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Dáil Éireann díospóireacht -
Wednesday, 29 Jan 1986

Vol. 363 No. 5

Ceisteanna—Questions. Oral Answers. - Prisoners' Medical Screening.

2.

asked the Minister for Justice if he will outline the procedure for the medical screening of prisoners entering Mountjoy Prison and the medical facilities available to prisoners there; and if he has any plans to improve these procedures and facilities.

(Limerick East): Except in exceptional cases all prisoners committed to Mountjoy Prison are examined after committal by the medical officer and are prescribed relevant medical treatment, if in the opinion of the medical officer, such treatment is necessary. The exceptional cases would be where a prisoner is transferred to another institution immediately on committal and before a medical examination can take place in Mountjoy. Medical officers are, of course, free to refer prisoners for specialist advice in any case considered necessary. A dentist attends regularly at the prison to attend to prisoners' dental needs.

In relation to changes in facilities I refer the Deputy to my replies to Questions Nos. 7, 17, 27, 30 and priority Question No. 33 of 27 November 1985 and to my reply to Private Notice Question of 22 January 1986.

The Minister said that medical services are available following the committal of prisoners. Could the Minister tell us the position in regard to prisoners on remand? Is it true that medical practitioners are only on call in the evenings and that there are no full time medical personnel available at that time?

(Limerick East): There are two part-time medical officers attached to Mountjoy Prison who, between them, provide a service. Obviously they are not resident in the prison so they would be called in if an examination had to be done. The question of medical facilities was considered by the Whitaker Committee and in their report they endorsed the practice of using part time medical officers to offer a GP service to prisoners with appropriate referrals to outside hospitals and specialists.

In the recent case in relation to Paul Kenna the Minister said that medication was administered. There had been an argument in that regard but the Minister clarified the position and said that medication had been administered. Yet it appears that Paul Kenna had not been seen by a doctor at that time. In a case like that, who prescribes the medicine? When a prisoner is admitted late in the evening and no doctor is available — perhaps the prisoner is a drug addict and needs treatment — who sees that prisoner first and who decides on the treatment? From what the Minister said last week, treatment seems to have been administered without a doctor being present.

I will allow that question as a general supplementary.

(Limerick East): I do not think I gave that impression last week but, if I did, I should like to correct it. I do not want to deal with that very sensitive case unless there is a question down where I have a full brief on the case.

The general point.

(Limerick East): There are two medical officers who provide general practitioner service to the prison on a part time basis. In addition there are five prison officers appointed to act as medical orderlies. Psychiatric services to the prison are provided by consultant psychiatrists from the forensic service of the Eastern Health Board from the Central Mental Hospital. They hold clinics in the prison and, in addition, are available for consultation. As the House is aware, I announced recently that in accordance with the recommendation of the Whitaker Committee to appoint a director of medical services for the prison system, the Government have agreed that this appointment should be made. One of the first tasks of the director will be to assess the situation at Mountjoy.

Are the medical orderlies trained to prescribe?

(Limerick East): No, only doctors can prescribe medicine.

Who gives medicine? Apparently the medicine has been given when prisoners come in in the first instance.

(Limerick East): In the ordinary way any medicine would be prescribed by the doctor, but it could be given by the orderlies following the orders of the doctor.

Would it be prescribed by phone?

(Limerick East): No, by examination of the prisoner, as I understand.

Does the Minister think that prisoners should have the same medical rights as other members of society? Does he believe that is the case?

(Limerick East): Yes, I believe the sanction of our courts is to deprive somebody of his or her freedom. I do not think we should operate a prison system — and I am committed not to operate a prison system where other punishments are added to the sanction of the court. So far as facilities can be provided to people in prison, they are provided. Doctors, dentists and psychiatric services are available. I suggest that the medical treatment available to those in prison frequently is better and more accessible than it was before they entered prison.

A final supplementary.

Is the Minister aware that prisoners receive only the most cursory of examinations in prison and that very often the recommendation of the medical officer goes before the court before the judge makes up his mind for sentencing and that people who have been accused of drug offences have been the subject of these very cursory examinations? From personal questioning of prisoners——

The Deputy cannot give evidence.

——I have learned that a door opens, a medical officer looks in and makes a recommendation that the person should be put away for a long time because he is heavily involved in drugs. Is the Minister aware that that is happening in our prisons?

(Limerick East): I am not aware that any such cursory examination takes place. The medical officers in Mountjoy Prison are fully qualified and do their job efficiently and effectively within the ethics of their profession. I am aware that there are rumours flying in all directions, and sometimes they appear here as Parliamentary Questions. For example, after questions last week referring to the young man who so tragically died in Mountjoy, I received a letter from the District Justice who held that court. She informed me categorically that there was no question of the court asking the prison to provide any medical treatment. What was at issue was that the solicitor asked if the court would remand the prisoner to allow the defence time to get a private medical examination. The young man was remanded in custody to a further court to allow the solicitor time to get a private medical examination.

Psychiatric.

(Limerick East): Yes, but it was private, to be arranged by the defence. There was no question of the onus being put on the State or the prisons, yet that emerged here at Question Time as a charge across the House. The information which allowed me to refute it came after Question Time.

May I ask a final supplementary?

I am moving to the next question.

You allowed Deputy Woods to ask five or six supplementaries.

I am moving to the next question.

There are hundreds of our citizens in jail who are not getting proper treatment. Every time I stand up to ask a question in this House the Ceann Comhairle treats me unfairly.

The Deputy will withdraw that allegation.

Let me ask a question. How is it that when I stand up you will not let me——

I refer the Deputy to the relevant Standing Order — No. 37 — which gives the Ceann Comhairle discretion as to the number and type of supplementaries. I am calling the next question.

How come I am not being as fairly treated as Deputy Woods?

The Deputy will resume his seat or leave the House.

I am leaving.

The Deputy will withdraw that allegation.

I will not withdraw it. You use the Chair like a dictator. You are grossly unfair to me.

The Deputy will leave the House. I am asking the Minister to name the Deputy.

Deputy Skelly withdrew from the Chamber.

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