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Thursday, 25 Jan 2024

Written Answers Nos. 291-298

Prison Service

Questions (291)

Mark Ward

Question:

291. Deputy Mark Ward asked the Minister for Justice the number of people in prison who were on waiting lists to access addiction services as of early 2024; and if she will make a statement on the matter. [3412/24]

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Written answers

The Irish Prison Service provides a health care service for prisoners with addictions in a structured, safe and professional way in line with international best practice. The Irish Prison Service continues to be committed to, and involved with, the National Drugs Strategy in partnership with community colleagues and organisations.

It is the policy of the Irish Prison Service that, where a person committed to prison gives a history of opiate use and tests positive for opioids, they are offered a medically assisted, symptomatic detoxification, if clinically indicated.

Patients can, as part of the assessment process, discuss other treatment options with healthcare staff and those treatment options may include stabilisation on methadone maintenance for those  who wish to continue on maintenance while in prison, and when they return to the community on release. 

The Irish Prison Service engages Merchants Quay Ireland (MQI) to provide a prison-based addiction counselling service across the entire Irish Prison Service estate (with the exception of Arbour Hill Prison where there is currently no clinical need for such a service, though this will be reviewed on an ongoing basis). The addiction counselling service includes structured assessments and evidence-based counselling interventions, with clearly-defined treatment plans and goals.

The MQI service provides a range of counselling and intervention skills related to substance misuse and dependency. These skills include motivational interviewing and enhancement therapy, a twelve step facilitation programme, cognitive behavioural therapy and harm reduction approaches. Prisoners are offered one to one counselling and group work interventions.

The Irish Prison Service and MQI prioritise those that are in greatest clinical need, and work together as part of a multi-disciplinary team to manage the waiting list. MQI team leaders review caseloads with each addiction counsellor monthly to ensure that cases are closing appropriately.

There are many local variables unique to each prison which can influence how long a prisoner could remain on the waiting list to see an addiction counsellor. These factors include access to the prisoner, if they are on remand, their expected date of release, where in the prison they reside (e.g. are they on protection or non-protection), and the prisoners individual work schedule.

To manage these unique prison by prison variables, MQI are working on bespoke options.  For example, in Cloverhill Prison, MQI in conjunction with the IPS, are preparing to pilot a new triage model. This triage model aims to direct the prisoner, following assessment, to the most appropriate follow up e.g. one-to-one on site counselling, one-to-one counselling utilising online systems, or onsite group support. This will be implemented before the end of this year, and will run for an initial six-month period, followed by an evaluation. MQI also provides a full time phone line in the prison estate to provide more immediate support and reduce pressure on waiting lists.

It will also be of interest to the Deputy to know that the Prison Service published a new “Drug Strategy 2023 – 2026” in November 2023. This strategy re-affirms the Prison Service’s commitment to working steadfastly to reduce the harm of drug use within the prison population. This strategy sets out practical goals to increase support for security measures to prevent access, education and information programmes to deter trafficking, and promote drug treatment and counselling services in collaboration with government and non-government partners to help tackle the insidious threat posed by illegal drug use and trafficking.

In addition, the Irish Prison Service is developing a bespoke, peer-led recovery model to support people in custody who face addiction difficulties.  Part of this peer led recovery model will provide for co-occurring difficulties associated with mental health and addiction.

The information requested by the Deputy in respect of the number of prisoners on waiting list to access addiction services as at 22nd January 2024 is provided in the table below. 

Prison

Waiting List

Cork

116

Limerick

103

Midlands

91

Portlaoise

84

Mountjoy

130

Dóchas

47

Loughan House

25

Shelton Abbey

0

Cloverhill

45

Wheatfield

146

Castlerea

107

Total

894

Prison Service

Questions (292)

Catherine Murphy

Question:

292. Deputy Catherine Murphy asked the Minister for Justice the number of remand prisoners sharing cells with sentenced prisoners, by prison; and if she will make a statement on the matter. [3478/24]

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Written answers

I have requested the information sought by the Deputy from the Irish Prison Service. Unfortunately, it has not been possible to collate the information requested in the time allowed. I will write to the Deputy directly when the information is to hand. 

