Aengus Ó Snodaigh
Question:198 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will publish a White Paper on penal reform. [32975/04]
View answerThursday, 9 December 2004
Questions (201)
Written answers
While I have no plans to publish a White Paper on penal reform at this time, a number of significant changes to the Irish penal system are in the process of being introduced.
The Deputy is no doubt aware of the position regarding my proposals for the application of more efficient staffing arrangements in the Prison Service and the elimination of overtime. Discussions are ongoing between the Irish Prison Service and the Prison Officers' Association about eliminating overtime and reducing other costs. These discussions are close to being concluded. The Irish Prison Service is hopeful that an agreement will be finalised in the next month or so and that staff will ballot for acceptance.
New rules for the government of prisons will be introduced in the very new future. These rules, which will set out in considerable detail the full range of rights, duties and obligations for prisoners, prison staff and management, are expected to be finalised by the start of the new year. European standards for prisons have been taken into 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. Preparation of a drugs policy for the Irish Prison Service is at an advanced stage and is expected to be published early next year. The intention is that the new policy will facilitate consistent regulation and operational structure in pursuing both supply and demand reduction.
The Criminal Justice (Temporary Release of Prisoners) Act 2003 and associated rules were commenced by me with effect from 12 November 2004. The Act provides 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 provides a clear and transparent basis, as well as the necessary safeguards required, for the operation of the system of temporary release.
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 that 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.
The first commencement order under the Act was signed by the then Minister for Justice, Equality and Law Reform on 23 April 2002. The order, which came into force on 1 May 2002, provided for, inter alia, the payment of compensation by parents in respect of offences committed by their children, section 113 of the Act; a court order which would require parents to exercise proper and adequate control over their children, section 114 of the Act. On 29 July 2004, sections 78-87 of the Children Act 2001 were commenced. These sections provide for the court directed family conference which is convened by the probation and welfare service. It is expected that the first of the new community sanctions will come on stream in 2005, subject to the availability of resources.
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 have and do 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, 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 re-balancing 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.
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 early in the new 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 active engagement with both specialist and non-specialist services in the prisons. 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.
I recently announced that the capital building allocation to my Department for next year will facilitate the implementation of the prisons building and refurbishment programme to improve facilities for prisoners, including the elimination of the practice of slopping out, the reduction of overcrowding and the use of padded cells and facilitate a more cost effective operation of the Prison Service. The introduction of video conferencing facilities in Cloverhill Prison for certain court proceedings as well as for other purposes, such as legal consultations for prisoners, is also being pursued by the Prison Service.
Specifically, this allocation will enable the Irish Prison Service to commence work on the following capital projects next year: the construction of a new 150 capacity prisoner accommodation block at Portlaoise Prison. This block will also include new education, work training and other ancillary facilities. The building of new facilities at Limerick Prison will provide for education, medical and other ancillary services. The Irish Prison Service is also examining the provision of additional prisoner accommodation at Wheatfield Prison.
I hope to be in a position to make a separate announcement in the near future regarding the development of the new Mountjoy complex.