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Dáil Éireann díospóireacht -
Friday, 19 Jun 1936

Vol. 62 No. 19

Committee on Finance. - Vote 34—Prisons.

I move:

Go ndeontar suim ná raghaidh thar £50,024 chun slánuithe na suime is gá chun íoctha an Mhuirir a thiocfaidh chun bheith iníoctha i rith na bliana dar críoch an 31adh lá de Mhárta, 1937, chun Costaisí Príosún, na Fundúireachta Borstal, agus coinneáil-suas na nGealt gCuirpthe a coinnítear in Oispidéil Mheabhar-Ghalar Cheanntair. (17 agus 18 Vict., c. 76; 34 agus 35 Vict., c. 112, a. 6; 40 agus 41 Vict., c. 49; 47 agus 48 Vict., c. 36; 61 agus 62 Vict., c. 60; 1 Edw. VII, c. 17, a. 3; 8 Edw. VII, c. 59; agus 4 agus 5 Geo. V, c. 58).

That a sum not exceeding £50,024 be granted to complete the sum necessary to defray the Charge which will come in course of payment during the year ending on the 31st day of March, 1937, for the expenses of Prisons, the Borstal Institution, and the maintenance of Criminal Lunatics confined in District Mental Hospitals. (17 and 18 Vict., c. 76; 34 and 35 Vict., c. 112, s. 6; 40 and 41 Vict., c. 49; 47 and 48 Vict., c. 36; 61 and 62 Vict., c. 60; 1 Edw. VII, c. 17, s. 3; 8 Edw. VII, c. 59; and 4 and 5 Geo. V, c. 58).

Will the Minister make any statement?

Mr. Boland

I shall do so if the Deputy wishes.

We do not wish to inconvenience the President of the Executive Council and I understand that certain of his Estimates are coming after this.

Mr. Boland

Well, the President did expect that his Estimates would be reached.

I think it is unlikely that we would reach them in time to justify asking him to make a statement now. We would be glad to accommodate the President and, perhaps, adjourn as soon as this Vote is disposed of.

Mr. Boland

Very well, then. I shall read the statement, which is as follows:

"In this Estimate provision is made for the staffing and upkeep of the prisons under the control of the Department of Justice and for the maintenance of the prisoners detained therein. These prisons are: Mountjoy (male and female); Portlaoighise (male convicts); Cork; Limerick; Sligo; the minor prisons at Waterford and Galway. Provision is also made for certain expenditure which is a statutory charge on the Vote, such as the cost of escort and conveyance of prisoners and the cost of maintenance of Criminal Lunatics detained in District Mental Hospitals. Provision is made for an estimated daily average of 615 prisoners—including Borstal Inmates —as compared with 625 provided last year. The daily average number of prisoners for the year 1935 was 617 as compared with 632 for the previous year.

"In sub-head A—Pay and Allowance of Staff—there is an increase of £1,486 which is almost entirely due to an estimated increase of £1,188 in the Cost-of-living bonus and to a new provision of £225 required to meet the employers' contributions under the Widow's and Orphans' Pension Act. There is no material alteration in the staff provided for. The only other sub-head which calls for special observation is sub-head G—costs of escort and conveyance of prisoners. This estimate was prepared some months ago and the increased amount provided for was estimated on the basis of the actual expenditure under this heading for the previous year which exceeded the provision made therefor in the previous estimates. The figures now available show, however, that the expenditure under this heading has been falling during the past six months, as a consequence of the improved conditions in the country, and it is anticipated that with a continuance of this improvement the greater portion of the increased provision of £1,000 will not be required.

"A new sub-head H.1. provides £200 for the purpose of having electric light installed in the Prison Cottages at Mountjoy. There are no material variations in the other sub-heads. As the Deputies are aware, an annual report on prisons, including various statistical tables, is published by the Department and copies are laid before this House."