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question 292 for written reply on 25th January 2024 requesting the number of remand prisoners sharing cells with sentenced prisoners, by prison. You will recall it was not possible to provide the information requested at the time and I undertook to write to the Deputy directly when the information was available.
I can inform the Deputy that the Irish Prison Service is managing significant numbers of people held on remand or trial warrants which is contributing to pressures on prison accommodation. As the Deputy will be aware, the Irish Prison Service must accept all prisoners committed by the courts into custody and does not have the option to delay or refuse to take people into custody whether sentenced, remand or awaiting trial.
The information requested by the Deputy in respect to the number of remand prisoners sharing cells with sentenced prisoners as at 31st December 2023 is provided in the table below.

Establishment

Remand prisoners sharing cells with sentenced prisoners

Arbour Hill

1

Castlerea Prison

37

Cloverhill Remand Prison

96

Cork Prison

68

Limerick Prison (Female)

5

Limerick Prison (Male)

34

Midlands Prison

67

Mountjoy Prison (Female)

37

Mountjoy Prison (Male)

7

Portlaoise Prison

9

Wheatfield Prison

54

Total

415

I trust this information is of assistance.

Prison Service

Questions (293)

Catherine Murphy

Question:

293. Deputy Catherine Murphy asked the Minister for Justice the steps taken by her Department and the Irish Prison Service to fully screen toilets in multi-occupancy prison cells; and if she will make a statement on the matter. [3479/24]

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Written answers

The Deputy will be aware that the Irish Prison Service provides a range of accommodation across the prison estate. This includes traditional cellular accommodation in closed male prisons, including a mix of single, double, triple and multi-occupancy cells. In addition, dormitory and bedroom style accommodation is provided in open/semi open male prisons and bedroom and/or apartment style accommodation is provided in female prisons. 

All traditional prison cells across the prison estate, with the exception of the Portlaoise Prison E-Block, now include in-cell sanitation. This includes the provision of a toilet and wash hand basin and can include a modesty screen to protect the privacy of the cell user and maintain an appropriate line of sight for staff who must be able to monitor the prisoner at all times for security and safety reasons. 

I can advise the Deputy that fully enclosed en-suite toilet facilities are provided in male accommodation located at Loughan House and Shelton Abbey and for prisoners accommodated in the Training Unit and for those accommodated in the houses in the Grove semi-open prison accommodation at Castlerea Prison.

It is not possible to introduce fully partitioned toilet facilities in traditional closed prison cells as to do so would negatively impact on the availability of living space within the cell. This could lead to the requirement to reduce the capacity of a large number of cells across the prison estate, which is not possible due to the current numbers in custody and current committal trends. 

The introduction of a fully partitioned toilet in such cells would also impact on the ability of prison staff to monitor the cell occupant at all times which could impact on the safety and security of cell occupants. 

I can advise the Deputy that, in an effort to enhance to privacy for cell occupants, while using toilet facilities,  the Irish Prison Service is finalising arrangements for the installation of a new modesty curtain in multi-occupancy cells in Wheatfield Prison. This pilot project, which will be implemented in Q1 this year, will test the suitability of this new privacy curtain and will inform the best method of installation taking account of health and safety requirements. 

The pilot project aims to provide greater privacy to the cell user while maintaining the safety and security of the cell occupants. The pilot will be reviewed in Q3 2024 and, if successful, will be rolled out to other cells in the second half of 2024. 

Prison Service

Questions (294)

Catherine Murphy

Question:

294. Deputy Catherine Murphy asked the Minister for Justice the number of prison cells that do not have fully screened toilets in single and multi-occupancy prison cells; and if she will make a statement on the matter. [3480/24]

View answer

Written answers

I have requested the information sought by the Deputy from the Irish Prison Service. Unfortunately, it has not been possible to collate the information requested in the time allowed. I will write to the Deputy directly when the information is to hand. 

