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Seanad Éireann díospóireacht -
Wednesday, 12 Feb 1997

Vol. 150 No. 1

Prison System: Motion.

I move:

That Seanad Éireann condemns the Government for its decision to cancel the previous administration's prison building programme; deplores the fact that dangerous criminals are given full temporary release on the sole criterion that there is an insufficiency of prison places; questions the reason provision has not been made for improved security in the transportation of prisoners; and calls upon the Government to provide a sufficiency of prison places, to end the indiscriminate use of the temporary release programme to provide prison places for newly sentenced convicts, and to implement measures which will minimise the possibility of prisoners escaping whilst being transported.

I am sure the Minister for Justice will accept that the siege in Mountjoy Prison, when prison officers were held and their safety threatened, was an unhappy start to the year. I want to put on record our gratitude and admiration for all those involved in bringing that siege to a peaceful conclusion. However, we cannot close our eyes to the serious shortcomings of the Government's penal policy. I hope the Minister has the same intellectual honesty to admit there are problems as I have in saying she is not the author of all these ills.

Will the Senator name those who are?

I hope the Minister is gracious enough to accept that there is a serious problem and that no amount of press releases and public relations work can hide it under the carpet. An article by Dr. Paul O'Mahony in The Irish Times at the time of the siege states:

Mountjoy Prison itself is an obsolete Victorian institution totally unsuited to modern requirements. It is grossly overcrowded, with many cells designed for single occupancy currently holding two prisoners. It lacks basic sanitation facilities, still relying on the slopping out of night buckets, and has a very inadequate infrastructure for educational and occupational activities. The majority of prisoners have little or no purposeful activity to fill the long hours and most are locked in their cells for 18 or more hours a day.

That quotation would be more apt for a general discussion on Mountjoy Prison, but I could not let this debate on the Government's general handling of the prison situation go by without saying that a major question mark hangs over the future of Mountjoy Prison as a corrective facility. It has been demonstrated by numerous visiting committee reports and in a recent television documentary that Mountjoy Prison is an institution which has outlived its usefulness. A prison should be a place of punishment and correction for people who have done wrong and which protects the public from criminals. However, there is no excuse for inhumanity on anyone's part. Many of the conditions in Mountjoy Prison — the experts bear this out — are inhumane. Were it not for the fact that the last Government's prison building programme was pulled from under the Minister by elements of the present Government, we could——

Has the Senator been to Castlerea, which is now open?

I know Castlerea is a sore point for the Minister over which she threatened to resign.

I did no such thing.

Senator Mulcahy, without interruption.

Prisoners are shed on a daily basis from Mountjoy Prison because this Government shelved the last Government's prison building programme. Perhaps Senator Magner will clarify the role played by the Minister for Finance, Deputy Quinn, who admitted in this House that it was his decision to cancel the funding for Castlerea prison in the first half of 1995.

This is like listening to a broken record.

The Minister keeps interrupting me which shows she is being rattled. Perhaps the Minister will apologise to all the victims of criminals who were released early from Mountjoy Prison but who would not have been released if the prison building programme had been kept in place.

Are you in touch with your Department, Minister? Are you in a position to tell me how many people were released early from Mountjoy Prison yesterday? Now you are not so ready to interrupt me because you do not know. I challenge you to tell me, without conferring with your officials, how many prisoners were shed yesterday from Mountjoy Prison.

I ask the Senator to address his remarks through the Chair.

I want to know if the Minister can tell this House how many prisoners are shed from Mountjoy Prison on a daily basis. The Minister does not know.

I do know.

A few minutes ago she was ready to interrupt me but when I asked a serious question she became strangely silent.

On a point of order, you, a Chathaoirligh, corrected me for interrupting the Senator.

Is that an apology for interrupting me?

I adhere to the Chair's rulings. If the Senator wants to stimulate me to answer him, I will be stimulated but the Chair is entitled to stop me. I adhere to the Chair's rulings, not to those of a young Senator.

I ask the Senator to address the motion and not to encourage interruption. Senators have the right of reply.

I ask the Cathaoirleach to take into account all the time I have been interrupted.

