I appreciate the invitation to address the committee and the opportunity to share with it some of my recent experiences as a member of the Mountjoy Prison visiting committee. In recent times the country has been convulsed over revelations about the scandalous way in which we treated young children in industrial schools in the middle and later decades of the last century, but even as we express our outrage at those awful crimes, it is almost impossible to generate any similar emotion over the scandalous treatment this State currently metes out to thousands of our most vulnerable citizens, young and old, in our network of prisons.
For the past three years I have been a member of the Mountjoy visiting committee; a committee appointed by the Minister for Justice, Equality and Law Reform to monitor and report on conditions in the country's oldest prison. My term of office expired on 30 April. In attending this meeting I am anxious to ensure that the legislators are fully cognisant of what goes on behind the walls of Mountjoy Prison and is being perpetrated in the name of this State.
Throughout my time on the committee I have been horrified by the appalling conditions experienced by inmates in the prison and by the indifference official Ireland has shown to their plight. When I have tried to raise my concerns about what I have been witness to with representatives of the Irish Prison Service, the Department of Justice, Equality and Law Reform, certain politicians and others, I have been met with denial, indifference, obfuscation, and obstruction. This is witnessed by a complete lack of response to my correspondence, as set out in my April report which all members of the committee have received. I was particularly disappointed that the Minister did not reply to my various letters or failed to accept my invitation to visit the prison. I am now reliably informed that he intends to visit the prison for the first time as Minister on 14 June. I hope the Irish Prison Service puts the next month to good use in ensuring that the prison is spick and span for his visit.
Clearly it is a particular challenge to generate sympathy for people whose very presence in the prison is linked to criminal, anti-social behaviour, but surely as a civilised society, we owe it to what, by any definition, are amongst our most vulnerable citizens to ensure that their basic human rights are respected even while they are incarcerated by the State as punishment for their wrongdoings. I have been heartened by the response to my personal campaign in highlighting this issue. The Irish Penal Trust endorses my views as does Fr. Peter McVerry. My views are compatible with those expressed in the reports prepared and presented by the Mountjoy visiting committee to the Minister over the years. Likewise, this is also evident from the recent chaplains' report and the statements made by the two retiring governors.
We all understand that Mountjoy Prison is a Victorian prison that it is 160 years old this year. It is a prison that is totally run down, unsuitable for present needs and overcrowded. We understand that there are plans to develop a modern facility at Thornton Hall to replace Mountjoy Prison, but we also know that Thornton Hall will not see its first occupants until 2016 at the earliest. In the meantime Mountjoy Prison should be adapted to meet the present urgent needs.
Ongoing living conditions for prisoners at Mountjoy Prison are inappropriate, to say the least. Prisoners live in overcrowded cells sleeping on floors infested with cockroaches, mice, ants and other assorted vermin. Some are sleeping in shower blocks, reception and other unsuitable areas. Prisoners are forced to perform daily bodily functions in their cells in front of cell mates and slop out when cell doors are reopened. Prisoners are locked in their cells for 17 hours each day and have to eat all their meals in the same confined cell area where they sleep and perform their bodily functions. There is a 23 hour lock-up for those on protection with just one hour of possible association or recreation.
There is persistent failure of the Irish Prison Service to adhere properly to prison rules 2007. These rules were introduced and became applicable from October 2007. The worst breaches are the failure to operate and apply rule 64 regarding special observation cells. The prisoner reception area remains a disgrace. The air conditioning system has been out of order for some time; it is damaged but could be repaired. The continuous use of the windowless 8 ft. by 8 ft. cells in this area, without in-cell sanitation, is inhumane, barbaric and a disgrace. Prisoners are regularly housed overnight on mattresses on the floor with little or no supervision. This practice also occurs in the adjoining B base shower block.
The inhuman practices and other malpractices that arise, that is, constant breaches of the prison rules 2007, are due to severe and continuous overcrowding at the prison. The design capacity of the accommodation cells in the prison is 489. However the average number of prisoners incarcerated in Mountjoy Prison in recent months was close to 700.
Constant overcrowding is bad for morale, for staff and prisoners alike. As a consequence, a high level of unnecessary tension is constant at the prison. Management and staff at Mountjoy Prison deserve full praise for the sterling work they undertake in very difficult, and at times, very dangerous circumstances just to maintain order and discipline. In recent days we have learnt of the departure of two governors, Kathleen McMahon and John Lonergan, who between them have served 75 years on behalf of the State. They will be hard to replace and their knowledge, leadership and vast experience will be lost to the Irish Prison Service forever. This need not have been the situation. The Irish Prison Service did not treat them in a proper, fair and professional manner. Unfortunately, it operates a rigid, centralised control system over local management and, consequently initiative is neither encouraged or allowed.
A certain proportion of the overcrowding is caused by the imprisonment of mentally ill disturbed individuals who should receive appropriate mental health care elsewhere outside of the prison regime. Overcrowding is also due to the incarceration of individuals by the courts for failure to pay their fines or debts. Surely there must be more humane, economic and proper ways that could be applied by the courts in addressing such matters.
Rehabilitation should be one of the key objectives of the criminal justice system. Again, due to severe overcrowding at Mountjoy Prison various workshops, the school and the library are not always open at the designated times. As a consequence these services are unavailable to those prisoners who wish to avail of them. These are the very services, if they were properly provided, which might assist in reducing the extremely high rates of recidivism. Unfortunately, many prisoners are just incarcerated and warehoused.
The Inspector of Prisons and Places of Detention, Mr. Justice Michael Reilly, issued an urgent interim report in August 2009. His 41 page report contains 16 recommendations which are presented and stated as cost neutral. These recommendations, in the main, remain to be fully implemented. His main recommendation is that the maximum number of prisoners to be incarcerated in Mountjoy should not exceed 540. The Irish Prison Service has a practice of creating extra capacity by installing bunk beds. However, it fails to introduce the necessary infrastructure such as extra classrooms, workshops, kitchen facilities and so on. For the Irish Prison Service the mantra is "bed capacity"; nothing else appears to be important.
As a nation we now know only too well, to our cost, the unspeakable damage that was inflicted in the last century on many who were in the care of State institutions. There should never again be a repeat of such failure and scandal perpetrated by the State. The controls, the oversight and the legislation are all in place. It is now vitally necessary that the Irish Prison Service, the major stakeholder in the Irish criminal justice system acknowledge and honour its responsibilities to prisoners and staff at Mountjoy Prison. The Irish Prison Service mission statement states, inter alia, that its mission “is to provide safe and humane custody for people who are sent to prison”. The Inspector of Prisons and Places of Detention does not accept that this is the regime presently applied at Mountjoy Prison as he stated in his August 2009 interim urgent report that: “Mountjoy Prison cannot, at present, provide safe and secure custody for its prisoners. It is questionable as to whether the prison provides a safe environment for staff to work in”. That is an indictment. As the Chief Inspector of Prisons for Scotland said in 2005, “Defeating overcrowding in prison should be a goal of all those who want less crime.” It is important to remember that prisoners are in prison as punishment, not for punishment.