Dáil Éireann Debate, Wednesday - 9 December 2020
182. Deputy Steven Matthews asked the Minister for Justice if her attention has been drawn to concerns recently reported by the Council of Europe’s Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. [42287/20]
View answerI welcome the recent publication of the report from the Council of Europe Committee on the Prevention of Torture (CPT), together with the responses returned by Ireland in respect of the issues raised by the Committee.
This report is perhaps the most positive account on Ireland since the process began in 1987 in that it recognises the progress which has been made on long standing issues such as health care and overcrowding in prisons. However, I fully accept that there are still a number of important long standing issues which need more work to be resolved and I understand this is where the focus must be.
One area highlighted by the Committee for immediate attention is how the complex needs of people with mental health difficulties who come into contact with the criminal justice system are provided for. The whole area of how criminal justice and public health, especially mental health, intersect and how to best provide the most appropriate service is a priority for the Government.
It's priority status is acknowledged in the Programme for Government in that it commits to establishing a high-level cross-departmental / cross-agency taskforce to consider the mental health and addiction challenges of those imprisoned, and primary care support on release. I met with my colleague the Minister for Health in September to lay the foundations for advancing work on this commitment. Collaboration with the Department of Health on the development of Terms of Reference and structure for the establishment of the Task Force is now at an advanced stage and work is now underway to identify a Chair and put in place other administrative details.
A range of other matters have also been raised by the Committee in the report and I am pleased to say that a significant amount of work is underway to address the concerns raised.
The IPS will be implementing a new prisoner complaints system before the end of 2020 which, when bedded down, will include an oversight role for the Ombudsman.
In relation to the use of Close Supervision Cells and Safety Observation Cells, the IPS has already commenced, in conjunction with officials working on the development of penal policy in my Department, a review of the Prison Rules taking account of the most recently published Council of Europe European Prison Rules which includes the operation, management and governance of these cells.
On the issue of overcrowding, the Deputy may wish to note that my Department is undertaking a number of actions regarding the consideration of the greater use of alternatives to imprisonment. The DG of the IPS is committed to ensuring that any person committed to custody is, in so far as possible, provided with a permanent bed in a prison cell. A Prison Population Management Plan was developed in 2019 to maximise capacity, increase the use of open centres and the use of back door strategies including structured temporary release.
The Prison Service’s Capital Strategy 2016-2021 outlines plans for 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 these projects, “slopping out” will be completely eliminated across the prisons estate.
The Prison Service is committed to ensuring that the use of force by staff is restricted to situations or circumstances where is it deemed reasonable and necessary and that a number of safeguards are in place to ensure staff operate within the necessary procedures and rules. I understand that staff regularly receive updated training on de-escalation and the use of physical force as part of their annual training.
I am pleased to say that we have committed in the programme for Government to ratifying the Optional Protocol to the Convention Against Torture (OPCAT) before the end of 2021. In that regard, a single National Preventative Mechanism for the Justice Sector will be introduced and a General Scheme of the Places of Detention Bill is being drafted with a view to securing Government approval in early 2021.
Finally, I would like to reassure the Deputy that while there is unlikely to be quick fix solutions to some of the issues highlighted by the CPT, we will continue to work intensively together to ensure all people get the care and support they need from our system.
