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Dáil Éireann díospóireacht -
Friday, 6 Mar 2015

Vol. 870 No. 4

Report on Penal Reform: Motion

I move:

That Dáil Éireann notes the Report of the Joint Committee on Justice, Defence and Equality, entitled ‘Report on Penal Reform’, which was laid before Dáil Éireann on 27th March, 2013.

I am pleased this initiative has been taken by the Oireacthas to enable reports from committees to be debated in both Chambers. The sub-committee on penal reform was formed in October 2011. It met on four occasions in private and four occasions in public to consider the issues in detail, including written submissions and so forth. I thank Senator Bacik who acted as rapporteur for the report, the sub-committee members and those who have made presentations and gave evidence. The four public meetings were held on 23 November 2011, 1 February 2012, 24 October 2012 and 19 December 2012. We also visited Finland on 13 November 2012 to view what we were told was best practice in the world.

One criticism I have is this report was published in February 2013 and it has taken more than two years to have a discussion in the House. It is historical at this stage and a great deal has happened since then. We should adopt a protocol under which all committee reports should be debated by the Houses within six months of publication.

A great deal has happened and many of the report's recommendations have been addressed but it is now out of date. For example, at the time the number in prison was 4,275 whereas today the number is 3,780. We recommended that numbers should be reduced and, thankfully, they have come down. Will the Minister of State convey to his colleagues that if these reports are to be any use, they should be debated within six months of publication and sooner than that if possible?

The sub-committee heard from a wide variety of people who are expert in the area and five recommendations were made. The first was a reduction in prisoner numbers and that is happening. We strongly recommended the adoption of a decarceration strategy and a declared intention by the Government to reduce the prison population by one third over a ten year period. Many witnesses were critical of what they considered to be short sentences. They said they do not work and that people emerging from prison are more criminalised than previously and have less incentive not to reoffend or to manage their lifestyle.

The second recommendation was to commute prison sentences of less than six months. The report states all sentences for under six months imprisonment imposed in respect of non-violent offences should be commuted and replaced with community service orders. We produced a further report on community courts following a study of work in New York and we were impressed with them. The Government has since published a review of penal reform and that is one of the recommendations. Has the Minister for Justice and Equality progressed this further?

We also made a recommendation about increasing standard remission from one quarter to one third and the introduction of an incentivised remission scheme of up to one half. Throughout the hearings and submissions, contributors emphasised the need for incentivised or earned remission. That means people who could have their sentences shortened would have to earn remission either through good behaviour or by taking part in structured programmes within the Prison Service. The difficulty that has emerged is the service needs more resources to provide these programmes.

The fourth recommendation is the introduction of legislation providing for structured release, temporary release, parole and community return. The Irish Penal Reform Trust recommended a Bill which would set out the basis for a structured release system to include changes to remission, temporary release and parole and the sub-committee recommended that the Bill could also provide the statutory framework for an expanded community return programme.

The final recommendation is to address prison conditions and overcrowding and increase the use of open prisons.

When we went to Finland, we were very impressed with its open prisons and the use of electronic tagging for instance. In one prison, prisoners went to work or college during the day and came back to the prison at night. In Finland and in other jurisdictions the number of people in prison came down and crime rates also fell.

All the people who made submissions to us said the issue is very complex. It was said that short sentences do more harm than good. The report highlighted that the vast majority of people in prison come from disadvantaged or poor areas. That is not to say that everyone from poor areas will have a criminal background or anything like that, far from it. Addiction and mental health issues pose a major challenge. Representatives of the Prison Officers Association said that it is mostly poor people from deprived areas who end up in prisons. Some of these people spend most of their 20s and 30s in and out of the system.

Other challenges include overcrowding, drug misuse, violence and mental health problems. Some of the proposals were to have an incentivised regime for prisoners, more semi-open facilities, electronic tagging and so forth. The Irish Penal Reform Trust stated that remission was a blunt instrument but there was a potential for it to contribute to a more incentivised system. If we have a more incentivised system it would work better.

We dealt with the idea that temporary release needed to be earned. We need to bear in mind that there are very dangerous people who need to be taken out of circulation for the good and safety of society. The committee is not suggesting we would not do that, it has to be done.

We also need to recognise some very good work that is ongoing. The Cornmarket project in Wexford was established in 1999. It deals with people who have little or no motivation to change. These are the hardest people to engage with. Those working on the project enhance offender motivation to make positive behavioural changes. They use a very complex psychological approach. I visited the centre and representatives of the centre appeared before the committee. The project is very worthwhile and interesting. Perhaps it should be used in different parts of the country. I encourage the Minister of State or even the Minister for Justice and Equality to visit the centre to see its good work and the impact it is having on people who have little or no motivation to change. These are the most challenging of people.

Representatives of Focus Ireland also made a presentation. They spoke about managing the release of prisoners so that they do not fall into homelessness and fall back into their old ways. Care After Prison in Dublin does amazing work. Representatives of that organisation made a very good presentation to us. They are involved in information, support, counselling, place of contact and family support. They make contact with prisoners before they leave prison and support them after they come out. They reported that they had a 100% success rate of non-reoffending. A small input of resources can give a massive outcome. That organisation gets about 20 inquiries per week for help.

The need for an integrated plan for offenders was mentioned on a few occasions. Also mentioned was the need for a sentencing council and the Minister of State might be able to enlighten us as to what has happened. It is an area that would involve the Judiciary and so on. It has been repeatedly looked at and it needs to be brought forward.

On 24 October, Professor Ian O'Donnell told us that temporary release should be structured and tailored and should not be a safety valve to ease overcrowding. There is a perception that temporary release only happens to address the issue of overcrowding. However, it should be structured, tailored and planned. Life sentence prisoners who are released on licence today will have spent a decade longer in custody than their counterparts in the early 1980s. So the idea that we have gone soft on this is wrong.

The need for judicial training was repeatedly highlighted by those making submissions. Another statistic that jumped out at us was that 50% of those who are released find themselves back in prison within four years.

