Deputy McCartan gave me notice of his intention to raise on the Adjournment the subject matter of deaths in Irish prisons. Shall we say that the Deputy has 13 minutes in which to make his case with the Minister having seven minutes in which to reply? Is that satisfactory? Agreed.
Adjournment Debate. - Prison Deaths.
I would like to thank you, a Cheann Comhairle, for giving me the opportunity to raise what I believe is a very urgent and pressing issue in the proper administration of our prison service. The year 1988 must be regarded as the black year in the history of our prisons. While I am open to correction by the Minister, I believe there were more deaths in our prisons in 1988 as a result of suicide or otherwise than in any other year in the recent history of our prisons. The unfortunate message of the last year is that for some reason or another life in prison is cheap and people seem to hold the feeling that those who died were only prisoners. This is an issue all of us must address and we have to try to dispel that feeling. I would argue that we should be more concerned about the death of a person in the care and custody of the State than about the death of a person who dies at liberty in the community. There is an onus on us and for this reason it is important that this House takes a little time to debate and discuss what happened during the appalling year of 1988.
It is only proper that I put on the record the names and dates of death of the six people who passed away while serving sentences in our prisons during the past year. On 12 February 1988, Philip McGrath committed suicide in Mountjoy Prison. The coronor's report recorded the death as being caused by cardiac and respiratory failure due to hanging. On 16 April 1988, again in Mountjoy Prison, Michael McGowan died and it was subsequently established that he died by his own hand. On 18 April 1988, Kevin McDonagh died in Mountjoy Prison, the verdict being death at his own hand. On 30 June 1988, John Ryan died in Mountjoy Prison. The inquest into his death decided on the reasons and cause of death. On 3 July 1988, Edward Carey died of a drug overdose and, finally, on 30 September 1988, Francis McDonagh died at Arbour Hill Prison, the verdict being death at his own hand.
At this point I would like to accord my sympathy to the families and relatives of those six men and to say that each and every one of those deaths was a tragedy. We should try to learn lessons and make every effort to ensure that no further deaths occur. I attended four of the inquests, two on 16 September 1988 into the deaths of John Ryan and Kevin McDonagh and two on 15 December 1988 at the Coroner's Court in Dublin into the deaths of Francis McDonagh and Edward Carey. The remarkable feature of the inquests held on 16 September 1988 is that the jury, who were very interested in what happened, attached very constructive riders to their findings on the cause of death. The point which needs to be made, and which I have made time and again, is that coroners' inquests are not adequate forms of inquiry into the cause of death or proper forms of inquiry to find out what happened in order that steps may be taken to prevent further deaths occurring.
Juries are assembled under section 43 of the Coroners Act, on a simple request by the coroner to a member of the Garda Síochána who then has the duty to assemble between six and 12 members. At the inquest many years ago into the death of a young man who died while in custody in Rathfarnham Garda station, it was established that the manager of a local shoe shop was asked to attend as a juror but because the shop was busy that afternoon he sent the porter at the shop to sit in his place. I have established that at the inquests held on 16 September 1988 all the jurors were from one particular section of a Department of Government. They were young and interested and attached riders to their findings in both cases. However, the jury at the inquests held on 15 December 1988 were very silent and returned verdicts with no riders attached. This makes one wonder about the method of selection, about how people are called and if advice or directives are given in advance of people being called.
I say this because I am not at all happy. The lawyers who attend at these inquests attempt to establish, on what is for the most part a fishing expedition, some degree of negligence so that there might be ongoing litigation. The terms of reference of any inquest are to establish how, where and when and no other questions or issues may be pursued. Given the record number of deaths in 1988 would the Minister not consider at this stage that it is time we introduced a broader inquiry involving some form of independent agency to establish the causes of deaths and any patterns which might exist with a view to making firm recommendations on what actions may be necessary? However, I do not have as much time available to me as I anticipated and I do not want to dwell for too long on those matters.