Unfortunately this branch of the administration is one which does not get must attention, as people do not take much interest in it, but I wish to ask the Minister what his views are on the desirability of instituting a Borstal Institution for women. No doubt the Minister is aware that the Minister for Education set up a Commission, presided over by Mr. Cussen, the Senior Justice, to inquire into the general question of reformatories and industrial schools, and at one time there was a suggestion that that Commission might go further afield and examine the Borstal question as well. I do not know whether that Commission has reported but up to a month ago the Minister for Education had not received the report. The present situation is that if a girl is arrested and convicted on evidence given before a court of summary jurisdiction, the court frequently finds itself in this difficulty, that it must either send her to prison or release her unconditionally. A girl can be asked before the court decides whether she will be sentenced to imprisonment, if she will undertake to go to a certain home if the Probation of Offenders Act is applied. Even if she goes to such a home, and gets the benefit of the Probation of Offenders Act, she can immediately afterwards break the undertaking and leave the home. The circumstances surrounding these cases are not present to the mind of most people who have not addressed themselves to an investigation of the general conditions governing prison requirements in connection with courts of summary jurisdiction. I am assured by responsible justices that if these girls were taken away from their home surroundings, and placed in the care of prudent people they would get out of the trouble into which they had got and be put back on the right road, and very often after a period of three or four years careful training, could make a decent livelihood, whereas if sent to prison they would be irreparably destroyed. In the alternative if mercy is shown and a girl is released, she may drift to the streets or fall into the hands of people who are her enemies. While the court missionary is there it is not always possible to deal with people of 17, 18 or 19 years of age effectively through the machinery of the court missionary.

At first glance one is reluctant to advocate the establishment of borstals, because they are associated in the mind of the public with all sorts of unpleasant things, but the alternative, in many cases, is jail, when we begin to envisage borstals on their merits. The only place that a borstal has been established for women is in Great Britain where I am informed it has been an unqualified success. The whole object of that institution has been the reform, education, and training of the inmates. Naturally discipline in a borstal is stricter than in an industrial school or a reformatory, because the persons who go there are between 17, 18, or 19 years of age, and are usually much more difficult persons to deal with than children who are incorrigible and are sent to industrial schools and reformatories. It is a mistake to think that a borstal is a punitive institution. Whatever punitive element it may have, its application to women is almost exclusively one of reform, and, as far as reports of the system in Great Britain show, it has been beneficial. Two or three books have been written on the subject and have, I am sure, been brought under the notice of the Minister. The acting Minister may not have perused them, but the results have been beneficial and of great assistance in the administration of law. I should be glad to hear from the Minister whether he could see his way to make a borstal experiment for girls in this country. Naturally, it would cost money, but when it is a choice of sending girls to jail or reforming them, by putting them on the right road again, we should not hesitate to spend whatever money may be necessary to achieve that purpose. I have no doubt once the Government made up its mind that such a borstal was necessary they would not hesitate to come to the House for the money.

I should like to know from the Minister how he feels about the borstal institution for youths. We had two reformatories but the difficulty is that reformatories are part of the Vote of the Minister for Education. I want to submit now that one of two things should be done, either reformatories should be taken under the Department of Justice or the borstal institution put under the Department of Education. In my opinion the reformatories ought to be done away with and we ought to have a system of schools for convicted persons, in which event I think they ought to be administered by the Department of Education. It is a wholly evil system to have divided authority, as we have in respect to reformatories, and further to divide the system of places of detention for young persons makes it extremely difficult to view the whole problem as it ought to be viewed. Frequently you find a young person convicted in a court of summary jurisdiction, and it is a question for the justice to say whether that young person is to be sent to a reformatory or to an industrial school. It is very hard to examine the problem as it ought to be examined with such division of responsibility. We have only one borstal for boys and I should like to hear from the Minister his views as to the success which has attended that institution up to the present. I want to submit that his problem of borstal administration is one of great difficulty and would take all the precautions which devolve upon a Government to take and be no easy task.

