Written Answers Nos. 90-98
90. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the waiting periods for prisoners who require dental and orthodontic dental services in each prison in each of the years 2012 to 2016 and to date in 2017; and if she will make a statement on the matter. [15851/17]
View answerI am advised by the Irish Prison Service that the range of dental services available to prisoners is consistent with that available under the GMS Dental Treatment Service Scheme (DTSS) and in line with the objective of the Irish Prison Service to provide equivalence of care in relation to the provision of healthcare services comparable to that available to medical card holders in the community. Emergency dental care is provided. Orthodontic treatment is not available to persons in the custody of the Irish Prison Service.
I am further advised by the Irish Prison Service that Dental Services are provided in all prisons on the basis of an agreed contract, or service level agreement with a local provider of dental services.
The Irish Prison Service does not routinely collate information on waiting lists in the manner requested. Any prisoner who requests dental treatment is normally assessed by the prison dentist and persons in dental pain are accommodated at the next available dental clinic.
91. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of persons with disabilities who are currently serving sentences in prisons; the level and frequency of assessment and supports available to these prisoners; the way in which their needs are met in the relevant prisons; and if she will make a statement on the matter. [15852/17]
View answerI am advised by the Irish Prison Service that it deals with individual prisoners who present with a disability on a case by case basis, and makes every effort to ensure that the therapeutic needs of the individual patient are catered for in an effective and appropriate manner.
I am further advised by the Irish Prison Service that it does not record data in the format requested in this question.
The Irish Prison Service is constrained by the principle of medical confidentiality, and is not in a position to comment on the individual circumstances of the healthcare of persons in its custody. The provision of healthcare is a statutory obligation of the Irish Prison Service, and the Irish Prison Service provides Primary Healthcare Services for the assessment, treatment and care of all prisoners comparable to that available to those entitled to General Medical Services in the community and which are appropriate in a prison setting.
All prisoners are medically assessed on committal, which includes a care plan for the individual patient. Where a doctor or other healthcare professional determines that a prisoner requires treatment in an external setting following a clinical assessment, a referral can be made to the public health system. In addition, professional In-Reach healthcare services are provided as required for a range of healthcare needs.
92. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the review and monitoring she undertakes in regard to community service orders and the effectiveness of same; and if she will make a statement on the matter. [15853/17]
View answerTo date four Recidivism Studies involving the Probation Service have been carried out by the Central Statistics Office. These are available on its website - www.cso.ie.
Similar to its three predecessors, the fourth study is a detailed study of recidivism among offenders placed under Probation Service supervision, including those on Community Service Orders. This fourth study, which was published in November 2016, covers offenders placed under supervision in 2010 and demonstrates that, overall, almost 63% of offenders did not re-offend within a 3 year period of being placed under the supervision of the Probation Service. It further showed that 66.1% of offenders on Community Service Orders did not re-offend within a 3 year period i.e a recidivism rate of 33.9%. This can be compared with the previous 2009 cohort figure of 67.5% of offenders on Community Service Orders not re-offending within a 3 year period.
93. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of prison places, by prison, in 2016; the budget allocated to each prison with the comparative figures for 1996 and 2006; and if she will make a statement on the matter. [15854/17]
View answerI wish to inform the Deputy that the number of prison places available in each prison is set out in the following table for Year 2016.
|
Establishment |
Bed Capacity on 31st December 2016 |
|
Mountjoy Male |
554 |
|
Mountjoy Female |
105 |
|
Training Unit |
96 |
|
St. Patrick's |
34 |
|
Cloverhill |
431 |
|
Wheatfield |
550 |
|
Midlands |
870 |
|
Portlaoise |
291 |
|
Cork |
296 |
|
Limerick Male |
210 |
|
Limerick Female |
28 |
|
Castlerea |
340 |
|
Arbour Hill |
142 |
|
Loughan House |
140 |
|
Shelton Abbey |
115 |
|
Total |
4,202 |
Individual prisons do not have a separate budget allocation. Instead each budget area is managed centrally by the appropriate Directorate in Irish Prison Service Headquarters. In 2016 the gross budget allocated to the Irish Prison Service was €332.058m, the equivalent figure in 2006 was €389.572m and in 1996 the equivalent figure was €150.997m (£118.920m).
94. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the total Exchequer allocation to provide prison placements in each of the years 1995, 2005 and 2015; and if she will make a statement on the matter. [15855/17]
View answerI am advised by the Irish Prison Service that the total gross exchequer allocation to provide prison placements in 2015 was €332.182m. The equivalent figure in 2005 was €353.557m and in 1995 was €127.638m (£100.502m).
95. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of prisoners, by prison, who were granted temporary release in 2015, 2016 and to date in 2017; and if she will make a statement on the matter. [15856/17]
View answerI can advise the Deputy that the number of prisoners granted temporary release, by prison, for the years 2015 and to date in 2017 is set out in the following table.
|
Establishment |
2017 (Year to date) |
2016 |
2015 |
|
Arbour Hill |
13 |
26 |
16 |
|
Castlerea |
136 |
912 |
989 |
|
Cloverhill |
10 |
54 |
68 |
|
Cork |
246 |
1,502 |
2,001 |
|
Dochas |
244 |
1,165 |
1,354 |
|
Limerick Female |
90 |
952 |
1,036 |
|
Limerick Male |
179 |
1,143 |
1,053 |
|
Loughan House |
15 |
29 |
48 |
|
Midlands |
208 |
1,315 |
1,461 |
|
Mountjoy |
445 |
1,796 |
2,163 |
|
Portlaoise |
17 |
48 |
46 |
|
Shelton Abbey |
14 |
27 |
31 |
|
St Patrick's Institution |
1 |
12 |
13 |
|
Training Unit |
52 |
100 |
99 |
|
Wheatfield |
69 |
264 |
389 |
|
Total |
1,739 |
9,345 |
10,767 |
The Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003 provides that sentenced prisoners may be approved temporary release whether it be for a few hours or a more extended period. The Act sets out the circumstances when temporary release may be provided and what matters must be taken into account.
Candidates for temporary release are identified by a number of different means but primarily on the recommendation of the Prison Governor or the therapeutic services in the prisons. The prisoner, their family or their legal representative can also apply for consideration of such a concession. Recommendations are also made to me in relation to long term sentence prisoners by the Parole Board. It is very important to note that it does not necessarily follow that a prisoner will receive temporary release even if the recommendation is to that effect. Before a final determination a number of factors may be taken into account including:
- the nature and gravity of the offence to which the sentence being served by the person relates
- the sentence concerned and any recommendation made by the Court in relation to the sentence imposed
- the period of the sentence served by the person
- the potential threat to the safety and security of the public should the person be released
- the person's previous criminal record
- the risk of the person failing to return to prison at the expiration of the period of temporary release
- the conduct of the person while in custody or while previously on temporary release
- any report or recommendation made by the Governor, the Garda Síochána, a Probation & Welfare Officer, or any other person whom the Minister considers may be of assistance in coming to a decision as to whether to grant temporary release
- the risk that the person might commit an offence during any period of temporary release
- the risk of the person failing to comply with any of the conditions of temporary release
- the likelihood that a period of temporary release might accelerate the person's reintegration into society or improve his prospects of obtaining employment.
Temporary release assists in gradually preparing suitable offenders for release and in administering short sentences, and is an incentive to prisoners. It is an important vehicle for re-integrating an offender into the community in a planned way. The generally accepted view is that the risk to the community is reduced by planned re-integration of offenders compared with their return to the community on the completion of their full sentence. Each application for temporary release for whatever reason, including those referred to in your question, is examined on its own merits and the safety of the public is paramount when decisions are made.
In addition, all releases are subject to conditions, which in the vast majority of cases include a requirement to report on a daily basis to the offender's Garda Station. Of course, any offender who breaches his or her conditions may be arrested and returned to prison immediately by the Gardaí or may be refused another period of reviewable temporary release.
96. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of prisoners granted one third remission, by prison, in each of the years 2012 to 2016 and to date in 2017; the process of decision making on such applications; and if she will make a statement on the matter. [15857/17]
View answerI am advised by the Irish Prison Service that all prisoners who are sentenced to a term of imprisonment, with the exception of prisoners without a determined sentence eg. life sentence prisoners, qualify for one quarter remission on the basis of good behaviour. In addition, prisoners who have engaged in authorised structured activity may apply to receive enhanced remission of greater than one quarter but not exceeding one third of their sentence. In order for a prisoner to be granted enhanced remission, I must be satisfied that the prisoner is less likely to re-offend and is better able to re-integrate into the community.
