Written Answers Nos. 130 - 144
130. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the way in which her Department has upheld its role within goal 5 of the national policy framework for children and young people 2014–2020 in supporting effective transitions. [9904/17]
View answerAs the Deputy is probably aware, Transformational Goal 5 of 'Better Outcomes Brighter Futures, the national policy framework for children and young people 2014 - 2020', is concerned with supporting effective transitions. As such it makes reference to children and young people experiencing transitions in a range of contexts. These include children in transition from living at home to living in a care setting such as residential care or detention.
Commitment G33 under Transformational Goal 5 is to 'Bring a stronger focus on effective transitions, particularly within education, health, child welfare and youth justice services'. The Department of Children and Youth Affairs is the lead agency with responsibility for action in relation to this commitment. The Department of Justice and Equality is also identified as having responsibility for action in relation to the commitment having regard to its responsibilities in the youth justice area. The Department's role in this regard could arise in circumstances where children and young people are being released from detention in the Children Detention Campus in Oberstown and who become subject to Probation Service supervision after their release. It could also arise in circumstances where young people are transferred from the Oberstown Campus to the Irish Prison Service upon reaching their eighteenth birthday during the course of a custodial sentence in Oberstown.
The Deputy might wish to note that the Probation Service and Oberstown Children Detention Campus have an agreed protocol on working together. This protocol promotes coordinated collaborative practices between the Probation Service and Oberstown. It provides guidance on joint working with children and young people entering detention, in detention and preparing for discharge, including periods of early discharge. Similarly, the Irish Prison Service and Oberstown have developed a protocol which addresses information sharing and promotes co-ordinated and collaborative practices between both parties in the context of transfers of young people detained in Oberstown to the Irish Prison Service as referred to above.
Accordingly, the role of the Department of Justice and Equality in relation to Transformational Goal 5, is reflected well in the collaborative approaches and practices of the Probation Service and the Irish Prison Service in their dealings with the Oberstown Children Detention Campus where children and young people transitioning from detention to other settings is concerned.
132. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the resources allocated to the community return programme; the number of prisoners who applied to and who were released, respectively, under the scheme during each year since it was established. [9906/17]
View answerThe Community Return Programme is an incentivised early release scheme co-managed by the Irish Prison Service and the Probation Service. It commenced in October 2011 and is now operational in every county and from every prison in the State. The Programme has been supported by the reallocation of resources and key personnel from within both services.
The Programme targets well behaved prisoners serving sentences of between 1 and 8 years imprisonment who are making genuine efforts to desist from reoffending. Prisoners serving sentences of less than one year are ineligible for Community Return and may instead be considered for release under the Community Support Scheme. Persons serving sentences of over 8 years generally fall within the Parole Board process. The legislative basis for making decisions on temporary release is fully set out in the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003. Each application is considered on its individual merits and in line with the legislative provisions.
A formal assessment for Community Return is undertaken when a recommendation to this effect is made following a Prisoner Review Meeting. These meetings are chaired by the Prison Governor and other attendees include representatives from the Probation Service, Psychology, Chaplaincy, Education, addiction services, other senior prison officials and a representative from Prison Service Headquarters.
The total number of releases on to the scheme, broken down by prison and covering the period from October 2011 until the end of 2016, are set out in the following table.
|
Prison |
2011 |
2012 |
2013 |
2014 |
2015 |
2016 |
Total |
|
Arbour Hill |
1 |
1 |
|||||
|
Castlerea |
5 |
6 |
11 |
8 |
8 |
38 |
|
|
Cloverhill |
3 |
0 |
2 |
1 |
6 |
||
|
Cork |
29 |
19 |
41 |
28 |
17 |
134 |
|
|
Dochas |
12 |
21 |
14 |
12 |
9 |
68 |
|
|
Limerick |
7 |
22 |
39 |
35 |
20 |
29 |
152 |
|
Loughan |
11 |
27 |
79 |
92 |
75 |
83 |
367 |
|
Midlands |
5 |
29 |
33 |
33 |
17 |
16 |
133 |
|
Mountjoy |
11 |
40 |
36 |
23 |
24 |
9 |
143 |
|
Portlaoise |
4 |
15 |
9 |
8 |
5 |
41 |
|
|
Shelton |
18 |
70 |
82 |
127 |
87 |
82 |
466 |
|
St Pats |
12 |
19 |
2 |
0 |
0 |
33 |
|
|
Training Unit |
7 |
36 |
18 |
43 |
27 |
24 |
155 |
|
Wheatfield |
7 |
13 |
26 |
25 |
14 |
18 |
103 |
|
Total |
66 |
299 |
396 |
455 |
323 |
301 |
1840 |
There were an additional 415 persons who did not progress on to the scheme having been referred for assessment. The reasons for non-progression are varied and include issues such as a lack of suitable accommodation, risk of reoffending, subsequent breach of prison discipline and previous non compliance with Probation Orders.
133. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the estimated savings the State would accrue if standard remission was increased from 25% to 33% and from 25% to 50%. [9907/17]
View answerI am informed by the Irish Prison Service that the statistics being sought are not readily available. The information is currently being collated and I will respond to the Deputy as soon as the information is to hand.
The following deferred reply was received under Standing Order 42A
There are considerable difficulties in carrying out the calculations sought on the basis of the information you provide in your Question, given the variables involved. For example, while maintenance of buildings, staff pay costs, utilities and so on are fixed costs and would remain the same regardless of the length of sentence being served by prisoners, in relation to variable cost factors such as catering, healthcare, gratuities and so on, any calculation would have to be based on the average sentence for a person in custody (which itself varies from year to year), and also take into account “life” sentence prisoners who are not entitled to remission, as well as “fines” committals who are entitled to remission but are generally released within a short timeframe. Given the considerable variables involved in such forecasting, any calculation may give an incorrect expectation of the savings that could be achieved, and in the absence of any intention at present to change the remission regime along the lines suggested in your question, it would not therefore be helpful to engage in speculative forecasting of this type.
134. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to conduct a whole system review of prison health services. [9908/17]
View answerI can advise the Deputy that on foot of the recommendations of the Committee for the Prevention of Torture following its visit of September 2014, the Irish Prison Service has been engaged with the Department of Health in relation to a fundamental review of healthcare in prisons and the provision of healthcare services in prisons generally. It has confirmed that the Terms of Reference for this review have been drafted and are to be agreed by both Departments.
135. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the number of persons within prisons here who have serious mental health conditions. [9909/17]
View answerI am advised by the Irish Prison Service that it does not record data on the aggregate number of persons in its custody who are identified as having serious mental health conditions owing to the requirement that it maintain the confidentiality of the medical records of the persons in its custody. I am advised that the National Forensic Mental Health Service does compile detailed data on persons in custody with serious mental health conditions for the HSE.
136. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the number of persons employed to deliver in-reach mental health services in Dublin, Portlaoise and Castlerea prisons; and the number of hours per week during which they deliver these services. [9910/17]
View answerI am advised by the Irish Prison Service that in-reach mental health services are available in the Dublin and Portlaoise prisons, and Castlerea prison, through collaboration with the Health Service Executive (HSE), and the National Forensic Mental Health Service (NFMHS) to provide forensic mental health sessions weekly in these prisons.
I have listed below the personnel employed by the HSE who work with the NFMHS providing in-reach Mental Health Services in Dublin, Portlaoise and Castlerea Prisons.
Cloverhill - 1.5 WTE consultant forensic psychiatrist, 2 WTE Non Consultant Hospital Doctors (NCHDs), 2 WTE Community Psychiatric Nurses (CPNs), 1 housing resettlement officer. Wheatfield - 0.2 WTE consultant forensic psychiatrist, 0.2 WTE CPN; also 0.1 WTE consultant forensic psychiatrist for 17 year olds. Mountjoy - 0.3 WTE consultant forensic psychiatrist, 0.2 WTE NCHD, 1.0 WTE CPN, 2 WTE social workers (SWs for discharge planning). Dochas - 0.2 WTE consultant forensic psychiatrist, 0.2 NCHD, 0.5 CPN.
Arbour Hill - 0.1 WTE consultant forensic psychiatrist, 0.2 WTE CPN. Midlands Prison - 1.0 WTE consultant psychiatrist, 2.0 WTE CPNs. Portlaoise Prison - 0.2 WTE consultant forensic psychiatrist. Castlerea - 0.5 WTE consultant forensic psychiatrist, 0.5 WTE CPN (started January 2017, increasing to full capacity by April 2017).
137. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the number of places the Irish Prison Service has access to in the Central Mental Hospital for prisoners who require residential mental health treatment; and the average waiting times for transfer to the hospital. [9911/17]
View answer138. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if the only option for residential treatment for a person in prison is a transfer to the Central Mental Hospital, where the person in prison requires residential inpatient treatment for a mental health condition. [9912/17]
View answerI propose to take Questions Nos. 137 and 138 together.
I am advised by the Irish Prison Service that persons in custody who require residential mental health treatment can be admitted to the Central Mental Hospital following assessment by the National Forensic Mental Health Service on the basis of assessed clinical need. The Irish Prison Service has confirmed that it has access to a limited number of places in the Central Mental Hospital for prisoners who require residential mental health treatment. The waiting list for admission is managed by the National Forensic Mental Health Service on the basis of assessed clinical need. There is currently an average of 20 prisoners each week awaiting transfer to the Central Mental Hospital and the Irish Prison Service does not record data on the average waiting times for transfer to the Central Mental Hospital.
139. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the number of persons engaging in drug treatment services in each prison; if there are waiting lists to access treatment services; and the number on each of these waiting lists. [9913/17]
View answerI have been advised by the Irish Prison Service that any prisoner who enters the custody of the Irish Prison Service while presenting with addiction issues has access to addiction services, and is actively encouraged to engage with those services. The Irish Prison Service has confirmed that the treatments available are based on the principles of best practice, and are similar to those available in the community setting.
There are 519 persons who are currently engaging with drug treatment services; the aggregate total is comprised of the following:
Castlerea - 9
Cloverhill - 91
Cork - 28
Limerick - 36
Dochas - 42
Mountjoy - 145
Training Unit - 7
Wheatfield - 69
Portlaoise - 11
Midlands - 81
There was an aggregate total of 1,793 patients who received methadone substitution treatment during 2016, and 465 patients were receiving methadone substitution treatment at 31st December 2016.
There are currently 54 persons who are on a waiting list for the Drug Treatment Programme.
140. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the cost of ensuring each prisoner resides in single cell accommodation. [9914/17]
View answerI am advised by the Irish Prison Service that figures in relation to cell occupancy levels are published on a quarterly basis on their website www.irishprisons.ie. The latest cell accommodation census was produced in January this year and showed that on 18 January 2017 there was 3,643 prisoners in custody and 2,007 (approximately 55%) had access to single cells.
It is clear, given the current number of prisoners in custody, that the Irish Prison Service is not in a position to provide single cell accommodation to all prisoners at this time. I can inform the Deputy that all committals are assessed upon arrival to prison. This assessment process also seeks to ensure that wherever possible, prisoners are accommodated in cells appropriate to their needs. Some prisoners are more suited to multi-occupancy cells, while others are more suited to single-cell occupancy. It should be borne in mind that in certain cases prisoners are housed together for reasons other than lack of capacity. Family members and friends often elect or are assigned a shared cell. Shared cell accommodation can be very beneficial from a management point of view particularly for those who are vulnerable and at risk of self-harm.
It is not possible to provide the cost of ensuring each prisoner resides in single cell accommodation as requested by the Deputy as there are too many variables to be considered in terms of building costs, new build, updating existing facilities, staff cost, services for prisoners, bedding, furniture, etc.
141. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the number of prisoners who do not currently have access to a daily minimum of 12 hours out of cell activity. [9915/17]
View answerI am informed by the Irish Prison Service that there are currently no plans to commit to a daily minimum of 12 hours out of cell activity for prisoners.
I am further advised by the Irish Prison Service that it provides a wide range of rehabilitative programmes to persons in custody that include education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and spiritual services. These programmes offer purposeful activity to those in custody while serving their sentences and encouraging them to lead law abiding lives on release. These programmes are available in all prisons and all persons in custody are eligible to use the services.
It is the aim of the Prison Service to allow prisoners to spend as much time as possible each day out of their cell or room to associate with other prisoners. Rule 27(3) of the Prison Rules 2007 states "In so far as is practicable, each convicted prisoner should be engaged in authorised structured activity for a period of not less than five hours on each of five days in each week".
In general prison cells are unlocked at approximately 8.15am each morning for breakfast. Prisoners collect breakfast and return to cells, which are then locked from 8.45am to 9.15am. Cells are again unlocked for prisoners to attend work, school , visits and exercise. Prisoners return for lunch at 12:00pm and cells are locked at 12.30pm. Afternoon unlock commences at 2.15pm and prisoners return to structured activities in schools, workshops and visits. Evening tea is served from 4pm and cells are locked from 4.30pm to 5.20pm when evening recreation commences until all cells are locked at 7.30pm. This allows for total out cell time of up to 8 hours.
142. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the number of prisoners still slopping out. [9916/17]
View answerI can advise the Deputy that with the construction of a new prison in Cork, which opened on 12 February 2016, and the refurbishment of Mountjoy prison, 98.7% of prisoners now have access to in-cell sanitation. On 27 June 2016, I launched the Irish Prison Service’s Capital Strategy 2016-2021. This ambitious programme will see the complete replacement of the outdated accommodation in Limerick and Portlaoise prisons as well as improvements across a number of other prisons. On completion of the Limerick and Portlaoise projects, “slopping out” will be completely eliminated across the prisons estate.
I am advised by the Irish Prison Service, that the number of prisoners without access to in-cell sanitation has decreased from 1,003 at the end of 2010 to just 49 on 18 January 2017 (Portlaoise 28 and Limerick 21).
143. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the resources allocated to the Irish Prison Service families and imprisonment strategy. [9917/17]
View answerI am advised by the Irish Prison Service that the implementation of the Families and Imprisonment Strategy is progressing as planned. The Irish Prison Service Strategic Plan sets out the commitment of the Irish Prison Service to strengthen family supports to facilitate on-going contact with prisoners while in custody and their reintegration post release, with appropriate supports and programmes.
The Director General of the Irish Prison Service established the Families and Imprisonment Group, and tasked the group with examining existing visiting facilities for all prisoners and in particular to address the needs of children and families as highlighted in the report published by the Irish Penal Reform Trust titled "Picking up the Pieces: The Rights and Needs of Children and Families Affected by Imprisonment".
The Families and Imprisonment Implementation Group is currently overseeing the delivery of the actions identified and is chaired by Governor Pat Dawson and includes representatives from the Childhood Development Initiative, the Psychology Service, the Probation Service, the Prison Officer's Association and Tusla. A key goal is to establish a model of through-care to parents returning to the community in partnership with Tusla and other community based organisations.
Following a period of consultation with a range of non-government organisations, the Irish Prison Service forged a partnership with the Childhood Development Initiative and the Parents Plus Charity to introduce a dedicated family and imprisonment programme on a pilot basis called 'Family Links' which commenced in Limerick Prison in September 2014 with the aim to improve the visiting experience for families, improve staff awareness of the effects of imprisonment on families, and to support the family unit with the introduction of a parenting programme.
As part of this initiative, Limerick Prison has radically changed the design for visits in the C Block. The visiting room now consists of eight round tables with four chairs around each in a warm and colourful environment. Prisoners on standard regime have access to this style of visit. Limerick Prison has also established a ‘family room’ which is available to prisoners on an enhanced regime.
Limerick Prison has worked closely with the Irish Prison Service Training College and the Childhood Development Initiative in developing and delivering a number of learning and development programmes. Training have been delivered to over 40 staff to include: (1) 'Front-of-House' training to improve customer service, and increase awareness of the challenges faced by families with a loved one in custody; (2) Family Liaison Officer training to support the prisoners in their role as parents and to co-deliver the 'Parents Plus' parenting course to prisoners; and, (3) Children First awareness training.
The Parents Plus Charity and Childhood Development Initiative have worked with the Irish Prison Service to tailor the ‘Parents Plus’ parenting programme to meet the need of parents in prison. Family Liaison Officers in Limerick Prison facilitate parenting skills course for prisoners, and ‘Bedford Row’ charity works simultaneously to deliver the parenting programme in the community. This programme has been successfully delivered to 24 prisoners.
The University of Limerick was commissioned to undertake an independent evaluation of the Limerick pilot, utilising both qualitative and quantitative methods.
I had the pleasure of launching the evaluation of the Family Links Programme on Monday 13th February, 2017 at an event in my Department. At the launch, I stated that “by improving and supporting family relationships, we can not only reduce tension and family conflict but very importantly, minimise the numbers of offenders returning to prison, which is to everybody’s benefit”.
Governor Pat Dawson who chaired the Irish Prison Service Families and Imprisonment Group stated at the launch that the Family Links Programme was implemented with the support of Childhood Development Initiative (CDI) to develop models of best practise to be implemented in Irish prisons.
The programme is currently being extended to both Midlands and Wheatfield Prisons and includes family related courses and programmes, staff training and support, community follow-up and partnership, communications and enhanced visiting facilities.
Further small capital projects are underway to enhance visit facilities across the prison estate. Funding was awarded to St. Vincent de Paul to extend their Visitor Centre facilities to Wheatfield Prison. The Irish Prison Service has allocated funding to appoint a Family Links Coordinator.
144. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the categories of prisoner currently excluded from applying for temporary release. [9918/17]
View answerI wish to advise the Deputy that the legislation governing the powers of the Minister to grant temporary release is provided for in section 2 of the Criminal Justice Act 1960 as substituted by section 1 of the Criminal Justice (Temporary Release of Prisoners) Act 2003 and as amended by section 110 of the Criminal Justice Act 2006, which grants the Minister for Justice the power to make rules for the temporary release of persons serving a sentence of imprisonment, which has been done under the Prisoners (Temporary Release) Rules 2004 (S.I. No. 680 of 2004).
Temporary Release powers conferred on the Minister are significantly curtailed for certain offences subject to minimum mandatory sentences and indefinite contempt of court. As such, the Minister does not have the legislative authority to grant temporary release for re-socialisation/reintegration, rehabilitative purposes in those cases, either directly or by delegated authority. In such case, the only applications for temporary release that can be considered by the Minister are those for the grave reason of a humanitarian nature, and any release so granted shall be only of such limited duration as is justified by that reason.