I emphasise the need for a community court system. People involved in low-level offences come before the court the following day and most of the time get a community service order. They also get support - psychological, social, housing, health and so forth. They are monitored and if they stay out of trouble for six months their records are sealed. That was introduced in New York. Committee members went there and sat with the judges on the bench to see the system working. We met the people involved, both the offenders and those administering the system. It works very well and it is one of the reasons the crime rate in New York has reduced so much. They talk about zero tolerance; this is it in action. The people there told us it works.

I again call for such a system to be established in Dublin on a pilot basis. While it needs to be tailored for a particular place, after a period of time if it is seen to work here, we should introduce it nationally. If it works in New York it could work here. However, we cannot just transplant the New York model here. It has to be developed specifically tailored to conditions here. In some jurisdictions, for instance in east Jutland, prisoners with three months remaining to serve and who ask for drug treatment are guaranteed to get that within two weeks. That treatment is full-time. One third of the prisons there are dedicated to full-time drug treatment for as long as possible.

I acknowledge the great work of Deputy Finian McGrath in the area of gangland crime and producing a report on that. That report and this other report have highlighted the damage caused by drug use. At a recent committee meeting it was highlighted that we did not have a Minister of State dedicated to drugs. In the past we had such a Minister of State working across a number of Departments. The Minister for Health is doing great work in this area. However, we also need to link up the Departments of Justice and Equality, Health, Education and Skills, Social Protection, the Environment, Community and Local Government and so on because this is extraordinarily complex. As I said earlier, most people in our prisons come from deprived areas, and many of them have drug treatment issues and mental health problems. This is complicated and we need to put more into it.

I refer to the submission the Irish Association for the Social Integration of Offenders, IASIO, made to the committee. It works with all categories of offenders, including high-risk offenders, people convicted of sexual offences and so on. Its Linkage programme is funded by the Probation Service. This is another very good programme that needs further support.

The report has highlighted that it is not just what happens in the prisons that counts. Also important are front-door policies and backdoor policies, when people initially go in and when they come out at the other end.

Things are improving with temporary release, overcrowding, prison conditions and so on. Mountjoy is now fully equipped with in-cell sanitation. We visited Mountjoy, Wheatfield and Cork prisons. Cork Prison is probably one of the most appalling places I have ever been in. Thankfully a new prison is being built in Cork. The pressure on the prison officers and the prisoners was palpable. One would have to visit it to understand.

I am pleased that a new prison is being built and that prisoner numbers are reducing but we have more to do. It is evident from Deputy McGrath's work that we need to focus more on communities that are under pressure, experiencing deprivation and are poorly resourced. If we do this, in conjunction with implementing the recommendations of this report, we will succeed in further reducing our prisoner numbers.

It costs approximately €65,000 per annum to keep a person in prison. This cost may be greater in some cases and less in others. Some of this funding could be used to support implementation of some of the initiatives put forward in this report and proposed by experts such as Dr. Ciaran McCullagh and Fr. McVerry.

The committee also held hearings with agencies such as Care After Prison, the Cornmarket Project, Focus Ireland, the Irish Prison Service, the Probation Service, the Inspector of Prisons, the Parole Board, Dr. Kevin Warner, Professor Ian O'Donnell, all of whom are doing great work in this area. It also met with representatives of the Etruscan Life and Training Education Centre, which provides services for people who present with anger-related aggression, drug and alcohol behavioural issues and so on. Its programmes are very powerful. There is a great deal of work doing on but it needs greater support. If we could divert funding from imprisonment of people to keeping people out of prison we would do far better.

On behalf of the Minister for Justice and Equality, I welcome this opportunity to continue the discussion on penal reform. I commend Deputy Stanton and the joint committee on their report which was published in March 2013 and recommends a range of measures designed to further the development of an effective and progressive penal system. I acknowledge Deputy Stanton's point in regard to the delay in discussing this report and will bring that message back to the Minister.

The report recommends that prison numbers be reduced; that prison sentences of less than six months be commuted; an increase in standard remission from one quarter to one third and the introduction of an incentivised remission scheme of up to one half; the introduction of legislation providing for structured release, temporary release, parole and community return; address of prison conditions and overcrowding; and increased use of open prisons. The Minister believes that the committee's report complements the more recent report of the Penal Policy Review Group, which she published last September. This group was asked to make recommendations on how a principled and sustainable penal system might be further enhanced, taking into account resource implications, constitutional imperatives and our international obligations. It was also asked to consider the recommendations contained in the committee's report.

There are common themes in both reports, such as reducing prisoner numbers, improving prison conditions, increased use of open prisons and the placing of the Parole Board on a statutory footing. Both reports acknowledge the considerable progress made in recent years and that more remains to be done. Naturally, there are differences in detail between both reports, which can be explored as part of the ongoing process of implementation.

The committee called for prisoner numbers to be reduced. Prison numbers have since been reducing. In 2013, we saw the first significant decrease in prison numbers since 2007. In 2013, there were 15,735 committals to prison, a decrease of 7.6 % on the 2012 total of 17,026. On 3 March 2015, the prisoner population stood at 3,768, which was 95% of the Inspector of Prisons' recommended total of 3,982. By comparison, on 3 March 2014, the prisoner population stood at 4,045, which was 98% of the inspector's recommended total of 4,124. All of this points to a reducing trend in prisoner numbers, indicative of the progress being made by this Government to reduce the prisoner population and to pursue alternatives to custody.

The Minister believes that a specific target for reducing prisoner numbers should not be set as ultimately there are many factors which must be taken into account, including the rate of crime, public safety and the independence of courts in making sentencing decisions. Sanctions must be appropriate to each offender and not be restricted by a policy which seeks purely to reduce the number of people in prison.