The principles governing the awarding of enhanced remission are contained under Rule 59 of the Prison Rules 2007 to 2014 (S.I. No. 252 of 2007 and S.I. No. 385 of 2014). For all applications, the following factors are considered -
- the manner and extent to which the prisoner has engaged constructively in authorised structured activity
- the manner and extent to which the prisoner has taken steps to address his or offending behaviour
- the nature and gravity of the offence to which the sentence of imprisonment being served by the prisoner relates
- the sentence of imprisonment concerned and any recommendations of the court that imposed that sentence in relation thereto
- the period of the sentence served by the prisoner
- the potential threat to the safety and security of members of the public (including the victim of the offence to which the sentence of imprisonment being served by the prisoner relates) should the prisoner be released from prison
- any offence of which the prisoner was convicted before being convicted of the offence to which the sentence of imprisonment being served by him or relates
- the conduct of the prisoner while in custody or during a period of temporary release
- any report of, or recommendation made by the Governor of the prison, an Garda Síochána, any probation officer or any other person whom I consider would be of assistance in enabling me to make a decision on an application.
Information prior to 2014 regarding enhanced remission application is not available. I am advised that the Irish Prison Service introduced a database in 2014 to track the number of applications and decisions for enhanced remission up to one third remission. The current number of granted enhanced remission by year and by prison is set out in the following table. Decisions regarding applications for enhanced remission under the Prison Rules are generally made by Irish Prison Service officials on my behalf.
|
Prison |
2014 |
2015 |
2016 |
2017 |
|
Arbour Hill |
0 |
0 |
1 |
0 |
|
Castlerea |
1 |
4 |
4 |
0 |
|
Cloverhill |
0 |
0 |
0 |
1 |
|
Cork |
1 |
12 |
9 |
0 |
|
Dochas |
1 |
5 |
10 |
0 |
|
Limerick |
0 |
2 |
1 |
1 |
|
Loughan House |
2 |
8 |
22 |
8 |
|
Midlands |
3 |
14 |
12 |
1 |
|
Mountjoy |
3 |
55 |
12 |
2 |
|
Portlaoise |
0 |
1 |
1 |
0 |
|
Shelton Abbey |
4 |
16 |
30 |
5 |
|
Training Unit |
9 |
24 |
23 |
7 |
|
Wheatfield |
1 |
40 |
13 |
0 |
|
Total |
25 |
181 |
138 |
25 |
(Figures as of 27 March 2017)
Note previous PQ answer 29835/15 indicated a figure of 180 for Year 2015 which has now been amended to 181 upon further examination of cases.
97. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality further to An Garda Síochána's statement of 24 March 2017 regarding the number of drivers breathalysed and the numbers recorded, whereby it was stated that concerns around accuracy arose following breath tests at road traffic collisions, if she will report on the exact causes which gave rise to these concerns and the discrepancies that were discovered from the scenes of RTCs; and if she will make a statement on the matter. [15873/17]
View answerI understand from the Garda authorities that the reference mentioned by the Deputy arose in relation to the issue that at the time in question there was no facility on the PULSE system to properly record the reason(s) why breath tests at Road Traffic Collisions may not have been taken. I am advised that the necessary facility was subsequently added to the PULSE system to enable reasons to be recorded. The Deputy will appreciate that this is a separate issue from the concerns that have arisen in relation to roadside testing and I understand that An Garda Síochána have no similar concerns about the recording of statistics in relation to tests taken at RTCs.
98. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality the steps she is taking to address the long delays in the processing of persons in the direct provision system; if she is satisfied with the current system for housing those seeking asylum; her views on whether it is appropriate for this to be run on a for-profit basis; the steps she is taking to improve the system; and if she will make a statement on the matter. [15875/17]
View answerOn 23 February last, Minister Stanton and I published a report showing further significant progress in implementing the recommendations of the Report of the Working Group on Improvements to the Protection Process including Direct Provision and Other Supports for Asylum Seekers. Some 92% of the Report's 173 recommendations are now implemented, partially implemented or are in progress, a significant increase on the 80% figure reported when the first audit of progress was published last June. Details of progress on all of the 173 recommendations are available in the audit report which has been posted on my Department's website and on the website of the Irish Naturalisation and Immigration Service. In conjunction with the implementation of the recommendations of the Working Group, my Department is implementing the commitment contained in the Programme for a Partnership Government to reform the Direct Provision system within two broad themes: commencement of the International Protection Act 2015 and improvements to RIA accommodation.
The International Protection Act 2015 was commenced on 31 December 2016. The new single application procedure under the Act, will, in time, significantly accelerate the protection determination process by dealing with all aspects of a persons claim for protection and humanitarian leave to remain at the same time and by extension will reduce the length of time which applicants spend in State provided accommodation.
Figures prepared for consideration by the Working Group to Report to Government on Improvements to the Protection Process, including Direct Provision and other supports for Asylum Seekers in 2015, showed that there were some 2,695 persons in Direct Provision accommodation for three or more years at that time. Recent analysis has shown that this figure has now been reduced by 55%, to 1,204 persons. Similarly, the number of persons in Direct Provision accommodation for five years or more has been reduced by 58%, from 1,946 persons to 811 persons. Of those persons, less than a third - or 251 persons - were estimated to be awaiting a final decision on their application. For one reason or another, such as ongoing judicial reviews, the vast majority of these cases were found to be unprocessable and experience has shown that practically all cases over five years in the Direct Provision accommodation system that could be processed have now been processed. This was a major achievement and has impacted directly on the lives of a large number of persons in the protection and related systems. The balance of the 811 persons either had a deportation made against them or were granted status. Recently, a number of NGOs have been awarded monies under the EU's Asylum, Migration and Integration Fund (AMIF) specifically to provide assistance for those with status to move out of State provided accommodation.
In addition, a number of the Reports recommendations aimed at improving conditions in the Centres are being rolled out. These include:
- The introduction of full independent living at the Mosney Accommodation centre - each family will be provided with their own fresh food to their liking so they may prepare meals themselves. The new home cooking arrangements in Mosney went live on 23 January 2017.
- The installation of residents’ kitchens in a number of accommodation centres to provide for home cooking by residents and their families;
- Cooking facilities will be rolled out to other centres including the State owned centres (Killarney, Tralee, Athlone, Knocklisheen in Limerick and Kinsale Road in Cork) and to Ballyhaunis, Millstreet, St Patrick’s in Monaghan and any other centres in which families are resident.
- A complete refurbishment of each accommodation unit (triple glazed windows and doors and refurbished interiors) at the Athlone Accommodation Centre;
- Improvements to a number of outdoor playgrounds and football pitches to provide for ‘all-weather’ facilities.
- Teenagers rooms in centres to provide social areas for this age group.
Recommendations of the Report of the Working Group that involve structural changes or improvements will be implemented as quickly as possible, with due consideration of possible fire safety, building regulation and planning issues.
Other improvements to the system include changes introduced by the Minister for Education and Skills to improve access to third level education and the increase in the weekly payments for children by the Minister for Social Protection.
In addition, as I recently announced, the remits of the Ombudsman and the Ombudsman for Children are being extended to cover those who are living in State provided accommodation.
With regard to the way that Direct Provision Centres are operated, my Department has recently sought expressions of interest from persons and businesses who are in a position to provide full accommodation and related services to persons seeking international protection. It is of course open to any contractor or NGO (or group of NGOs) to seek to provide this accommodation and related services. I would welcome applications from groups or organisations who have expressed concerns about the standards in Direct Provision to submit their proposals to provide, run and manage such centres. In other EU Member States, reception centres are quite often managed by NGOs in partnership with the State. We have not, to date, received any expressions of interest by an NGO or an NGO group to manage an accommodation centre in Ireland. While the financial details of any such contract are not published for reasons of commercial confidentiality, historic details of the values of contracts are published by my Department each year on the web page of the Reception and Integration Agency at www.ria.gov.ie. Accommodation centres are contracted following established procurement procedures and prices paid to contractors for full board or self catering / cooking, including light, heat, utility costs etc represent good value for money.