I would like to stimulate the Minister to take action in relation to prison places and early releases. In a press release of 2 July 1996 the Minister said:

The Minister for Justice also obtained Cabinet approval for the capital funding so that the construction of the women's prison in the Mountjoy complex which will provide 60 extra prison places can begin no later than January 1997.

Has that construction begun? The construction has not begun. The press release also said:

The Government approved the Minister for Justice's proposal to build a new remand prison capable of holding 400 prisoners on the site available at Wheatfield. Planning for this project will commence immediately. The estimated cost of this prison project is £40 million.

We still have no remand prison at Wheatfield. The Minister will recall that this was her panic statement issued only days after the dreadful murders of Veronica Guerin and Detective Jerry McCabe. All of a sudden after a meeting between the Taoiseach, Deputy John Bruton, the Tánaiste, the Minister for Social Welfare, the Minister for Justice, etc., Democratic Left and the Labour Party found some kind of interest in the law and order question and in the total inadequacy in prison places.

The Senator keeps peddling the same lies time after time.

Cathaoirleach, I heard the word "lies".

You have a very short memory. You have been telling lies continuously on that issue.

I ask Senator Magner to please refrain.

I am entitled to a withdrawal of that statement. The Senator said I was speaking lies.

I ask Senator Magner to——

I will not withdraw it because in 1992 I served in the House with Fianna Fáil in the absence of this champion of law and order. The attitude of the Labour Party to crime and law and order is exactly the same in this Government as it was when Fianna Fáil were in Government. He continuously peddles the same lie that the Labour Party is soft on crime or that the Tánaiste, Deputy Spring, and Minister Ruairí Quinn will not co-operate with the Minister for Justice. That is a lie.

I ask Senator Magner to resume his seat. He will have an opportunity to contribute.

The way Senator Mulcahy treats a serious issue of crime and pain on people is a bloody disgrace. He continues to peddle the same arguments week after week.

I ask the Senator to resume his seat. I ask Senator Mulcahy to continue.

I insist that those words be withdrawn as is the precedent of the House.

There was so much being said that I did not hear them. I ask Senator Mulcahy to continue.

An allegation was made about me that I was telling lies. That must be withdrawn or substantiated.

Senator Magner, in the interests of the decorum of the House, I ask that you withdraw if there was any intent in relation to parliamentary——

His continuous references to the Labour Party in relation to the subject of crime and law and order are unfounded and untrue. If the word "liar" upset the Cathaoirleach I am prepared to withdraw it but this sort of nonsense better stop.

I thank Senator Magner for his apology and withdrawal. It is quite obviously a sore point with the Labour Party.

Home truths are always a sore point.

It is also a sore point with all the victims of crime because people have been released early from prison as a result of decisions taken by the Minister for Finance as he admitted in this House.

The Senator's time is up.

It is not up because I have been interrupted so often.

The Chair decides on time.

He is above all others.

There is no provision in Standing Orders for that. You have gone over the time.

We on this side of the House will not be censored by anybody or the constant interruptions, rude barracking, and so on of the Minister for Justice and Senator Magner.

The Senator will resume his seat.

The day they begin to take the law and order issue seriously we can start to take them seriously.

Is the motion being seconded?

I second the motion. The problem of prison places has been a major one in this country for many years. It was an equally serious problem three years ago as it is today. The creation of extra places as described in the amendment is not sufficient. Given the budgetary situation the only way we can provide sufficient prison places over the next 12 months or two years is by providing a prison designed, financed and run by the private sector. This idea has to be taken and considered seriously. There is no doubt that what is happening at the moment is a farce.

I have a list of 12 very serious habitual criminals from the city of Galway with the list of crimes they have committed over the past five or six years. It is an absolute joke that these people are able to go in and out of prison at will. In some cases they have been back in Galway before the gardaí who took them to Mountjoy. It is time an end was put to this. Habitual criminals who are in time and again for serious crimes should be given more punitive sentences when they are returning to jail. A young fellow in Galway on early release having spent nine months in jail committed 14 or 15 very serious robberies over Christmas with bodily harm done to those 14 or 15 people. He was back again in Mountjoy for two days before being transferred to Loughan House. He is 19 years old and it is his fifth time in prison.