The committee recommended that sentences of imprisonment of under six months for all non-violent offences be commuted and replaced with community service orders. In this regard, it cited the experience in Finland where a court may commute a sentence of less than eight months to community work. The Criminal Justice (Community Service) (Amendment) Act 2011 goes further than this in that it positively obliges a court to consider community service in any case where there might be a sentence of up to one year.

The committee also recommended that standard remission be raised to one third for all sentences over one month and that enhanced remission of up to one half be made available for certain categories of prisoners who engaged with services within prison. This was considered by the review group which, on balance, came down in favour of retention of the current system of remission, which has a standard rate of one quarter.

The committee recommended that there be a single piece of legislation to provide for various forms of structured release and the recommended changes to the rates of remission. The Minister will consider the potential for consolidation of legislation in such matters.

Finally, the committee recommended that prison conditions be improved and that the amount of open prisons be increased. Members will agree that major improvements have been made in prison conditions in recent years. Overcrowding in Mountjoy Prison has been eliminated and priority is being given to reducing overcrowding in Cork, Limerick and the Dóchas Centre. It is intended to reduce the capacity of our prisons to align with the Inspector of Prisons recommended capacity of 3,982, in so far as this is compatible with public safety and the integrity of the criminal justice system.

Mountjoy Prison has been transformed, almost beyond recognition. A new Cork prison is under construction and is on target to be completed later this year. The business case for the redevelopment of Limerick Prison, including the provision of a stand-alone women's prison has been approved by the Department of Public Expenditure and Reform. Options regarding improved accommodation for prisoners currently housed in the E Block of Portlaoise Prison continue to be explored. The Joint Irish Prison Service Probation Service Female Strategy commits the Prison Service to exploring the development of an open centre for women prisoners. A sub-group was established to examine where such a facility might be provided within the prison estate. I understand that the sub-group recently submitted its report to the director general of the Prison Service for his consideration.

The report of the review group contains 43 recommendations, some of which can be implemented in the short to medium term, while others require a more long-term approach. Last November, the Minister obtained the agreement, in principle, of the Government to proceed with the implementation of the following recommendations: the introduction of legislative proposals to establish the Parole Board on an independent statutory basis; preparation of proposals and options for Government on reform of sentencing policy, including a review of the threshold at which presumptive minimum sentences in drugs and other offences apply; preparation of proposals for Government on legislating for the review's recommendation that courts set out in writing their reasons for imposing a custodial sentence; and preparation of proposals on the potential for increased use of earned remission and pursuance of options for an open prison for female offenders. Work to progress the implementation of these decisions is under way.

Following consideration of the review group report by Government, the Minister referred it to the joint committee which broadly welcomed many aspects of it. While the committee expressed disappointment that the review did not include its recommendation on increasing standard remission, I understand it did accept that this could lead to altering or increasing relevant sentences of imprisonment.

The Minister notes the committee's call for her Department to increase its capacity for research and optimise data collection. This proposal is currently being looked at. In its reply the committee also referred to its report on the use and effectiveness of community courts and the recommendation that a trial community court be established in Dublin city to deal with summary and petty offences. The review group also made a recommendation on community courts. The committee report provides a starting point to consider whether the community court model can be of benefit to the Irish criminal justice system. The Minister has already stated that a considerable amount of preparatory work needs to be undertaken in collaboration with all stakeholders before a pilot project can be established. When the matter has been fully examined, she intends to bring forward proposals on the establishment of a community court in Dublin city on a pilot basis.

The review group recommended the establishment of a group that would report every six months to the Minister for Justice and Equality on the implementation of the report. The Minister recently announced the establishment of a penal policy implementation oversight group chaired by Dr. Mary Rogan, head of law at Dublin Institute of Technology. Dr. Rogan was a member of the review group and as such has a deep knowledge of the issues addressed in the report. Officials from the Department of Justice and Equality will shortly meet Dr. Rogan to discuss membership of the group and the mechanics of its operation. Separately, the Department has set up an internal cross-divisional working group to co-ordinate and take forward the implementation of the report's recommendations.

Much progress already has been made in terms of some of the recommendations of both reports and the progress to date provides us with a firm base from which to proceed with future reform. Both reports are important contributions to the debate on penal reform. They provide us with a road-map for the future and will be an invaluable source of advice to the Minister for Justice and Equality, the Government and everyone interested in making progressive and effective changes to penal policy. The Minister looks forward to working with Government colleagues, members of the joint committee and others in achieving that goal and hopes she can count on their active support and guidance as she works towards implementing real and meaningful change.

The Deputy made a reference to working harder to keep people out of prison. An article by Neil Gaiman, in The Guardian on 16 October 2013, had a major effect on my position on policing, community, the drugs crisis and literacy, in particular:

I was once in New York, and I listened to a talk about the building of private prisons – a huge growth industry in America. The prison industry needs to plan its future growth – how many cells are they going to need? How many prisoners are there going to be, 15 years from now? And they found they could predict it very easily, using a pretty simple algorithm, based on asking what percentage of 10 and 11-year-olds couldn't read.

We should accept that prisons do not work and we should look at the alternatives. I will not go through the statistics but we are well aware our prisons are full of poor people who were disadvantaged in the early stages of their lives. Keeping someone in prison costs a fortune and is a serious waste of money. The money could be used in a more positive way. If it costs €65,000 to keep one person in prison, can we imagine what we could do with that at the early stage of kids' lives? From the point of view of the State, we have the most disappointing child care facilities in Europe. This is very important and we should address it. Everyone is familiar with the idea that every euro we spend on a child under three years of age saves the State €8 before the child is 20 years of age. We are all in favour of clever investment so it is hard to credit that we are still struggling to have a proper free child care system at State level. People are struggling to make ends meet because it is so expensive. My son has a child and it costs €750 a month to have the child minded three days a week. That is crazy and makes life difficult. That child care does not exist in the proper sense is having a social impact and is having an impact on the economy. I have visited a number of prisons. The Minister touched on the fact that slopping out has almost been done away with. It is still in place in Portlaoise Prison, which is disappointing.

