The latest Council of Europe statistics which were published in March 2011 show the number of prisoners in Ireland per 100,000 inhabitants at 88.1 which is below the European median average of 119.4. The figure in Ireland is well below that in countries such as Spain and the United Kingdom which have high figures of approximately 150 per 100,000, slightly below that in countries such as Germany, the Netherlands, France and Italy but above that in Scandinavian countries such as Finland, Denmark and Sweden which have figures such as 67 and 77 per 100,000.
The figures for overcrowding and population density per 100 prison places are not always the most accurate, but they provide a rough idea of circumstances, as they are dependent on the legal regime in place in the various countries. The occupancy rate in Ireland is shown at 97.8% which is approximately the average for European countries. Other countries such as France, Italy and Spain have a much higher density, but Irish prisons are more crowded than those in countries such as the Netherlands, Denmark and Germany. However, there is a rider, as the number of places per prison can influence the figure enormously.
What is remarkable about our prison population is that there was a huge increase between 2006 and 2010, with numbers increasing by approximately 1,000 which represents an increase of more than 30%. This moved us away from being a country with a traditionally very low rate of imprisonment towards the European average and placed a huge strain on the prison system with regard to accommodation standards and the provision of services. The upsurge was aggravated by the fact that conflict between criminal gangs which traditionally did not extend into prisons did so. The number of criminal gangs means it is far more difficult for prison management to keep matters under control. We conducted an internal analysis to establish the cause of this increase and it suggests a significant increase in the number of long-term prisoners. The percentage of prisoners serving shorter sentences, of less than two years, has decreased as a proportion of the total prison population.
Only a small number of persons facing criminal charges receive a prison sentence. In 2010 more than 250,000 people were convicted on criminal charges. These included a substantial number of convictions for road traffic offences. However, only approximately 15,000 people received a prison sentence. While it is difficult to be definitive, the evidence does not suggest judges are now more likely to impose a prison sentence than previously. However, the number of serious cases being dealt with has increased substantially. In 2006 the Circuit Court which deals with more serious indictable offences dealt with approximately 1,000 accused persons in criminal cases. By 2010 this figure had increased to more than 3,000. The indications are that the proportion of cases attracting a prison sentence has not changed significantly. However, because the volume of serious cases has increased, the number of prison sentences has increased, as has the average length of sentences.
Penal policy cannot be viewed in isolation from the overall objectives of the criminal justice system. The Oireachtas determines the range of offences and what sanctions may be applied; the Garda and the Director of Public Prosecutions decide who is prosecuted and diverted away from the criminal justice system; and the courts determine what sanction is to be imposed when a person is convicted. The Irish courts have taken the general line that once a sentence is imposed, the management of the sentence is a matter for the Executive. In practice, this is done by the Irish Prison Service and the Probation Service in line with policy determined by the Minister and the Government. By international standards, Ireland has a flexible system of early release from prison. In many countries exit from prison can occur only in defined circumstances set down in statute or through a system of early release controlled by a quasi-judicial body acting independently of the government. In this state we have provision for temporary release on which the Executive can decide subject to the requirements of the Act.
The Irish Prison Service is responsible for the safe custody of prisoners and providing rehabilitation services for those in custody. Rehabilitation is a difficult and complex subject on which there are many conflicting views. The majority of offenders in prison are young males with little education or employment experience. Frequently they suffer from substance abuse, come from dysfunctional family backgrounds and tend to act impulsively without regard for the consequences. The mainstream services in prison try to address these matters by providing education and work training, as well as addressing substance abuse. More specialised services are also provided, including the sex offenders programme.
The Probation Service is responsible for providing pre-sentence assessment reports on offenders for the courts; supervising offenders on court-ordered probation, including community sanctions under the Children Act 2001; operating the community service scheme; restorative justice projects; risk assessment of sex offenders and, where appropriate, providing services for the post-release supervision and rehabilitation of offenders in the community. The priority in all of these is to reduce reoffending by prioritising higher risk offenders. It is the policy of the Government to ensure violent and other serious offenders serve appropriate prison sentences, while at the same time switching to non-custodial options for non-violent and less serious offenders. In particular, commitments have been made to implement legislation that will reduce imprisonment where fines are imposed and increase the use of community service.
In line with the recommendations of the report of the Thornton Hall project review group, a pilot system has been introduced for the early release of prisoners with a requirement to carry out community service. This is operated jointly by the Irish Prison Service and the Probation Service; we refer to it as "community return" to distinguish it from community service. Community service happens after court, while community return is a form of community service for those about to leave prison. An interdepartmental group is being established to examine the issue of people with a mental illness entering the criminal justice system. We expect the Minister to be able to announce the terms of reference in the next few weeks.
There are also plans to establish a group to carry out a strategic review of penal policy. The Minister has committed to introducing legislation on strengthening the role of the Inspector of Prisons and Places of Detention and providing for a more integrated approach between the inspector and the prison visiting committees. He intends to place the parole board on a statutory footing.
In the committee's invitation it asked about sources of international best practice. I am sure the committee is aware of these already, but, in addition to material published by the Department and its agencies and the usual Irish academic sources, the Council of Europe's website includes relevant statistics and recommendations on penal policy. The Ministry of Justice and the Home Office in the United Kingdom commission a great deal of research that is accessible through their websites. I once visited their offices and they had more than 100 full-time researchers. Sometimes we avail of their research.