The following deferred reply was received under Standing Order 51
I refer to your recent Parliamentary Question Number 294 for written answer on Thursday 25th January 2024 in which you asked the Minister for the number of prison cells that do not have fully screened toilets in single and multi-occupancy prison cells; and if she will make a statement on the matter. You will recall that at the time the information requested was not readily available and needed to be collated by the Irish Prison Service. The Irish Prison Service has now advised that there are 3,376 accommodation cells across the prison estate of which 3,313 do not include fully partitioned toilets.
Fully screened in-cell toilet facilities are only available for female prisoners located in the cells of the new Limerick Female Prison (56 cells) and in 7 rooms in Phoenix House at the Dóchas Centre.
In addition, fully enclosed en-suite toilet facilities are provided in male accommodation located at Loughan House, Shelton Abbey and toilets are provided in the houses located in the Grove at Castlerea Prison. In addition, prisoners occupying the multi occupancy rooms/dormitory accommodation in the Main Houses at Loughan House and Shelton Abbey, and those occupying the rooms in the Training Unit Place of Detention, have access to fully screened toilet facilities on the landings at these locations at all times.
The Irish Prison Service provides a range of accommodation across the prison estate. This includes traditional cellular accommodation in closed male prisons, including a mix of single, double, triple and multi-occupancy cells. In addition, dormitory and bedroom style accommodation is provided in open/semi open male prisons and bedroom and/or apartment style accommodation is provided in female prisons.
All traditional prison cells across the prison estate, with the exception of the Portlaoise Prison E-Block, now include in-cell sanitation. This includes the provision of a toilet and wash hand basin and can include a modesty screen to protect the privacy of the cell user and maintain an appropriate line of sight for staff who must be able to monitor the prisoner at all times for security and safety reasons.
I am advised by the Irish Prison Service that it is not possible to introduce fully partitioned toilet facilities in traditional closed prison cells as to do so would negatively impact on the availability of living space within the cell. This could lead to the requirement to reduce the capacity of a large number of cells across the prison estate, which is not possible due to the current numbers in custody and current committal trends.
The introduction of a fully partitioned toilet in such cells would also impact on the ability of prison staff to monitor the cell occupant at all times which could impact on the safety and security of cell occupants.
I can advise the Deputy that, in an effort to enhance to privacy for cell occupants, while using toilet facilities, the Irish Prison Service is finalising arrangements for the installation of a new modesty curtain in multi-occupancy cells in Wheatfield Prison. This pilot project, which will be implemented in Q1 this year, will test the suitability of this new privacy curtain and will inform the best method of installation taking account of health and safety requirements.
The pilot project aims to provide greater privacy to the cell user while maintaining the safety and security of the cell occupants. The pilot will be reviewed in Q3 2024 and, if successful, will be rolled out to other cells in the second half of 2024.
I trust this information is of assistance.

Departmental Correspondence

Questions (295)

Niamh Smyth

Question:

295. Deputy Niamh Smyth asked the Minister for Justice to review a case (details supplied); and if she will make a statement on the matter. [3525/24]

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Written answers

I am happy to inform the Deputy that following full consideration by a Visa Officer the Visa was issued on 05 October 2023.

Entry into the State is solely at the discretion of the Immigration Officer at the port of entry. The onus is on the individuals to have all documentation relating to their reasons for entering Ireland for presentation to the Immigration Officer to gain entry. The Immigration Officer may grant leave to enter to a maximum period of three months. They may, depending on the documentation presented refuse entry to the state or grant a lesser period than three months.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie) which has been specifically established for this purpose.  This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process.  The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy's view, inadequate or too long awaited. 

Family Law Cases

Questions (296)

Catherine Connolly

Question:

296. Deputy Catherine Connolly asked the Minister for Justice further to Parliamentary Question No. 538 of 23 May 2023, the timeline for the full commencement of the Mediation Act 2017; the timeline for the establishment of the mediation council; and if she will make a statement on the matter. [3564/24]

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Written answers

On 8 December 2017, the then Minister for Justice signed the Commencement Order bringing all sections of the Mediation Act 2017 into effect on 1 January 2018 (S.I. 591 of 2017).

This Act was put in place to facilitate the settlement of disputes by mediation, to specify the principles applicable to mediation, to specify arrangements for mediation as an alternative to the institution of civil proceedings or to the continuation of civil proceedings that have been instituted; and, to provide for codes of practice to which mediators may subscribe.

The formation of the Mediation Council of Ireland is a key component of the Mediation Act 2017 and the overall development of mediation throughout Ireland. The Council will play a crucial role in promoting public awareness of mediation, maintaining and developing mediation standards – including continuous professional development – and establishing a national register of mediators.

Before a Ministerial Order can be made to designate a body as the Mediation Council of Ireland, the Mediation Council will first need to be established in its full membership of not less than eleven members, of which six, including the chair, must be public interest members. The Council must also act under its own agreed terms of association as intended by the Oireachtas under the relevant legislation.