There are several thousand young people between the ages of ten and 15 in the criminal school. They are young children with major social problems and problems of deprivation. They are psychologically homeless and in need of serious therapeutic support. They should never have to go to prison, but unless we provide the necessary preventative care and intervention they are going to be the several thousand criminals of tomorrow. These young kids belong to no one except their delinquent peer group. They have experienced profound deprivation prior to their delinquency and are the most disadvantaged and forgotten people in this State. Even at ten, 11 and 12 years of age they are today's young criminals who will be tomorrow's godfathers. While there are numerous good proposals in the Children Bill to deal with this matter, the reality is that no Government or party has faced up to the fact that there is a fundamental and radical change needed in the way we deal with these young kids. Whatever way we as politicians come together, we must do so for their sakes. We must put in place preventative and therapeutic measures and facilities which are robust but humane enough to ensure that they get a home because, even though they are under a roof, they are psychologically homeless.

We have put a lot of money into the Department of Education's miserable effort where we have five units catering for 150 kids. We must come up with a more fundamental and radical proposal. The Army is a wonderful resource for education and training and it must be brought in. I am not suggesting that we do anything other than give the Defence Forces a proper status; however, we have numerous army barracks around the country which are under utilised. There is an opportunity for us to take a radical step forward because we do not have the money to create new facilities. We must look at the existing institutions of the State, and the Army has a major new role to play. I hope these proposals will receive serious consideration from the Minister when I bring them forward.

I move the amendment No. 1:

To delete all words after "Seanad Éireann" and substitute the following:

"commends the Government for its decision of July, 1996 to implement an accelerated prisons building programme which will provide over 800 additional prison places by the end of 1998 thereby curtailing the use of temporary release as a means of alleviating overcrowding; and for the measures taken to improve security in the escort of prisoners."

I welcome the opportunity to contribute to this debate and would like to contrast the two previous contributions and congratulate Senator Fahey on his well thought out comments. The Opposition claims that the decision to cancel the previous administration's prison building programme was deplorable, but I am unaware of any previous building programme other than the Castlereagh prison which has now been completed. No adequate prison programme was in place until this Minister reviewed the situation and proposed the programme which she has commenced.

I also welcome the fact that the crime trends for last year showed a fall. There was a 4 per cent drop outside Dublin; unfortunately, the crime levels in the capital remained static due to the drugs problem. This issue must be tackled and the Minister will have everyone's support in doing so.

I welcome the fact that the Minister has commenced her prison building programme in an open and transparent way. I especially welcome her decision to open the prisons to the media and the public. One can hear interesting contributions from Joe Duffy on RTÉ every evening on the changes and contrasting facilities in the various prisons. This is very enlightening as it exposes the problems, and rightly so. Pressure must be put on politicians to tackle these problems but we must also be factual. The Minister's programme will create an additional 800 prison places—a 25 per cent increase on current levels. This may not be enough but it is a genuine approach to increasing the number of places.

For Senator Mulcahy's information, up to the end of last year, 161 new places had been created —more than were created in the previous seven years. Work was completed in February 1996 in St. Patrick's Institution creating 30 places. Another 38 places were created in the health care unit in Mountjoy. The Castlereagh special unit was completed in October 1996 with 25 places and 68 places were provided in the Curragh Prison inaugurated on 25 November. This is real progress.

The Senator raised the question of the new women's prison. I understand that the proposal is going to tender, the local government planning procedures have been completed and work will commence on the site in April or May 1997.

It was promised for January 1997.

I will deal with that.

Senator Neville without interruption.

I am sure that the Senator is aware that, whatever the organisation, one must have detailed planning and endeavour to work to those plans.

It is in the Minister's statement.

A plan is a plan and circumstances change. If we do not have planning then we have nothing, but 161 new places with a further 640 planned before the end of 1998 is more progress than we have had since the foundation of this State.

I agree with Senator Fahey that creating additional prison places is not the only way to tackle the problem. We must try to ensure that people do not go to prison and the Senator made an excellent point about the ten to 15 year olds who are deprived and likely to become criminals. We have seen this in all our cities. Some pilot projects have attempted to address this problem but not enough has been done and every Government must share the blame for this.

I welcome the Minister's decision to look at the management structures in the prisons and I wish the expert group well. Dan McAuley of IBEC is the chairman of this group and I have enormous admiration for him. I have every confidence that a comprehensive and progressive report will be forthcoming.

