt criminal networks, utilising advanced analytical and intelligence methods to facilitate targeted intelligence-led operations. Notwithstanding the challenges faced in tackling organised crime, An Garda Síochána is unceasing in bringing those involved in this type of criminality before the courts and securing convictions.
As referred to by the Deputy, the issue of intimidation is a challenge. However, all information or complaints relating to the alleged intimidation of those involved in criminal trials are thoroughly investigated by An Garda Síochána and appropriate action is taken.
The Deputy also raised the issue of our bail laws and questioned whether they are fit for purpose. As I have previously indicated to the House, I believe that bail law must be continually reviewed to ensure that all possible avenues are taken to protect the public against the commission of crime, particularly serious crime, by persons on bail.
Accordingly, my Department has been engaged in work to consolidate and update bail law with a view to presenting a clear, accessible and modern statement of the law. In the context of that modernisation of the law, I will be seeking to restructure the law so that it has a focus on the protection of the individual and of the public. The intention is that the new proposals will provide better guidance to the courts on how such protection might be provided. I intend to bring proposals to Government on the matter as soon as possible, having regard to other legislative priorities.
Additional information not given on the floor of the House
I am also keeping under review the legislative provisions underpinning the State's response to organised crime, including the provisions of the Criminal Justice (Amendment) Act 2009, to ascertain whether any further improvements could be made in this area. A comprehensive review of the proceeds of crime legislation is also under way with a view to identifying possible improvements which would serve to strengthen the operation of the Criminal Assets Bureau.
I draw the Deputy's attention to the recently published Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013 which provides for the establishment of a DNA database. Enactment of this legislation will represent a major step forward in the fight against serious crime. I am committed to ensuring that all necessary legislative provisions are in place to support the operational actions of An Garda Síochána.
Following yesterday's publication of the CSO recorded-crime statistics, I again take this opportunity to commend An Garda Síochána on its work on behalf of our communities. The latest official recorded crime figures, which cover the 12-month period to the end of June 2013, show reductions in 12 out of the 14 categories for which figures are given, and an overall reduction of 8%, building on reductions recorded in the previous figures from the CSO.
I thank the Minister for his reply. What studies have been carried out into the use by the organised criminal gangs of so-called "mules" in carrying out their illegal activity? To what degree have such people been caught and prosecuted? How successful have follow-up operations to incriminate the gang leaders been? What documentary evidence has been retained relating to specific instances of the abuse of the bail laws by such criminal gangs and what action can be taken?
It is a matter for the courts to determine whether an individual be granted bail based on current legal provisions and if granted bail what the security for bail should be. There has been understandable concern that some individuals, who have been granted bail, commit further offences while on bail. There are certain constraints on the extent to which legislation can address that issue. That is one of the issues involved in the consideration of bringing new bail laws before this House as I mentioned earlier. That is a very particular issue and I hope it is one we can address in a particular manner when the legislation is published and enacted. Ultimately whether an individual should be granted bail or there are adequate grounds for refusing bail is a matter for the independent determination of the courts. It is a matter in which I cannot interfere.
With regard to the last response, will the Minister indicate whether there is now evidence to suggest that perhaps the law in this country might be brought into line with the law in other European countries in so far as bail is concerned in regard to those involved in criminal gang activity?
One of the issues in determining whether an individual should be granted bail, based on the current applicable law, is whether they pose a threat to an alleged victim of a crime for which they are being prosecuted or whether there is an issue of intimidation of juries. There are different laws applicable with regard to bail in different countries. There are constitutional pronouncements made by the courts of relevance in this area and it is open to the courts where a person commits a crime when out on bail to impose consecutive as opposed to concurrent sentences if they are subsequently prosecuted in those circumstances. Other relevant criminal offences arise in this context as well.
Naturally there is a wide variety of provisions in place in other countries. One of the criticisms of some countries is that individuals are held in prison for far too long pending the hearing of a criminal prosecution. That can perpetrate a particular injustice if, when the prosecution takes place, they are found not guilty. It is important that we provide a considered and proportionate response to addressing the real issues of concern in this area and that there is protection for the general community against individuals intent on continuous offending. However, at the same time it is important that we do not find ourselves in a position where a significant number of persons are held in prison on bail who are found to be innocent of the offences for which they are being prosecuted subsequently.
9. Deputy Barry Cowen asked the Minister for Justice and Equality the timeframe for the implementation of the Quirke recommendations regarding the survivors of the Magdalen laundries; if he has had discussion with the religious congregations on the compensation fund; and if he will make a statement on the matter. [39588/13]
On 25 June 2013 the Government approved the immediate implementation of a cash lump sum payment scheme based on duration of stay in laundries as recommended by Mr. Justice Quirke and tasked an interdepartmental group with giving further detailed consideration to the steps necessary to implement the other recommendations made by him, which are complicated. I have already established a special unit to process applications and determine whether applicants resided and worked in an institution covered by the scheme, the duration of their stay and the calculation of the capital sum due to be paid to them. Over 540 applications have been received to date and are being processed.