The opening speaker referred to Cork Prison and how horrendous it is. Although I have not been in it, I believe him. It is disappointing that we are not looking at single cell occupancy in Cork Prison. We argued this point with the Minister at the time. I had a number of battles with Deputy Alan Shatter when he was Minister but he was very good on prison issues. I was disappointed that he did not go for single occupancy in Cork Prison. He more or less said that if we went for single occupancy, we would have half the prison space. Well, that is good because we should have only half of the space. We need to reduce the prison population. In fairness to Deputy Alan Shatter, to his credit it has reduced in the past number of years. It must come down further because sending someone to prison for not paying a television licence fee is irrational. It does not make sense and it costs the State a ridiculous amount of money. Zero people benefit from sending people to prisons for not paying a television licence.

There are many other people in prison for not paying fines and sending them to prison is ludicrous.

I am a strong believer in community service. People should not be able to buy their way out of it by paying fines. Community service is good for everyone. I have had the pleasure of doing some myself and I found it very beneficial. I could not give Members all the details as I would have to kill them if I did. It would be all over the Irish Independent tomorrow.

We will not leak it.

Deputy Finian McGrath will not leak it anyway. I challenge any other Member to race him to the plinth.

No one is listening.

Community service makes sense as it brings people back to basics, keeps them in touch with reality and is a far more productive way of dealing with someone who has infringed the law rather than putting him or her in prison.

It would be good if we could close prisons. The Minister of State mentioned America and it is fitting that he did so. It has become a joke in America, with more than 2 million people in prison. They have privatised most of it so people have a vested interest in increasing prison numbers. Thankfully, we have not gone there and hopefully we will not privatise prisons because if we do so we will see the numbers increase. America has lost the plot on prisons and it is a massive problem.

Some people cannot be controlled and cannot behave themselves. We must curtail their activities through imprisoning them. Aside from those people, there is no logical reason for most people to be in prison. How mad is the idea of sending women to prison? I do not think there should be a women's prison and no woman should ever be sent to prison. Too many men are being sent to prison for things that could be dealt with in a different way. I am grateful for the opportunity to speak on the issue and I will not take up any more time.

The Deputy should praise Deputy Alan Shatter again.

I pay tribute to the authors of the committee's report. I am currently a member of the committee although I was not at the time of the report. I congratulate Deputy David Stanton on his honest hard work and the committee members on the consultative process and on producing a constructive and positive report. It is also critical in examining future reforms that are needed in the system.

We need to continue the change in our prisons to see what we want as a Parliament and as a people. Prison is there to punish people who have committed serious crime and protect the victims of crime and the public. Some of the sentences handed out should be longer because some crimes are appalling. Standard sentences ought to be increased.

At the same time, a significant number of people in prison should not be there. I have interesting statistics on the number of people committed to prison in the past 12 months from a reply to a parliamentary question. In the past 12 months, the latest for which figures are provided, some 8,965 committals to prison were made last year for people who did not pay fines. The number of women in prison has risen from 2007, when there were 159 women committed to prison for non-payment of fines.

That was 12% of all prisoners committed at that time. In 2014, that increased to the appalling number of 3,093. That is the number of females who were brought to prison for non-payment of fines last year, which was 19% of all prisoners. There has been a significant increase in the number of women committed to prison, about which I am very concerned.

If we look at the number of people committed to prison for non-payment of fines last year, it is as if the population of Dungarvan and its environs, which is roughly 9,000, was brought by a Garda car to the nearest prison, with perhaps with one to two gardaí present, and then went through the committal process. The committal process is a standard operational procedure. All offenders are assessed and accommodation is appropriated according to their needs. Dedicated units exist for this. Once a prisoner is committed to prison, the warrant is executed and the prisoner is brought to the reception area where he or she is searched and his or her property is retained and logged. He or she is then brought into the committal unit. Each prisoner is given an information booklet, outlining his or her rights, duties and obligations and is assessed, including the risk to self-harm, if any exists, and undergoes a health care assessment in the unit. The prison governor then speaks to the prisoner.

On 18 February 2015, there were 55 committals to custody for non-payment of fines, information which was contained in a parliamentary question. That means 55 Garda cars arrived at prisons with 55 prisoners, none of whom had paid their fines. Of these, 49 were released on temporary release that day. The fact is the system is giving the two fingers to this Parliament and to the people because this Parliament passed legislation that this would cease and that no more prisoners would be brought to prison as a default for non-payment of fines. That Bill was signed on April 2014, so almost one year ago, this Parliament, the Minister, the Government and the Opposition, including Fianna Fáil and Independent Deputies, said they wanted this to stop but it is still going on.

Last week a gentleman came to my clinic who had a fine he could not pay. A garda has called to him on more than one occasion to say he will have to pay this fine. He has a young family and is on €230 per week social welfare. He does not have the money to pay the fine and the law we passed states that he can arrange to pay it over a period of time, for example, a year. However, he cannot do that and he will be brought to prison very shortly. It does not make sense; we are not dealing with this issue. We decided what would happen but the system has failed utterly. I am talking about the Civil Service and not about the politicians. We passed a law but we have failed to protect these people and offer them an alternative to what is happening.

There is a very interesting discussion on page 14 of the report Deputy Stanton and his committee produced about what will happen when the Fines Act is implemented. The discussion is with Mr. Jimmy Martin from the Probation Service at the Sub-Committee on Penal Reform and it reads as follows:

Mr. Jimmy Martin: As soon as the Courts Service has adjusted its computers, we will provide a commencement order that will bring it into effect. I know money has been provided in this year’s budget to adjust the computer system but I do not know how long it will take.

Chairman: How many people were processed every year?

Mr. Jimmy Martin: Over 100,000 people received fines and some 7,000---

Senator Ivana Bacik: The figure for 2011 is 7,000.

Mr. Jimmy Martin: I do not have the figures before me but that sounds about right.

Chairman: The hope is that this will reduce substantially.

