I propose to take Questions Nos. 55 and 74 together.
Oversight and evaluation are important elements in developing and improving our penal system and I 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.
I consider that this CPT 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 and has favourable commentary on the conditions in healthcare facilities within its remit. While I believe that there is much we can be proud of, I fully accept that there are still a number of 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 me as Minister for Justice and for Minister Donnelly.
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.
In order the progress this matter, I met with my colleague the Minister for Health in September to lay the foundations for advancing work on this commitment without delay because I believe that a properly constituted Task Force with the support of both Departments can drive much needed transformation in this area.
It is widely acknowledged that every person with mental health difficulties coming in contact with the system should have access to comprehensive mental health support, the Deputy may appreciate that delivering on this requires considerable planning for, and implementation of, an appropriate model of care for this vulnerable group.
This will be a complex body of work with a number of cross-cutting issues that cannot be addressed in isolation.
I am pleased to say that 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. The terms of reference have been agreed in principle between the two Departments. Work is now underway to identify a chair and put in place other administrative details.
As the Deputy is aware, 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 and a detailed information and awareness campaign for prisoners on the new system will also be rolled out across the prison estate.
The Deputy may wish to note that work has now been completed on a new Block F in Cloverhill prison which is intended to be used to accommodate persons detained for immigration purposes and ensure they can be housed separately from other remand prisoners. While this will address the situation in the immediate term, work is also proceeding on the consideration of a longer-term sustainable and compliant solution.
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. It is intended that the operation, management and governance of these cells will be considered as part of this review and a clear distinction between the operation of Close Supervision Cells and Safety Observation Cells will be made. I understand that appropriate Standard Operating Procedures and training in relation to the use of both will also be implemented.
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. In addition, the Director General 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. To achieve this, and ensure the effective management of the increasing prisoner population, the Director General has developed a Prison Population Management Plan in 2019 aimed at maximising capacity within the estate, increasing the use of open centres and the use of back door strategies including structured temporary release.
The Prison Service has also conducted a full cell audit across the Prisons Estate, which included an examination of the capacity of cellular accommodation in accordance with minimum standards for multiple occupancy. As a result, approximately 135 additional beds were introduced which includes 60 in Wheatfield, 30 in the Midlands, and 40 in the Dóchas Centre.
The Irish 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 the Limerick and Portlaoise projects, “slopping out” will be completely eliminated across the prisons estate. Prior to the Budget the IPS had a capital allocation for 2021 of €21 million. The allocation of an additional €15 million brings the total allocation for this project in 2021 to €36 million. This will be sufficient to complete the Limerick Prison redevelopment project.
The CPT report also notes that a small number of prison staff are inclined to use excessive force. I am advised by the Director General that the IPS 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 Continuous Professional Development training.
While it is worth noting that the CPT report states that an accused person’s right of access to a lawyer “…continues to operate in a satisfactory manner as from the very outset of custody.”, it is also noted that the Committee recommends this right is put on a statutory basis. My Department is preparing additional legislative safeguards for the provision of legal representation in new legislation on police powers of search, arrest and detention. It is intended that this new Bill will provide for the right to have a legal representative present during questioning.
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 to include Garda stations, courts, prisons, places of transport and transit between Garda stations, prisons and courts. To this end, the 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 this Government and the IPS are fully committed to implementing the longer-term changes required to make our penal system safe, effective and responsive to the needs of all prisoners, especially vulnerable persons. 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.