Payments cannot commence until decisions have been made on the other recommendations. I expect to receive the report of the interdepartmental group later this week and I will then bring the matter back before Government for final decision. I expect the first offers of payments of a lump sum to issue within four to six weeks of the Government decision.
I met representatives of the four religious congregations concerned in June 2013 together with my colleague, the Minister of State, Deputy Kathleen Lynch, to discuss a contribution from them to the scheme as recommended by Mr. Justice Quirke. Following reflection on the matter all four declined to make a contribution. The matter was discussed at government in July and after that discussion I wrote to the congregations expressing disappointment that they had decided not to make a financial contribution. I pointed out that the Government was of the view that the congregations have a moral obligation to do so and urged them to reconsider. Unfortunately, the congregations have since responded reaffirming their position.
The Government is to be commended on this initiative, on the priority it has given to the Magdalen survivors and the package of measures it has put in place. I welcome what the Minister has said today to the effect that he expects payments to issue in a four to six week period. Will the Minister explain the position of the enhanced medical cards to be made available to all the survivors? Has anything happened on that front? Given that the religious orders have declined, unfortunately, to make a contribution, will the money that is to form part of the compensation scheme come entirely from the Department's budget?
I dislike using clichés but the one about justice delayed being justice denied is apt in this case. Although considerable progress has been made in the recent past many women have been denied justice. A very human case has been brought to my attention. It involves a 79 year old lady in serious deteriorating health who is waiting on the payment. The payment, in the final years and months of her life, would give her financial independence. Her case was advocated in 2009. I realise that is only one case but it is one that I know about. As the Minister is aware, there are hundreds of cases like hers. I realise the Minister has received the applications but the matter will have to go to the Cabinet. When will it go to the Government? How long will it take the Government to make the decision? After that it will be a further two months.
The attitude of the religious congregations is scandalous. Will the Minister indicate whether he has considered any legislative proposals which he could bring forward to compel funding from those organisations? What consideration has he given to that?
I was about to make the same point. If they are not prepared to give the money willingly then the State should consider ways of taking it from them. Many of the survivors waiting on money simply do not have much more time. Many of them are not financially independent and it would bring a great deal of dignity to them if they could establish some financial independence in their last days. Time is of the essence.
The Government dealt with this matter in as speedy a way as possible. The committee, under the chairmanship of the former Senator, Dr. McAleese, was established in July 2011. It carried out substantial work and published a detailed report. Within a short period of the committee publishing the report it was debated in the House. Mr. Justice Quirke was appointed to look at the making of an ex gratia compensation scheme and of making other provisions for the women who were in the laundries. On 25 June 2013 the Government approved the implementation of Mr. Justice Quirke's proposals in respect of the cash lump sum. There were other recommendations, including that mentioned with regard to medical cards, which had to be furnished to the group, from whom I expect to receive the report at the end of this week with regard to detailing the steps needed to be taken to implement those provisions. For example, it is inevitable that the medical card provision will require legislation, which we will then introduce as rapidly as possible. Certain legal steps must be taken to copper-fasten what we do in this context.
I share Deputy O'Sullivan's outrage that this issue was not addressed many years ago. I was one of the Members who had expressed the view that should have been addressed long before I became a Minister. We are dealing with this with the greatest possible speed. We have received over 500 applications and we must process them carefully. We must ensure that when we receive the report decisions are made in respect of individuals that are appropriate. It is likely that cash sums will be paid out in accordance with the scheme in advance of some of the other aspects of matters being formally in place. However, we should then be in a position at the very least to advise people what other benefits will accrue to them.
It is also particularly complicated in respect of addressing certain issues not fully teased out by Mr. Justice Quirke where there are individuals affected by this who do not live in this jurisdiction. These people live in the United Kingdom or outside the United Kingdom. We are looking at how best to implement the recommendations in a manner that does not detrimentally impact on their financial circumstances in the country in which they are resident by depriving them of benefits to which they would otherwise be entitled. That is a particular difficulty.
In fairness to Deputies Daly and Wallace, I regard it as a particular disappointment that the religious congregations have not agreed to contribute to this fund. The Minister of State, Deputy Lynch and I made very clear our views and the view of the Government in this regard. There is no legal mechanism to compel them to make such a contribution. This is why I said in my correspondence to them and in reply to today's question that it was the view of the Government and myself that they have a moral obligation to do so. I am conscious that the congregations currently care for over 100 women who were in the laundries.
I am also conscious of and appreciate the full assistance and co-operation the Department is getting from them in checking records and authenticating and verifying lengths of time that individuals spent in laundries.
Thank you Minister but we are over time.
However, many people find it surprising that the congregations have not contributed in an appropriate manner to the fund.
Finally, lest Deputy Ó Fearghaíl accuses me of avoiding a question, the necessary funding to meet the scheme will be provided by the Government. As for the amounts, that matter is being discussed at Government level and between the Minister, Deputy Howlin, and myself.
Thank you Minister.
Obviously, it cannot come out of the original Department of Justice and Equality Estimates and the Government is dealing with that in a financially appropriate manner. However, I assure the Deputy the payments will be made as soon as the Government is in a position to finalise matters following on from the report I expect to receive at the end of the week.