Mr. Jimmy Martin: It will be almost eliminated.

Chairman: It will take pressure off the prison service.

That has not happened to date, and that is what is wrong. I call on the Minister to examine this issue urgently because in a reply to a parliamentary question from me she stated that there is a problem, the process is being outsourced, there are delays and that it could be the third quarter of this year before the system is in place. We have said in a law, signed by the President, that this should not happen. We need a moratorium on committing people to prison for non-payment of fines only from today, provided that person makes an immediate application in the District Court or through the local Garda station when the warrant for his or her arrest and committal to prison is presented to him or her. The person is given an option to sign up, which many people do. We cannot allow this House to continue to be frustrated. It is appalling and unacceptable.

There are issues in regard to female prisoners, to whom Deputy Wallace referred, which need to be addressed. I understand that 85% of women who go to prison go for less than a year. We do not have an open prison for women which we have for men. I have raised many other issues with the Minister in parliamentary questions.

We need to continue our reforms. This is not a criticism of the Government but of the Courts Service of Ireland, which is not delivering as it should do. It knew from 2010 that this was an issue yet nothing has been done.

Last week a woman from Donegal was sent to prison for not paying her television licence fee. The television licence costs €160 but the daily cost of keeping a prisoner is exactly that amount. What is the point of sending a person to prison when we have decided it should not happen anymore? Will the Minister of State bring to the attention of his Department the need to act on this issue?

I would be happy to table a motion on a strategy to keep women out of prison because, as Deputy Wallace said, they are extremely vulnerable, many of them are poorly educated, they are often under severe family pressure, they are often the only family carer, they are young mothers and people who have great and serious difficulties. Putting them in prison when they do not need to go there and when there are other real and sensible alternatives does not make sense. I am not saying anybody should get away without paying his or her fine. The Dáil has said that people must pay fines but that they should not go to prison, which is the problem. It is an appalling waste of money and it is unacceptable that it continues in defiance of a vote of this Parliament and the signature of our President on that Bill.

I would like to make a few brief points. I recognise it is a very good thing that the committee has discussed this issue and I am glad to participate in this debate. I echo the points made by Deputy Wallace in regard to the former Minister, Deputy Shatter. It is an open secret that previous Ministers for Justice, such as Michael McDowell and Dermot Ahern, did not care about anybody who was in our prison system. They probably never met any of them, did not mix in their circles, did not really care what went on behind the prison walls and took no interest in that topic. The former Minister, Deputy Shatter, from the time he assumed office, took a very active interest in that area and was recognised throughout the Prison Service for that. Some of the measures which are at least on paper or are in law but not implemented are attributable to that work and that is certainly a good thing.

I also recognise the work done by the likes of the Penal Reform Trust but particularly by the Jesuits who have really pushed the boundaries on these issues. I do not disagree with anything in the report but it is probably not very radical when one thinks about it. It is now accepted in society that people should not be sent to prison for non-payment of fines. The idea of open prisons is to be welcomed. Overcrowding in prisons and the fact people who are in our prisons come from certain impoverished background has a huge bearing on that.

While it is all very well that we are inching forward in the right direction, not enough is being done. As is often the case, our actions and words are not in sync. For example, while it is welcome that prison conditions in Cork are being improved through the building of a new prison, the decision to provide for multiple occupancy cells in the new facility is a regressive step. Given that single occupancy cells are best practice, the plan to provide for multiple occupancy cells should not have been approved.

Conditions for women in prison have worsened. The number of prisoners in the Dóchas Centre is shocking. I spent a month in the centre about 12 years ago, which was not long after it opened. The Dóchas Centre was based on an enlightened ethos which was focused on rehabilitation, training and providing access to education and so forth. By the time I was imprisoned, however, many of the amenities were being under-utilised and the women did not have access to some educational facilities. There was also a revolving door in operation, with young women from very similar backgrounds being imprisoned, released and imprisoned again. In the overwhelming number of cases these women were victims of abuse and drug users. When they arrived in prison they were often in poor condition but their health would improve because they were in a secure environment in which they were provided with a couple of meals every day. After a short period of imprisonment, they were returned to the conditions from which they came, which was a complete waste of money.

I am an abolitionist when it comes to prisons in that I do not believe there is any legitimate reason for their use other than in the rare occasions where someone presents a security danger to himself, herself or others. The current focus on prisons starts with this very small number of people when they should be the last people to be dealt with in this regard. Too often, people mistakenly believe there have always been prisons. Prisons were first used as holding centres for people until their punishment had been decided. In the past, people were subjected to punishments such as being hung, drawn and quartered, after which their entrails were burned. Prisons were then proposed as a more enlightened approach to dealing with criminals. This approach coincided with the abolition of the death sentence in many countries. The purpose of prison was to provide a facility that would not only hold people and prevent them from endangering others but also rehabilitate and turn them into more effective members of society. We have moved away from this enlightened approach.

Major studies of the penal system have found that some of the people who would have been placed in large mental health institutions in the past are now being sent to prison because such institutions have closed. There is a direct correlation between how we deal with mental health issues and prison numbers.

On the issue of women in prison, the number of women in prison could be counted on one hand until the 1970s or 1980s. These women were primarily the small number of republican women in Limerick Prison. The reason women were not sent to prison was not because we were soft on women or opposed to equal rights but because women tend to commit completely different crimes from men. Women tend to be incarcerated for low level, non-violent crime that is linked to poverty and drug use. Shoplifting is one such example. Baroness Corston in the United Kingdom, who is not known as a radical, has produced a tremendous report which states categorically that the dislocation factor caused by the imprisonment of women who are the primary carers of children often results in their children having to move area, becoming homeless and becoming a drain on social services and their wider families. We must move away from this highly regressive approach. Unfortunately, the number of women in prison is higher than ever. This issue must be addressed because it does not benefit anyone.

People have also been sent to prison for immigration related issues. One woman who has been in the Dóchas Centre for approximately 18 months was trafficked into this country to be exploited as labour. This is lunacy.