The Minister has endeavoured to address the drugs problem in prisons and some of the provisions she has introduced have been successful. However, this problem will not be resolved until the wider drugs problem has been tackled.

I want to refer briefly to my concern about the prison suicide level because we should when we are discussing the prisons. Since 1990 there have been 25 suicides in Irish prisons, over 60 per cent of which have occurred in Mountjoy Prison, which houses 28 per cent of the prison population. I appreciate that the prison authorities have taken steps to introduce a suicide prevention committee in the middle of last year. If the Minister is in a position to respond to any developments which have taken place or recommendations from that committee, I would welcome information on that. There has been an unusually high level of attempted suicide, and one suicide last year, in the women's section of that prison. I know there is much discussion about suicide among women prisoners in Mountjoy so I ask the Minister to refer to that in her contribution?

I do not know whether you, a Leas-Chathaoirligh, the Minister or other Members watch "The Simpsons" but——

I am a great fan.

I love it.

——the other night Bart Simpson's teacher asked him what was a paradox and Bart said it was that you were damned if "you do and damned if you don't". I think the Minister is in that sort of situation because if all she does is provide more prison places only solely to satisfy Senator Mulcahy, it certainly will not satisfy me, and I am glad to see that it will not satisfy Senator Fahey or Senator Neville.

She would have to cover the country in prisons to satisfy Senator Mulcahy.

Just increasing the prison population will not reduce the level of crime, and all the debates on crime concentrate on the number of prison places. Of course we must deal with overcrowding but at present, apart from keeping those involved in crime out of circulation for a while, there is little to show that those in prison are any more improved when they are released than they were when they were incarcerated. Many of them are worse off because when they are released they have become drug addicts and they become involved in more crime to feed their habit. This puts even greater pressure on the prison service.

I am not saying that we do not need prisons, of course we do. There are many dangerous men in prison who have committed vicious crimes, but perhaps we could deal with many of those in prison in an alternative manner by imposing alternative sanctions. I can vouch for the fact that Castlerea Prison is now open because I was interested to see that a person who was fined £39,000 for possession and use of angledust opted for a month in Castlerea rather than pay the fine. That is quite a useful way of avoiding the fine.

There are a large number of petty criminals who are involved in larceny and burglary and, in the main, they are drug addicts. While we are not addressing the problem of drug addition either inside or outside the prisons more aggressively, we really cannot say that spending £45,000 a year on keeping these people in prison is in any way useful economically, whatever it may do for them socially. Even victims are virtually no better off from this because they are well aware that when the prisoner is released they will be in much the same situation as when they were imprisoned and only too ready to go back to their old lifestyle. There is the difficulty, of course, either within or outside prison that those who are on drugs must want to give them up.

As a patron of the Irish Penal Reform Trust, I welcome the proposed new prisons' board and it is vital that it is seen to be truly independent. The lack of management within prisons has been lamentable for decades and nobody, least of all the Governor of Mountjoy, wants to see the system of unstructured temporary release carry on as it is, nor do we want to see people being transported around the country in prison vans. However, we must reach a situation where there is a management structure and, as Senator Neville said, planning within the service so that there is some notion of where we stand. The board should be accountable only to the Minister; but it must be in a position, through a chief executive officer and a management team, to run the prison service from day to day, and I await with interest the result of the deliberations of the expert group on this. The need to strengthen the visiting committees is as essential and, as I have asked in this House before, there is a need for an inspector for the whole service.

Prison overcrowding undoubtedly exists. Apart from those who could be dealt with by the Probation Service, what about the 60-70 people in Mountjoy Prison who, it is recognised, have psychiatric disease. These people should not be in prison. That is not an institution for treating people with psychiatric disease even though psychiatrists do visit the prisons and it is recognised that the amount of psychiatric care there is inadequate. These people would probably not have run into trouble with the law or broken it if they had been receiving adequate psychiatric care. While we all naturally applaud the opening of the psychiatric hospitals so that there is more treatment within the community, I would be grateful if the Minister for Justice would talk to the Minister for Health about expanding the amount of money which is being given to the psychiatric community services, because a very large number of people are not receiving adequate care and they need an enormous amount of supervision. It is certainly more expensive than locking people up in prison; and if the two Ministers cannot manage to run the treatment of psychiatric patients outside psychiatric hospital, it would be better to return them to hospital. Why are these patients not being transferred to the Central Mental Hospital? That is where they should have been sent in the first place. They should not be in prison.