I feel that in a country like this where 90 per cent. of the population is Catholic, we ought to consider seriously placing the borstal institution here in charge of a religious order, which deliberately consecrated itself to the mission of reforming youth. There is an order in the Catholic Church founded by Dom Bosco, the Salesians, whose sole vocation in life is looking after that type of persons who ordinarily find their way to a borstal home. Nevertheless, we are bound to recognise that in a borstal or institution of that kind we must provide for our fellow countrymen who do not share our faith. That could be overcome by appointing chaplains from other denominations in institutions of the kind. I am not sure if that would meet the situation. If not, I recognise that the Minister will have special difficulties to overcome, because it would be no remedy for non-Catholic boys because they would be so few that that would be impossible to administer. He might also have one boy in a non-Catholic establishment.

I would like to see one or two Borstal institutions opened in this country, run by the Salesian Fathers, with a purely reformatory purpose and designed to enforce within them the discipline of a strict school, with the object of turning out, at the end of the period of confinement, tradesmen trained in whatever trade they might take up. If that is going to be done, we are up against an extraordinary difficulty which, so far as I am aware, perplexes reformatory administration both here and in Great Britain. If a youth, who would ordinarily be going to serve his apprenticeship, gets himself into trouble, is sent into one of these establishments and has to spend three or four years there, the object is to teach him a trade by which he can earn his living, when the period is finished; but if you teach him a trade, when he comes out the trade unions will not let him work. The trade unions have a case. They say that there are enough people in the trade already and so forth—all the stock arguments—but the fact remains that the State finds itself confronted with the problem of a young person who is in danger of becoming an habitual criminal. They reform him, give him a trade, and when he comes out he is in a difficulty. Now, I see the problem, but what I would like the Minister to do is to ask the trade unionists to meet him, discuss that problem with them and ask them have they any suggestion to make whereby he would be facilitated in turning out these young people, at the end of their period of reform, equipped to earn their livelihood in some other capacity than as a common labourer, because trade unionists, social workers and the Government will all agree that the greatest social problem we have is the unskilled labourer who is so desperately vulnerable in any trade depression that may come upon the country.

This is a matter in which, as I say, comparatively few people take very much interest, because it is not a subject that comes under their attention at very frequent intervals, but, nevertheless it is one, to my mind, of enormous importance. I should like to say a word in connection with the treatment of young persons in the Children's Court. Would that more appropriately arise on the Courts Estimate?

Mr. Boland

The District Court is the next Vote. Would the Deputy care to say it on this Vote and let the other through? It is a matter for arrangement.

I will give the Minister an undertaking that I will say nothing on the District Court, but I cannot speak for the other Deputies.

Mr. Boland

That will be one off, anyway.

This question of Borstal and industrial schools is closely connected with the Children's Court. Admittedly, we are going to have a report from this commission, but I do not know whether they propose to deal with the Children's Court or not. I want to make a suggestion to the Minister. In practice, what happens is that the children who are brought before the Children's Court are the children of the poor, and it would be an illusion to imagine that the Guards are continually going round seeking a chance to bring them before the court. That is not so. If they bring them before the Children's Court for a misdemeanour, they do it because they make up their minds that, having rebuked and advised and cautioned until they are sick doing it, the child is continuing to do something contrary to the law and is a danger to himself and his neighbours; that some step must be taken to stop him, and that the parents apparently will not try. They bring the child before the court and, very frequently, what happens is that the parents appear and are admonished from the Bench and give a solemn undertaking to look after the child more closely. That is the end of it and the child goes off. Sometimes, the Guards are obliged to say: "The conditions of this child are unsatisfactory, and we feel that nothing can be done until the child is taken out of its parents' care and properly looked after." In any case, what happens is that a small child is brought forward for rebuke, punishment or final settlement in life in one way or another; and I think that where you have a small child it is highly undesirable to introduce him, at that impressionable age, to the atmosphere of the police court, and that the procedure proper and necessary in the case of an adult person is neither necessary nor desirable when dealing with a child of tender years. Therefore, I would try to eliminate from the proceedings altogether the court atmosphere.