We must step back and admit that everybody breaks the law. While not everyone will admit doing so and some people engage in more serious offences than others, everyone breaks the law at one time or another. People should not be demonised for their behaviour. Nowadays, teachers will not describe a child as bold or good but will describe his or her behaviour in those terms on the basis that people should be valued and we must work with them. Society in general needs to move in this direction. A large proportion of prisoners have been imprisoned for crimes related to drugs. We must review our approach to drugs because the ridiculous policy of criminalising drugs that are regularly used by large numbers of people results in many people who are not a danger to anyone being imprisoned. In this regard, the proposed legislation to criminalise the purchase of sex is also ridiculous as it could also lead to people who should not be in prison being sent to jail.

Deputy O'Dowd made a number of very good points on imprisoning people for non-payment of fines. Vested interests want to maintain the current approach to prison because it has become a significant money-making industry. People depend on the public prison service for their livelihoods. We need to take a step back and adopt a different approach. Restorative justice, which involves getting people to pay for their crimes or actions, not by locking them up but by confronting their behaviour, including through community service, is a much better approach.

I welcome the report. It is good it is being discussed in the House. More work has been done on this issue by this Dáil than was done over the past ten or 15 years. It is not enough, however, because we need to take a more radical approach. We should strive towards removing all prisons and replacing them with a few containment areas for the small number of people on whose behaviour we need to work because they pose a danger to themselves and others. Punishment never works and we should focus on rehabilitating people and working on their behaviour to ensure they can become full members of society. If we spent a fraction of what we spend on prisons on education and investment in the communities from which most prisoners come, everybody would be much better off.

I congratulate the Chairman and members of the Joint Committee on Justice, Defence and Equality on the work they have done on this issue. In one respect, I am glad I do not sit on that committee because it does such a large amount of work. It has produced a very interesting report which contains many good elements.

I propose to speak on three or four issues. I fear that society pays lip service to the issue of rehabilitation. We lock up and release people without trying to rehabilitate them or address the more fundamental issues that led to their imprisonment.

We should be concerned worried about people taking advantage of the prison system and it developing into an industry because people have taken advantage of the direct provision system to make money over the years. Given the work the Minister of State is doing on this issue, I do not propose to discuss it in detail.

To return to the concept of rehabilitation, Deputy Stanton, the Chairman of the joint committee, referred to the Care After Prison organisation. I have met members of the group's staff on a number of occasions and also attended one of its fund-raising events. It is an excellent organisation whose small staff look after and rehabilitate former offenders. It is the first charity of its kind in Ireland. A pilot scheme run by Care After Prison in 2012 dealt with 280% more people than was anticipated and none of them was subsequently reconvicted. This is exactly the type of successful programme we should support.

While Care After Prison was awarded a small contract by the Irish Prison Service in 2013, it and similar organisations require more funding to prevent further people from re-offending and returning to prison. A small amount of money could make a major difference and would be a smart way to use resources. While the Department has engaged with Care After Prison, I hope it will do much more work with it and will use the organisation to benefit people leaving prison and society as a whole.

The retention of information after arrest is related to the report, albeit tangentially.

I asked a parliamentary question last year about the timeframe within which An Garda Síochána was required to hold information on a person detained and arrested by them, even where that arrest did not lead to a conviction or a successful prosecution. It seems that in such circumstances, when a criminal investigation has been completed and no charge proffered, An Garda Síochána can retain the information collected and hold onto it for as long as it deems appropriate. I am concerned by this because, based on the response I received from the Department, it seems it can retain information on people indefinitely, even though it has not led to any conviction or prosecution. That issue needs to be examined closely. How long they can retain such information seems to be up to gardaí to decide. Is anybody regulating this practice and who determines the necessity of it? Is the Garda Inspectorate involved?

That leads to the issue of spent convictions. It is important that people's rights be respected. Already we have seen a European Court ruling against the practice in the United Kingdom of retaining fingerprint evidence where people are arrested or detained but which has not led to a conviction or prosecution. I understand the keeping of fingerprints is more serious than retaining information because they can be linked with the individual. The practice of retaining information reflects an attitude on the part of gardaí towards individuals, whereby there is a suspicion of guilt, even though there may be no reason for it or there is no evidence that would lead to an arrest, a conviction or a prosecution. Is that a practice An Garda Síochána should be allowed to continue?

On the Criminal Justice (Spent Convictions) Bill, since my election to this House I have received significant correspondence from individuals both here and in the United Kingdom. I am concerned about what I understand is the timeframe of seven years in regard to certain convictions. I am concerned that this is unfair on persons who are trying to get past a mistake they have made and trying to find work, both here and abroad, or who wish to travel to other countries. They are trying to rebuild their lives. Their conviction might relate to only a minor offence due to an unfortunate circumstance or sequence of events, but because of how it has been treated, it may have prevented them from re-establishing or continuing with their lives. Therefore, I hope we can move quickly towards clarification on this issue. If seven years is the timeframe in the case of approximately 80% of District Court convictions, we need greater flexibility and the timeframe needs to be reduced. I understand further changes are on the way and perhaps these might provide an opportunity to deal with the issue.

I congratulate the committee on its work and look forward to the debate on its next report.

I thank the Chair for giving me the opportunity to speak about the report on penal reform. I commend all those involved in its production and congratulate Senator Ivana Bacik, my colleagues and the Chairman, Deputy David Stanton, on the work done in the production of such reports by the committee. I also thank all colleagues for their participation in the debate because the committee is always looking for ideas and solutions. Under the guidance of the Chairman, it takes a cross-party approach to every issue. This is particularly important in dealing with issues such as the report on penal reform.

The core issues when dealing with penal reform are the causes of crime; the social and economic issues; the issue of educational disadvantage; prison and after care services. I agree strongly with the point made by Deputy David Stanton that the report should have been brought before the Dáil within six months. I am aware that the Minister of State has said he will bring this to the notice of the Minister, Deputy Frances Fitzgerald. We cannot lag behind on issues such as this.

