Seanad Éireann debate -
Thursday, 7 May 1998

Vol. 155 No. 10

Adjournment Matter. - Prison Service.

Ms Keogh

I thank the Minister of State at the Department of Justice, Equality and Law Reform, Deputy Wallace, for coming to the House and I appreciate the opportunity to raise this matter. The latest report of the Mountjoy Prison Visiting Committee confirms that the prison system is in an appalling state. The report paints a grim picture of conditions within the prison walls. There is a population of 740 at times in a prison built for 450, increased drug taking and a higher incidence of violence, depression and the spread of infectious illness. The report concludes that approximately 100 prisoners should be in psychiatric hospitals.

It raises other alarming issues which provide plenty of food for thought. Significantly, in the context of this issue, the report talks about the near despair of the Governor at the lack of response to these reports by the Department of Justice, Equality and Law Reform. I have to stress here what people often refer to as the "permanent government" and the Department is very culpable in this regard. In any democratic society the prison service has a vital role to play in combating crime and protecting the citizen. Along with the courts and the Garda it is one of three legs on which our system of law and order stands. Failure in any area threatens the entire structure.

I am primarily concerned with the commitment contained in "An Action Programme for the Millennium" to establish an independent prisons authority and a prisons inspectorate. There are major problems with regard to public accountability of our prison system. Nobody knows who runs it and there is no in-depth analysis of the efficiency and effectiveness of the service. No indicators are set down against which management performance can be assessed. There are serious questions about the strategic management of the service. It has failed to respond to the sharp increase in serious crime over recent years and to the changing nature in crime, particularly the impact of drug abuse on criminality.

A major programme of reform is needed which would set as key objectives improved management, efficiency, accountability and standards of prisoner welfare and rehabilitation. This is not to take away from the Minister's commitment to additional prison spaces. We are talking about the way the system is run. The Progressive Democrats Party has long held the view that reforms cannot take place within current structures. We wish to see the establishment of an executive agency which would be autonomous and wholly independent of the Department. The head of the new agency could be directly accountable to the Oireachtas Committee on Legislation and Security. Of course, the Minister would retain responsibility for overall prisons policy.

The delegation of certain tasks to executive agencies makes eminent sense. We will soon see the establishment of the independent courts service and I have no doubt this will do immeasurable good for the administration of justice. I am not sure that is overwhelmingly embraced by the Department. The same benefits would accrue to our system of detention if it were under the control of an independent agency. Such an arrangement is the norm in many countries. I urge the Government to take on this project. How many visiting committee reports are needed to remind us of the complete inadequacy of our current approach to prisons? Action is needed now.

Minister of State at the Department of Justice, Equality and Law Reform (Miss M. Wallace)

I thank Senator Keogh for raising the important issue of examining the urgent need to establish an independent prison service board to tackle the growing crisis in our prisons. I am speaking on behalf of the Minister for Justice, Equality and Law Reform, Deputy O'Donoghue, who is attending the Annual Delegate Conference of the Prison Officers' Association in Killarney today.

The Government in its Programme for Government made a wide range of commitments in this area including the establishment of an independent prisons authority to administer the country's prison system. First, however, the Government undertook in its programme to tackle perhaps the most fundamental problem in the system — overcrowding, which was also referred to by Senator Keogh. The Programme for Government included a commitment to provide 2,000 additional prison places over the life of the Government, including 1,000 prison places within the first two years. As Senator Keogh has pointed out, we are well on course to meeting this commitment. The new spaces, which will include a new 400 place remand prison at Wheatfield, will alleviate many of the existing problems which undermine the effectiveness of the service, such as the early release of prisoners due to lack of space and many other concerns regarding the Prison Service.

With regard to the question raised by Senator Keogh of the need for an independent prisons authority, under the strategic management initiative process the Department of Justice, Equality and Law Reform, in conjunction with local management of the prison service, has been working on the administrative arrangements to allow the authority to be set up. This transition work will involve such matters as putting in place appropriate systems such as IT systems, financial management systems, support for management development and, of course, on-going consultation with staff associations, etc. The necessary legislation will be prepared in due course in the Department — a process which will be considerably assisted by the draft outline heads of a prison service Bill contained in the original expert group report. This legislation may also address two other important commitments on the reform of the Prison Service contained in the Government programme, namely, the establishment of an independent parole and remission board and the appointment of a prisons inspectorate though, if necessary, the parole board and the prisons inspectorate could be dealt with in separate legislation.

I can confirm to Senator Keogh that, early in December, the Minister announced that he had received Government approval to proceed with the appointment of an interim board to drive forward the intensive preparations required to effect the transition to the authority, pending the enactment of legislation to establish the new structure on a statutory basis. There are still some detailed matters surrounding accountability for the Prison Service, and the Minister will be bringing proposals to Government shortly to address these matters. I expect the interim board will be appointed in the very near future. Legislation will be brought before Government following the establishment of the interim board.

I might briefly mention, on other related matters, that an expert review group on the probation and welfare service is to report to the Minister later this year. The findings of this group will help inform policy on an overall approach to the management of offenders. Non-custodial options have an extremely important place in aiding the reform of the Prison Service and putting some restraint on the high costs of keeping offenders in custody through the development of viable altenatives to custody for some offenders who might, as things stand, end up in prison.

In tandem with the transition to an authority, the Minister is fully aware of the need for on-going reform of the Prison Service and, in conjuction with the Government's commitment to the strategic management initiative, issues like delegation of accountability and responsibility, customer service, value for money and cost effectiveness, management of performance and so on will all fall to be addressed as part of the root and branch reform of the system. These matters are also the cornerstone of the Partnership 2000 Agreement. The investment over the next three years in computer systems for the prisons is further evidence of the Government's and the Minister's commitment to the modernisation of the Prison Service. While it is important that this investment in change and modernisation yields economic dividends, it is equally important that the Prison Service which emerges from all of this will be a service that serves the best interests of the community and inmates alike.

I thank Senator Keogh for raising this important issue and I hope she understands the reason for the Minister's absence.

The Seanad adjourned at 4.45 p.m. until 10.30 a.m. on Friday, 8 May 1998.