When we come to examine this problem there are two great dangers. One is that you get sloppily sentimental and begin to think, "The poor little crathur, is it not a terrible tragedy?" Of course, these children are not brought before the court before they have given a good deal of trouble and they are not so simple as they look. On the other hand, you can err on the side of indifference, and say that they are tough youngsters and that it does not knock a feather out of them. I should like to avoid both those extremes. We do not want the child unduly frightened. We want him effectively looked after and properly handled, and I say that to introduce any small child to the atmosphere of the police court is a bad thing. No decent child or man can relish the prospect of being put in the dock. I should like the child to be brought before the district justice—just as one of us might have been brought before the headmaster of whatever school we happened to go to—and there be questioned as to his conduct, and punished, advised or otherwise disposed of as the district justice shall think fit. I think it is necessary on general principles to preserve the element of publicity, and, therefore, I think it would be necessary for a representative of the Press to be present. I think the parents of the child should be present, and the court missionary, because the court missionary plays a great part in the matter of justice in juvenile crime. I should like to see these entire proceedings carried through in the room of the district justice, with the district justice sitting at his desk and all suggestion of judicial proceedings minimised to the utmost possible degree.

I also think, though I am not so sure of this as I am of the other things, that the Guards ought not to conduct prosecutions of juveniles in uniform, because I want to create in the minds of young people in this country who are growing up the idea that the Guards are their friends; and if you associate in the mind of a seven, eight, or ten-year-old child the uniformed Guard with one of the most alarming and depressing occurrences of his whole career, he will regard the Guard for evermore as a standing menace. I may be wrong, but that seems to me to be true and worthy of consideration. I should like the proceedings to be as informal as possible, so that as little track of fear and apprehension as possible will be left on the mind of the child.

I am precluded on this Vote from referring to the House of Detention in Summerhill, for the astonishing reason that it is under the control of the Department of Education, but I may refer to it in this way, that I may urge on the Minister for Justice not to send any children there, because, oddly enough, they are in charge of the Minister for Justice until they get to the door, and it is only when they go through the door that they come under the control of the Minister for Education and cease to be in his charge.

The Deputy could accompany him to the door.

I say it is highly wrong to commit children even on a week's remand and no child is left there for more than a fortnight. They are always brought up before the court within a fortnight and finally disposed of to an industrial school or reformatary, or sent to their homes. I say, however, that the place is an entirely unsuitable place to send any child. I want to make it perfectly clear that it is not a place of this Government's construction or which this Government founded. It was there when the Government came into office, and what I complain of is that it is still there. I say it is a place where the Department of Justice should send no child. I am not suggesting that there is any scandal going on. I think that with the resources available, it is being as well run as it can be, and the persons in charge of it, a man and his wife, are eminently respectable people.

I am afraid the Deputy is inside the door now.

Perhaps I am, but I do not want to suggest there is any scandal going on in the place. I am merely looking at it from outside this old Georgian house in Summerhill in the middle of a slum, a slum within which I live myself, so I know all about it. It is an entirely unsuitable place for small children. To judge from the windows outside, there is no proper accommodation for adequate segregation. I submit very strongly to the Minister for Justice that he should absolutely refuse to send any person in his custody there and that he should fix the Department of Education with notice that until they provide a place, which he considers adequate for these children, he will release any child who may be in danger of going there. I shall not go further except to say that I think there should be a house of remand established by the Minister for Justice. I want to suggest that that place established as a house of remand should be run by experts so that a child would receive not only some educational attention, even during the short period of remand but that the child would be under the observation of a competent, highly-trained matron and a children's doctor who would be qualified to assist the court by giving an opinion on the child's mental condition, as to whether there was any abnormality or as to whether there was any explanation for anything it had done, through malnutrition or something of that kind. He would be able to come to the court and give the court information that it could not hope to get in any other way.