On the causes of crime, we must face the fact that a high percentage of the prison population come from severely economically and socially disadvantaged backgrounds. I do not accept, however, that all children from poor communities become involved in crime. I know the truth of this having worked in a disadvantaged school for over 25 years. Approximately 80% of the children who were disadvantaged economically never got into trouble and I take my hat off to their parents who got their kids to school every morning. Many of them did not have enough money in their pockets, yet their children attended school and did their best. However, approximately 15% or 20% of the children who attended the school faced issues, including poverty and disadvantage. They also faced personal and dysfunctional family issues. As one would know from talking to prisoners at a later stage, these issues of violence, hurt and anger played a major part in their problems. We must consider these issues in depth as causes of crime and a reason for the greater numbers of prisoners in the system.

We need a strong emphasis on crime prevention. We need to intervene early to deal with the problem. We have a prison population of 3,768, but we all want to see a reduction in these numbers. I am open to radical change in prison sentences and believe the proposal on community courts is excellent. We have seen this work elsewhere and visitors from the United States have spoken to us about them. Some of my colleagues have also witnessed the workings of these courts at first hand. I am impressed by the system as a solution and encourage the Minister to consider launching a pilot project. Such courts would deal with many of the issues that arise.

The issue on which I disagree with some colleagues is the sentences handed down to violent individuals and violent prisoners. I do not accept that they should not be locked up. Violent people must be locked up. If a journalist walking home from the pub at night is beaten up and murdered, there must be a custodial sentence. In a situation where a young plumber such as Anthony Campbell is blown away by those involved in gangland crime because he happens to be in a place at the wrong time, the people responsible must be locked up. We must face up to this reality. When I speak about reducing prison sentences, I am speaking about sentences for non-violent crimes. We must consider this issue. I agree with many of the recommendations and commonsense proposals made in regard to after care services for prisoners. We must deal with this issue if we want prisoners to be reintegrated into their communities.

Early intervention structures are important. Take, for example, a wonderful service offered in my constituency by the Don Bosco care service. It looks after over 100 young boys from dysfunctional families and families in crisis. It offers after care projects, training and education projects and operates in various locations throughout the city of Dublin. It does an excellent job, yet it is fighting for its budget and has taken a hit of approximately €200,000. If we are serious about having early intervention measures, we need to support the services which deal with these issues.

Drugs are another source of concern as they bring crime and threats to communities. Certain parts of the city and certain roads and streets are dominated by gangland leaders who cause mayhem and intimidation. We need to come up with radical and sensible solutions to this problem. The committee intends to look at this issue and consider all of the different aspects such as legalisation and decriminalisation of drugs. We must have an open mind on the issue. Some young people are sucked into incidents once or twice and we do not want to label them forever.

I strongly support the suggestion that we need a Minister to work full time on the drugs issue.

Like Deputy David Stanton, I took part in the visit to see the conditions in Cork Prison. It is a very interesting place. It is welcome that work on the new prison is under way. At the time I was concerned that there would be a row over planning permission, but, apparently, that issue has been resolved. The new prison is urgently needed.

While I support the proposals made in the report, we must decide what to do about the victims of crime who seem to have been left out of the debate. That is a complaint I regularly hear from constituents. We do not do enough for them. The new Garda Commissioner has said she will up her game and try to do something about the issue. Many victims of crime feel neglected and say there is too much emphasis on the criminal. That is a valid criticism. I am not losing my sense of social justice on prisoners’ rights and equality, but victims of crime are part of the equation. I know a young man who was shot outside a pub in my constituency. He was very badly wounded and is lucky to be alive. He was out of work for two years. Both he and his family suffered. He is still getting over it, but he has received nothing for himself or his family, even though he has lost two years wages. That is unacceptable. We need to consider after care services for victims, too.

I welcome the reduction in non-violent prisoner numbers. If somebody takes out a knife or blows somebody away, that is a red line issue in society. I agree with commuting prison sentences of less than six months, increasing the standard remission rate and introducing the incentivised remission scheme, of up to one half. I support this because I believe in rewarding good behaviour. If somebody makes a mistake and makes an effort to turn around, we should definitely reward and encourage this. We should also introduce legislation to provide for structured release, temporary release, parole and a community return. We have also considered addressing prison conditions. It is welcome that this is happening. It is also welcome that the review group recommended establishing a group that would report every six months to the Minister for Justice and Equality. It is headed by Dr. Mary Rogan, head of law at Dublin Institute of Technology.

When the committee publishes its report on gangland crime, we will want it to be debated within a matter of months. Deputy David Stanton suggested timeframe of six months, but three or four would be better. We also want to see recommendations being implemented. I know that Ministers are busy, but if there are five or six sensible suggestions from a committee representing all members of the different parties and groups in the Dáil, we should move on them. I welcome the debate and warmly welcome the report.

I thank everyone who contributed to the debate. I have listened carefully to the range of views expressed on this important subject. I am grateful for the constructive suggestions on what we could do to progress real and meaningful penal reform. The first concern of the Minister for Justice and Equality is public protection and safety, reducing reoffending and helping to make communities safer for everyone. She is committed to having a programme of comprehensive reform in the administration of criminal justice, including, in particular, reform of prison and penal policy. She believes this reform will contribute to having a safer, more efficient and equitable criminal justice system. In that regard, she very much welcomes the Inspector of Prisons' independent review of the Irish Prison Service. The review will focus on cultural issues within the service. It is timely and will build on the significant progress made in recent years. While much has been done to address the many issues which have adversely affected the prison system for many years, the Minister believes more can and should be done. Like the inspector, she wants to ensure everything possible is done to reinforce a positive culture at every level of the service. She looks forward to receiving the inspector’s report in six months time and is confident that it will make a positive contribution to reforms already under way in the service.