When I was a member of the Eastern Health Board about ten years ago a new facility was built at the Central Mental Hospital. As far as I can see, all that has gone on over the years is a discussion as to whether it should be used as a women's prison or a place for drug addicts. The last I heard of it, mattresses where being stored in this very beautiful little building. Is this still the case because I do not think that should be happening?

Another thing the board tried to do when I was a member was to transfer some of those patients who are no longer a danger to their communities back to psychiatric hospitals in their localities where at least they would be in contact with their relations and friends. The Minister for Justice should ask the Minister for Health to look into that also.

Senator Neville, who has always taken such an interest in prison suicide, has raised this matter and I want to speak briefly about it. The incidence of suicide in young men is rising in the community and this is something we must watch because we cannot but expect that what happens in prison will reflect what happens in society in general. The fact that remand prisoners appear to be particularly at risk has always been of great concern to me and I would ask the Minister to note that carefully.

Especially in view of what Senator Fahey said and put so splendidly, I am glad that the Children Bill is before the Dáil today because most prisoners admit that they first became involved in crime when they were children. I received a letter at Christmas from an 80 year old women and it was really quite appalling. She spoke about break-ins in the sheltered housing area where she lives and she said it was really dreadful to see children between the ages of six and eight so out of control. We must give more support to programmes like the Minister for Education's "Breaking the Cycle". The vast majority of people in Mountjoy Prison have not completed primary education. Nobody should have to go to prison to complete primary education. Most criminals come from large families so there should be support for their families and liaison between the school and the various organisations. Therefore, I ask the Minister to address more than just the building of prison accommodation when addressing crime.

An Leas-Chathaoirleach

I now call the Minister for Justice, Deputy Owen.

Perhaps some of the Senators would like to contribute first, a Leas-Chathaoirligh.

With the permission of the House, I will share my time with Senator Magner.

An Leas-Chathaoirleach

Is that agreed? Agreed.

In seconding the Government amendment to the motion, I will address myself briefly to the contents of the Fianna Fáil motion. I read it with some dismay as it appeared again to be old hat. The motion refers to the cancellation of the Government's previous prison building programme — which programme is that? It seems to refer to Castlerea but that is up and running. Fianna Fáil would do well to bring up to date motions before the House and not waste our time with something which has been dealt with effectively.

I am even more surprised that the issue is before us at all. The Government is doing so many things so well that Fianna Fáil Senators had to scratch their heads to come up with a motion. The economy is booming, school are being built, the social welfare improvements are unprecedented and there is marvellous new family law and social legislation. The Opposition had to come up with this old hat motion in the form of prison spaces. Senator Mulcahy is like a broken record, cackling like a little hen on the same old myth about who is hard and who is soft on crime. The real question now is, who is soft in the head?

The truth hurts.

The Senator is crowing the same old tune written by his party. He is embarrassing his Fianna Fáil colleagues by putting down the motion. That party's Ministers——

Excellent Ministers.

——have overseen the Department of Justice for most of the period since the foundation of the State; they include Commissioner Flynn, Deputy Burke and Deputy Geoghegan-Quinn. It is embarrassing for them to have Senator Mulcahy point out the failures of previous Administrations and Ministers.

It was never this bad.

It has never been tackled. Let us get a few things straight.

An Leas-Chathaoirleach

Senator Gallagher without interruption.

A Leas-Chathaoirligh, you constantly missed me being interrupted. I feel I should inform you of this.

I did not interrupt Senator Mulcahy.

She did not, in fairness.

Perhaps the Senator would do me the courtesy of keeping his mouth shut for a few minutes.

I will wait until Senator Magner speaks.