I, as Minister for Justice, am obliged to publish any draft Order for a 30-day period of response and to bring it before both Houses of the Oireachtas for resolutions of approval before the Order can be completed. This places a high burden on all concerned to have a properly established entity in place that is sufficiently representative of mediation interests involved in the sector and that meets the minimum requirements set by the relevant legislation.

Following renewed efforts by the mediation sector to advance the proposed Mediation Council’s establishment to a stage whereby I, as Minister for Justice, can be in a position to designate the body, a plenary meeting of the sector was held in February 2023, convened by the then Legal Aid Board CEO, with officials from my Department in attendance. That meeting identified issues around structure, membership and finance that arise in the establishment of a Mediation Council, with a report on these matters prepared by stakeholders from the sector.  A significant issue identified in the Report and at the meeting was the funding structure as set out in paragraph 6 of the Schedule of the Mediation Act 2017, which provides that the Council be self-funded from fees.

In addition to having ongoing contacts with mediation sector representatives through 2023, my Department undertook to respond further with observations on the Report prepared, and did so in December 2023; providing the sector with a briefing paper setting out proposed next steps, including the planned holding of a further plenary meeting early in 2024.  Arrangements to this end are currently in train.

My Department will engage further with the sector through 2024 to support work leading to a Mediation Council being established.

Legal Aid

Questions (297)

Catherine Connolly

Question:

297. Deputy Catherine Connolly asked the Minister for Justice the current waiting times for mediation in the law centres run by the Legal Aid Board; and if she will make a statement on the matter. [3565/24]

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Written answers

The Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means in the State, in accordance with the provisions of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2017. The Act was amended by Section 54 of the Civil Law (Miscellaneous Provisions) Act 2011, which gave the Board the additional responsibility to provide a family mediation service.

Section 3(3) of the Act provides that the Board shall, subject to the provisions of this Act, be independent in the exercise of its functions.

However, to be of assistance to the Deputy, I have had enquiries made with the Legal Aid Board, and I am informed that, civil legal aid and advice is provided primarily through a network of law centres by solicitors employed by the Board. The Board operates a total of 34 full-time law centres and dedicated units along with three part-time centres, and three specialist legal offices. The Board also operates 19 family mediation centres. Eight of the law centres and family mediation offices are co-located.

The Legal Aid Board has established a number of co-located centres in Portlaoise, Kilkenny, Jervis House in Dublin, Dundalk, Letterkenny, Limerick, Tallaght and Sligo. These centres operate a full-time law centre and either a full or part-time mediation centre. Court-based family mediation services are available in a number of courts around the country, including Dolphin House in Dublin, Ennis, Carlow and Mullingar.

Information on the length of time applicants are waiting in weeks is maintained by the Legal Aid Board on an office by office basis .  The waiting times for family mediation services as of 31 December 2023, are set out in the table below provided by the Board. As of 31 December 2023, the average national waiting time for mediation was 16 weeks.

 Table: Waiting times for family mediation, 31 December 2023 (in weeks)

Location

Waiting time in weeks

Location

Waiting time in weeks

Athlone 

13

Blanchardstown

17

Carlow*  

34

Castlebar

16

Cork

13

Dolphin House*

3

Dundalk**

26

Ennis*

5

Galway

18

Jervis St**  

15

Kilkenny**  

20

Letterkenny**  

14

Limerick**

15

Mullingar* 

0

Nenagh

17

Portlaoise**  

7

Sligo

31

Tallaght   ** 

20

Tralee

13

Waterford

15

Wexford  

16

National average

16

*Court based

** Co-located law and mediation centre

An Garda Síochána

Questions (298)

Pauline Tully

Question:

298. Deputy Pauline Tully asked the Minister for Justice the number of gardaí within the Cavan and Monaghan division who have successfully completed the protestor removal course in 2022 and 2023, in tabular form; and the duration of this course. [3582/24]

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Written answers

As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. This includes all matters related to the training of Garda members. As Minister I have no role in these matters. 

I am informed by the Garda authorities that training courses available from the Garda College are provided on a needs basis, and with regard to the operational requirements of the Garda organisation.

The purpose of this course is to equip selected members with the skills and training necessary to fulfil the requirements of the National Public Order Protester Removal Team in relation to the policing of non-violent direct action protests.

To be of assistance, I have requested the information from the Garda Authorities and I am informed that records held at the Garda College indicate that no Gardaí from Cavan/Monaghan Division undertook the course referenced by the Deputy within the specified time period. 

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