There is much commonality in the report of the joint committee on penal reform and the report of the penal policy review group. Both reports are important and the Minister is anxious to press ahead with action on foot of the recommendations of the review group with the aim, as the report states, of developing and sustaining a just, proportionate and humane penal system which will contribute to the overall goal of reducing the level of offending. The Minister is confident that implementation of the recommendations of the review group, supported by the report of the joint committee, will make a real difference in contributing to future policy and practice. I assure the House of her commitment to a programme of comprehensive reforms in the administration of criminal justice, in particular reform of prison and penal policy. She believes this reform will contribute to a safer, more efficient and equitable criminal justice system.

I am delighted that the Minister of State was present to listen to and take part in the debate. It is timely that we are debating these issues. It is a shame, however, that it took two years for the report to land in the House. We should now work to find time to have reports such as this, if we value them, debated much earlier. I agree with Deputy Finian McGrath that we should be able to find time within months of their publication. A lot goes on here that we could do without. I wonder, however, about the value of having this debate at this time on a Friday, with just three Members present, and whether we should have it at another time of the week, when there would be more colleagues present to hear what was being said and take part. A great deal of time and work go into these reports. Many people travel from different parts of the country to give of their expertise and we do them a disservice when we do not give time, space and prominence to debate reports properly. I call for a rethink of that structure.

We spoke about front door and back door policies. I quote what Mr. Jimmy Martin from the Department of Justice and Equality told the committee:

On the mental health issue, the percentage of people in prison that suffer from mental illness as compared with the average number of people per head of population suffering with a mental illness is high. This is not too surprising for a number of reasons. People who engage in substance abuse are more prone to mental illness than others. One of the affects [sic] of taking mind altering drugs is psychosis. There are a range of different people within the prison system, including people who were in reasonably good mental health when they arrived in prison but who have developed mental illness while there. As such, their mental illness has nothing to do with their offending behaviour but developed either as a result of substance abuse or the prison environment, which can be quite alien for most people.

That comment from an expert and a dedicated professional is worth bearing in mind in reducing the numbers in prison and using alternatives. We need to consider the excellent work being done on shoestring budgets by groups such as Care after Prison, the Irish Association for the Integration of Offenders, IASIO, the Etruscan Centre, the Cornmarket Centre in Youghal and the Churchfield Centre in Cork. Such small groups are to be found all over the country and they are very effective. Care after Prison was 100% effective in stopping reoffending.

The Minister of State is responsible for equality issues and new communities. That is welcome, but according to the Irish Penal Reform Trust:

60% of people serving sentences for 6 months or less are poor, and are often homeless people.

The majority of Irish prisoners have never sat a State exam and over half left school before the age of 15.

Four in ten children (under 16 years) on custodial remand have a learning disability.

From 1997-2011, the numbers in custody increased by almost 100%.

There were comments about the American system. I know from other reports that some states in America have reversed engines very quickly because they discovered that privatising prisons and locking people up was not working. One state was spending more on prisons than on universities. New York is a case in point in that the community court system works very well. We need to move fast on this issue. It needs political pressure, decisions and a Minister to take charge of it.

Deputy Shatter did a lot of good work when he was Minister.

Reference has been made to the new prison in Cork. Even though the cells are built for double occupancy, I understand the intention is that there would be only one person in each cell if we can continue to reduce the numbers and use the alternatives to prison. Community service is a very good alternative and I saw it working in New York. Not everybody in the community courts avoids prison, but the vast majority do, they do not re-offend and they turn their lives around and get the help they need.

There were 396 committals under immigration law in 2013. Deputy O'Dowd spoke eloquently about the 8,304 people who were committed to prisons for the non-payment of court-ordered fines. A significant amount of time and effort is involved. I have spoken to gardaí who are frustrated by this. They arrest people and bring them to prison. As Deputy O'Dowd said, the prison authorities have no choice but to send them home again. It is then deemed that the fine has been expunged. The waste of time, resources, manpower, money and policing services in doing that is enormous. Why is an alternative system not up and running?

I understand there were issues in getting funding for new computer systems. However, the imperative should be to stop that happening. Anybody who is fined should not be sent to prison. That might not happen in every case, but the vast majority of people should have their wages reduced over a period of time. Such an approach would probably have far more of an impact than taking a person to prison in a Garda car, processing him or her and letting him or her out again. Sometimes people are home before the gardaí are, which is crazy. We need to seriously examine this issue.

I welcome the fact that the report is being debated, the review of penal reform has been published by the Department of Justice and Equality, the two reports are in sync and the recommendations in both reports are matched. We still have a lot to do. We have to be tough on crime and tough on the causes of crime. I agree with Deputy Finian McGrath, who spoke about people who are violent and dangerous. There are no two ways about it; such people have to be taken out of circulation.

I invite the Minister of State to visit the Cornmarket Project. It has a very powerful system of dealing with difficult prisoners and challenging prisoners' behaviour and lifestyles. It works. We need to consider that.

I refer to incentivised remission and releases, where somebody earns release and gets involved in programmes, education, training and so on in a prison before he or she is released. I do not want anyone to be under any illusions. I am not saying that should happen automatically, as seems to happen. Remission should be earned. We should carefully consider the use of open prisons, such as those in Finland and other countries. Electronic bracelets could be used on the ankles of those who have been released from prison so they could be put on a curfew and obliged to stay out of certain areas. Such imaginative thinking should be used.

I welcome the fact that the number of people in prison has decreased to 3,780 today from a total of 4,400 in May 2012. We have to stay with this subject and return to it in the not too distant future, and have a full report from the Minister of State on how all of the issues are progressing.

I thank the Leas-Cheann Comhairle for the opportunity to report to the Dáil on the work of the Joint Committee on Justice, Defence and Equality. I also thank my colleagues for the work they put into the report and everybody who made presentations and submissions.

Question put and agreed to.
The Dáil adjourned at 1.25 p.m. until 2 p.m. on Tuesday, 10 March 2015.
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