I hope the Minister of State noticed the recent report of the Irish Penal Reform Trust on an investigation of the use of padded cells in our prisons. These padded cells are strip cells and should be eliminated from prisons because if such facilities are not in place they cannot be used. It is not the staff in the prisons who want such facilities to be in place.
The survey by the Irish Penal Reform Trust shows that more than 80% of those who were put in padded cells were put there for psychiatric reasons. As a doctor, I have not heard of a recommendation that patients should be put in padded cells, such as those that are in our prisons, for the improvement of their mental health.
It has been said there are padded cells in hospitals but they are different and few in number compared to the dark, stark, frequently unpadded apartments into which these people have to be put. Frequently the walls are made of cement which means that such patients can injure themselves. There are still slopping out buckets in some of them, so there the dreadful situation can arise where a patient who is ill may smear the place with his or her faeces.
Much has been said about the psychiatric services in the prisons and the lack of them. On the last occasion the Minister for Justice, Equality and Law Reform was here, he agreed there was a serious deficit in psychiatric treatment for people who would come within the prison system. While the opening of Clover Hill Prison has made a big difference in that remand prisoners go there fairly rapidly, we must have a system whereby these people either go straight to the Central Mental Hospital or, if they are not considered dangerous, to psychiatric institutions. Having these padded cells only serves as a holding situation.
The White Paper on Mental Health recommended in chapter seven that there should be mental health courts, but unfortunately that chapter was omitted from the composition of the Mental Health Bill, which will come before the Seanad next week, and it is difficult to understand why. Separating before the courts and in custody people who are mentally ill and dealing with them differently has been found to be very successful in other jurisdictions. We should try to progress like that rather than leaving the situation the way it is. If the Department of Health and Children will not deal with these people, as it obviously is not, the Department of Justice, Equality and Law Reform, will have to make a better effort to try to ensure they get treatment rather than incarceration.
Dr. Valerie Bresnihan, the chairperson of the Irish Penal Reform Trust, visited three prisons and was shown the records for a year of those who had been put in these cells. If one was in the best of health, one would find the incarceration there very difficult. The adverse effect it must have on people who are mentally ill is dreadful.
Ireland has signed but not implemented the United Nations Universal Declaration of Human Rights, Article 5 of which, I am sure the Minister of State is aware, states that no one should be subjected to torture or to cruel, inhuman or degrading treatment. It is difficult not to feel that such a manner of dealing with these people is not a cruel, inhuman and degrading treatment of people. Because we have not ratified the treaty, it means we can delay in doing anything about it. We should ratify the treaty at once, but while we are doing that the very least we can do is shut these cells so that we cannot be used.
The patients are in solitary confinement. Recently I was approached by a man who works abroad who told me the following sad story. One of his daughters who is here became mentally ill and was arrested for a breach of the peace and brought before a court in the Dublin area by the gardaí. He could not say enough in support of the gardaí or the court. There were problems in finding his daughter's identification, so she was brought to Mountjoy Women's Prison where for three days she was kept in solitary confinement in a padded cell, got no treatment and wore only an unshredable nightdress because some of these patients have to be kept naked in case they make an attempt on their life. This position is totally unsuitable. When the man heard of the plight of his daughter and came back to Ireland the girl was transferred with the co-operation of the prison staff, the gardaí and the courts to a mental institution and all charges were dropped. This is the type of thing that is happening and I do not think anyone wants it. Our prisons would be better without these facilities for the sake of the prisons' staff and the prisoners.