If we had a really well-run establishment of that kind, what I should like to stipulate would be that in every case where a child was brought before the courts and the magistrate did not decide the case on that day, he should order the detention of the child for a fortnight or so in that institution so that the child would be closely examined, so that he would get the benefit of the treatment which would be afforded in this establishment, and so that the parents of that child would feel that when the State had accepted the very grave responsibility of removing the child from the family circle, it was removing it to a Government establishment so excellent that the child of the wealthiest and the most influential parents in this country could go there without any question at all. If we are going to take a child away from its parents, though the parents be the humblest and the simplest people in the worst slum in the city, I say we have got a very big responsibility for that child. We have got to provide for the child exactly the same accommodation and the same supervision that we would insist upon for a child of our own. You may say that the child was taken out of a slum and that it was never used to such a home. That does not matter; we are depriving that child of the benefit of its domestic circle. When we deprive it of its domestic surroundings, we have got to give it the very best that the State can provide. If we are going to take a child out of the family circle we have got to put it into surroundings into which we would have no qualms about sending a child of our own.

I believe that an institution run on those lines would be of great value and would enormously increase the value of the Children's Courts. It would greatly mitigate the scrupulousness many of us have when we attend the Children's Court on a Friday morning and witness the painful spectacle of a youngster of nine or ten years of age being torn out of his mother's arms by the police, that child being dragged away perhaps for the first time from its father and mother, who are left in the greatest distress. When a child like that is put into Summerhill, I must say that I have had the greatest doubt as to the prudence of the course pursued, but if I felt that the child were going to be put into a perfectly-run establishment where, no matter what the facts were, the child would derive some benefit from its sojourn there, then I would have no anxiety on that account. It is never pleasant to see people suffering under the stress of a great grief, but one would feel that one was only being cruel to be kind, and if there was any substance in the people's interest in that child, when they came to understand the nature of the detention, they would not be so grief-stricken. If they were, you could at least say to them: "You can see this child at any reasonable time you wish. If you think he will be unhappy, or that he will be ill-treated, you can call to see him and you will be welcome at any hour." In that way I think the administration of justice in the Children's Courts would be enormously improved, and any Deputy who interests himself in the matter would have an easier conscience knowing that everything that could reasonably be done for the comfort of the children would be provided.

In supporting the plea made for a Borstal institution for juvenile offenders by Deputy Dillon—he has left me only a few minutes to do so— I would suggest to the Minister that long before the advent of the late Government we had a lady probation officer attached to the old police courts in Cork City. I would ask the Minister to consider seriously the reappointment of that lady probation officer. Deputy Dillon referred to a court missionary, but I think it was the appointment of a lady probation officer he had in mind.

Exactly. That is what I meant.

She would be the most appropriate person to deal with juvenile offenders. The Minister must be already aware that there is a National Council of Women, a body which has international ramifications and associations. They have a branch in Cork City and another in Dublin, and they are very keen on having this lady probation officer appointed. I would appeal strongly to the Minister to take that into consideration.

Mr. Boland

If Deputy Dillon desires a full reply to the matters which he raised, I am afraid I shall not have time to go into them. As regards the Borstal institution which he mentioned, the Departmental view is, I think, that such a scheme would not be warranted by the expense. Personally, I think the money would be well spent, and I am generally in sympathy with the pleas put forward by Deputy Dillon and by Deputy Anthony. As both Deputies are aware, a commission has recently inquired into this matter, and we hope to get some valuable recommendations from it. I certainly hope that we shall be able to give effect to these recommendations. Most of the points raised by the Deputy will, no doubt, be dealt with in that report. Would that satisfy him?

I would be quite satisfied, but where is the necessity for rushing this Vote through to-day? I think it is a matter that requires every consideration. At any rate, the Minister will have to be here to deal with the Vote for the District Courts on the next day.

Mr. Boland

I am quite willing to deal with it on the next day.

Is it understood that the Minister has been called on to conclude?

Mr. Boland

Yes. I move to report progress.

Progress reported; the Committee to sit again on Tuesday, 23rd June, 1936.
The Dáil adjourned at 2 p.m. until Tuesday, 23rd June, at 3 p.m.
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