As I have already said, the jury at the inquests held in September 1988 attached very firm riders to their findings. At the inquest of John Ryan it was established that the prison officer on duty had responsibility at the start of his duty for 80 cells on two landings of Mountjoy Prison. By the time John Ryan was found hanging in his cell at 1.15 a.m. the prison officer had responsibility for 120 cells. This is an old prison constructed in the Victorian era. It was established that the only means of communication was banging. Because of the nature of the construction only an echo sound would be heard throughout the landing with the result that a prison officer would not be able to pinpoint where noise is coming from. That night John Ryan was banging on his cell. His arm was in plaster, he was in pain and complained of this earlier in the night. He needed attention but when found he was dead. The jury said that a proper communications system should be introduced, one similar to that which exists at Arbour Hill Prison, a bell in every cell and a light outside every door in order to ensure that a prison officer would be able to pinpoint immediately the person seeking assistance and needing attention.
The jury also commented on the ease with which people can hang themselves in cells and drew attention to the bars on windows which could be used to hang a sheet or shirt from. They recommended that unbreakable glass be installed in prisons. It was established in virtually all the cases involving hanging that the glass in the windows had been removed to get at the bars on the outside in order to be able to hang a sheet from them. They made that recommendation but I understand no action has been taken.
At the inquest into the death of Francis McDonagh it was established that in Arbour Hill Prison because of the length of prison sentences served, and other related problems, a special observation list system was in operation. Of the 140 prisoners in Arbour Hill, 130 of them in the main block, 100 were on this special observation list. For whatever reason, security, medical or otherwise, the majority if not all of the prisoners in Arbour Hill Prison require special attention. On the night this prisoner died it was established that a prison officer had responsibility for upwards of 100 prisoners on his tour of duty. Even though there is a very good communications system the point was established that if a prisoner takes it into his mind to do himself in, unless there is a mechanism whereby prison officers can observe more readily and frequently, it can happen, as happened unfortunately to this young man.
Both McDonagh and the other prisoner who died in Mountjoy Prison, Mr. Kevin McDonagh; had been clearly established as potential suicide risks but that information had not been passed down to the prison officers. At the inquest into McDonagh's death in Arbour Hill the lawyer representing the Prison Officer's Association pleaded with the jury to bring in a rider that manning levels be improved in prisons so that prison officers would have the opportunity more readily to keep an eye on what was going on. He also made the case that prison officers be advised more readily and frequently and be kept up to date on problems affecting prisoners that may require particular attention. There was a breakdown of communications. While the jury in the other case did not bring in a rider, the Minister should look at these clearly established facts.
I ask the Minister to look at the following proposals: that there be a proper communications system in all prisons and proper manning levels or, if necessary, a reduction in prison numbers particularly in Mountjoy Prison where there are so many short timers who should not be in prison at all; that there be a review of medical care for prisoners, the introduction and appointment of a medical director as recommended in the Whitaker report in 1985, that windows be repaired and some measure taken to ensure that people cannot hang themselves so easily. For example, one has to consider a restriction on sheets. Perhaps the use of medical paper sheets should be considered. There is a question of whether drug addicts as John Ryan was or AIDS victims should ever be in prison. In the case in question a prison strike was in progress. Proper training and advice should be provided for gardaí going in.
In a number of these cases there have been applications for ex gratia payments to cover the funeral expenses. I hope the Minister can respond early and favourably to those representations. I know he has shown concern for these matters.
I now call the Minister.
I hope something positive will be done so that every step can be taken to ensure no recurrence in 1989 of people taking their own lives.
Regrettably, deaths in prisons are not a recent phenomenon, they are a feature with which prisons administrations internationally have to contend. Since 1 January 1988 a total of six persons have died in prison custody in this jurisdiction. Obviously, all of these deaths are a matter of the deepest concern and regret. However, there is no evidence to suggest that the number of deaths which occur in our prisons is out of line with the number of such deaths which occur in other countries.