Crime figures have gone down for the first time since 1989. That fact speaks for itself. Need we say more? For the first time there has been a substantial increase in prison places, with 800 new places being provided. Much tougher legislation to tackle criminals is now in force. The gardaí have more powers to arrest, detain, search, etc. The Minister has introduced court reforms to speed up the system and a cost review group has been set up. The problem of drugs in prison has been tackled — over 490 seizures were made last year and new drug treatment facilities have been provided. A prison authority has also been set up. All this has happened in the small number of years since the Minister has been in charge of the Department. Fianna Fáil was in charge of the Department for years without ever taking the bull by the horns, so it takes some nerve for them to bring up the issue again.

The real issue is not prison places. As Senator Henry said, we must tackle the drug problem at source through education and health policy. We must look at other ways of punishing crime. On RTÉ's recent programmes about our prisons, all the governors made the same point, that prisons were not working and we should look at other ways of rehabilitating criminals. Today's Evening Herald features an 11 year old child who has been addicted to heroin since she was eight. The Labour Party's policy in this area was farsighted. For many years we held that one must tackle the source of the problem and not merely lock people up and throw away the key. For Fianna Fáil to talk nonsense is an insult to the country and the problems it must tackle. Prison places are not the panacea to all our ills and we cannot continue blatantly to ignore the silent screams of children who know no other way.

I could say that under Deputy Geoghegan-Quinn as Minister for Justice criminals kept the proceeds of their crime, their property and ill-gotten gains, because of her inactivity, but it would be unfair——

——and untrue.

——and untrue. It would be fraudulent because when she was Minister for Justice she did her best. Nonetheless, the reality is that criminals today forfeit what they gain. Crime is entertainment for some people. It makes movies, it sells newspapers and some politicians think they can use it to get elected — it is the same sort of fraud. Unfortunately, Senator Mulcahy tonight has peddled the same sort of untruths he has dealt in since he came into the House.

Again I am being called——

This is a travesty of the facts.

Those words cannot be used

The reality is that despite our problems——

Did Senator Magner support the decision of the Minister for Finance, Deputy Quinn, to pull the plug on the prison building programme——

——this is one of the safest countries in the world

——or did he disagree with that decision?

An Leas-Chathaoirleach

Senator Magner without interruption. The Chair will not tolerate this disorder.

He used bold words, a Leas-Chathaoirligh.

To enable one of the most effective Acts in the fight against crime — that is, the Criminal Assets Bureau Act — to be put together, close co-operation was required between the Minister for Justice, who had the responsibility, the Minister for Finance, who had the money, the Taoiseach and the Tánaiste. This happened with the full support of the Labour Party.

The Proceeds of Crime Bill was there first.

It is the Criminal Assets Bureau Act.

The Proceeds of Crime Bill was ours. The Minister took our Bill. Will she admit to it?

There is not a man or woman in either House who is soft on crime. I include Senator Mulcahy in that because I believe in stating the truth. I do not believe in using cheap, idiotic politics in the hope of getting a scratch on a ballot by frightening people unnecessarily.

Did the Senator agree with the Minister for Finance's decision to cancel Castlerea in 1995?

Senator Mulcahy has made no contribution to this debate since he entered the House. His remarks have been cheap and personal. He has invariably personalised the argument with every Minister he has addressed in my presence.

Not tonight. What did I say tonight?

Perhaps he hopes to get a headline, or maybe his supporters love the bolshie way he approaches an issue but does nothing about it.

An Leas-Chathaoirleach

Senator Magner has one minute left.

Yes, we have had enough rubbish.

On behalf of Fianna Fáil, Senator Fahey made a reasoned, professional speech which dealt with the issues and no one could find fault with him. However, the cheap sloganeering of Senator Mulcahy does him no service and does his party no credit.

Senator Magner's party cancelled a prison. Admit the truth.

I suggest that if his function in life is to frighten old people, he should join the theatre.

The Minister has a tough job and, as I said before, if she had not been thwarted when she came into power we would have less crime today. Whether we like it or not, the reality is that the prison scheme which Deputy Geoghegan-Quinn and Fianna Fáil had put in place was stopped.