Here let me refer to a remark made by Deputy McCartan at the outset. He said: "It is coming out that life in prison is cheap." This implies there is a lack of care on the part of the authorities for those in prison. Great care is taken in regard to those whose lives may be in danger either at their own hands or at the hands of others. Prisoners whose lives may be in danger from others are carefully segregated. Those who may be in danger of death by their own hand are carefully assessed and attended to by prison staff, by the welfare service, by psychologists and doctors, by way of probation and so on as the need arises. I want to make that clear because the implication of Deputy McCartan's comments must be looked at as I look at it. It must be dealt with here and now and not allowed go unanswered.
As I stated on previous occasions to this House in reply to a number of questions which raised similar issues to those raised here this evening, very strenuous efforts are made by the prison authorities to identify offenders who may be at risk and, where such offenders are identified they are given special attention by prison staff with the specific objective of minimising the risk of self injury. Offenders whose behaviour suggests they have psychiatric problems or that they might make an attempt at committing suicide are referred to consultant psychiatrists who visit the prisons regularly and, if the psychiatrist considers it necessary, they are transferred to the Central Mental Hospital, Dundrum, for the necessary treatment. While I am satisfied that all concerned are fully aware of the need to be vigilant in this area, it has to be accepted that it will never be possible to identify every possible potential suicide victim or to eliminate every possible avenue of self injury.
Reports on all deaths in prison are carefully examined by the Prison governors and within my Department to see whether there is any action that might have been taken that might have helped to bring a potential risk to notice or that might have lessened any risk that was known to exist in a particular case or which might usefully be introduced in an effort to forestall similar tragedies. The procedures for identifying and providing for offenders at risk are kept under continuous review and where measures suggest themselves which can reasonably be taken, these are taken immediately.
It has to be accepted, however, that where an offender is determined to take his or her life, and not infrequently there is no prior warning of any such intent, there are limits to what the prison authorities can reasonably do.
All deaths which take place in custody are the subject of a public inquiry in the form of an inquest. In the case of two of the most recent inquests into the deaths of persons in custody, the jury added riders to their verdicts. In one case, the jury recommended that improved methods of communication be established for use by prisoners while confined to their cells in Mountjoy Prison. In fact, despite pressure on resources, money had already been provided for the installation this year of a new cell-call system in the context of a total re-wiring of the custodial wings in Mountjoy Prison. Work has commenced on the renewal of the electrical system in the past few days and the provision of the cell-call system will be included as part of this project at the appropriate stage. The existing cell-call system which was installed in the early 1900s had been dysfunctional for some time due to its age and the fact that it had been vandalised on a regular basis. The jury also recommended that the staffing levels in Mountjoy Prison be increased. The question of staffing levels in each institution is kept under review in consultation with the various governors and is the subject of regular discussion with staff association representatives.
In the interests of keeping the record straight, let me say in regard to one of the cases mentioned by Deputy McCartan, that the prisoner McDonagh at Arbour Hill hanged himself at 9.10 a.m. He had his breakfast, went back to his cell and hanged himself. A special list is kept of people who may be at risk. The main purpose of this list is that they be kept under observation at night. The event we are talking about happened after breakfast in the morning. At the time Mr. McDonagh, regrettably, committed suicide about 30 staff were on duty. The fact that one or more officers may have had people on the special list under observation at night was irrelevant in this instance.
In another case the jury recommended that the windows of Mountjoy Jail be inspected with a view to rendering them less easy for a prisoner to hang himself from. The question of the type of bars in prison windows is kept under regular review. However, the reality remains that the requirements of security are such that it has not proved possible to devise an arrangement of bars which would be proof against use for hanging and which at the same time would meet security needs. This is a matter which will continue to be looked at but — leaving aside the question of the cost of replacing existing bars — there are no grounds for optimism that replacement will prove feasible.