There are two main reasons for crime. First, for over two decades we had a liberal society in which it was wrong to criticise or say a bad word to anyone — they all had to be patted on the back. We heard all about rehabilitation, education, how criminals came from poor homes, etc. There seems to be no system to ensure children go to school. There were as many people in Ireland when I was growing up as there are now. Everyone had to go to school until he or she was 14. The gardaí came to the school every month, if a child was missing for four days in the month he was warned, and if he was missing for six days he and his parents were summonsed. What happened to that legislation? The problem was the big schools. Some bureaucrat, with one of the first computers, worked out that it would be cheaper to have a big school with all the children under one roof. The fallout and social cost have been that we have destroyed society and it will be a mighty job to put it back on an even keel.

Second, crime is glorified on television and in other media. The best criminals get the best headlines. We also glorified drugs for a long time and did nothing about it. The people of Ballymun and other areas had to police their own housing estates before the drug barons were put behind bars. It took the murder of Veronica Guerin to wake up the powers that be to go after criminals. That was made possible by the implementation of Fianna Fáil Bills.

One day I gave a man I knew a lift from south Donegal. He told me he had been fined £40 but because he could not pay the fine he was brought to Mountjoy Prison. They immediately told him he could go because they had no place for him. He told them he could not go anywhere because he had no money so they ordered a taxi to the station and paid his train fare to Sligo. I then gave him a lift home from the station. That was a waste of Garda time and money because that person was claiming social welfare.

Every person today has money because, if they are not working, they get almost as much as if they were — and more in some cases — in social welfare payments. Unpaid fines should be deducted from social welfare payments, a very simple procedure, rather than wasting Garda time. Courts impose fines for very small offences which there is no hope of collecting. Bringing people to and from Mountjoy Prison is a terrible waste of Garda time and costs more than the fine. If such a system was put in place it would free up a great deal of space in our jails.

Another 2,000 criminals could be housed in Spike Island at very little cost. I heard on radio the other day that the governor there has drawn up an architectural plan for old buildings which could be converted into modern prison spaces at very little cost.

One can walk from Spike Island to Cobh in about four feet of water at low tide.

At least it would only have to be watched at low tide; temporary officers would be sufficient.

Alcatraz mark two.

We will give it to the submarine corps.

Why are the buildings there not used? We had a terrible fever problem in the 1920s and the Government of the day built fever hospitals. Later we had a TB problem and we built sanatoriums.

That was another good Labour man, Noel Browne.

Today we have a drug problem, in which two classes of people are involved. The first are the drug barons who do not take drugs but take the lolly, and the second are the innocents who take the drugs and get caught. They need treatment and I do not see why we cannot build a special, secure place for them. The only places we had for mentally retarded children in the 1960s were in mental hospitals, which is not where they belonged. However, we then built proper units for them where they could be treated as human beings. Why can we not build places for drug addicts who need attention rather than putting them with criminals? If they did not co-operate with the system in such places and showed no progress they could then be given a long sentence in Mountjoy Prison without the softly, softly approach.

Senator Mulcahy does not want to help them, he wants to lock them up.

As I have said before, it is time the kid gloves were taken off in regard to criminals. I congratulate the people of Ballymun and elsewhere. The Garda should give them more power and help instead of prosecuting them. They have done a good job of clearing drugs from their areas. Our biggest problem today is the abuse of drugs, which is the cause of much of our crime.

I appeal to the Minister to build, as part of her programme, proper treatment units for young drug offenders, particularly those under the age of 18 years who might be got off drugs. The chances are much slimmer for hardened drug addicts. I would not allow their visitors to touch them until they were detoxified and it was safe for them to talk to people because there are many systems for getting drugs into prisons. The only way to stop that is to put a solid barrier between them and their visitors. It is their hard luck if they have to talk to their visitors by telephone behind solid bulletproof glass. The only way to get them off drugs is with medical treatment and the preventing drugs being smuggled into prisons. They will only make up their minds to co-operate with the system when they know it is impossible for them to get drugs.

Other speakers wish to contribute and I do not know if it is possible for me to stay until the end of the debate.

An Leas-Chathaoirleach

That is a matter for the Minister.

As long as I can contribute before 7.45 p.m. I am happy to let other Senators contribute first so that I can answer their questions.

I welcome the Minister to the House. At first glance this is an amazing motion but one must always look at what is behind the curtain. This motion is politics at its worst. I am tired of hearing that crime is going to be an issue in the next election, as if we will forget about crime until the election, solve all crime during the campaign and then forget about it. That ludicrous idea is being peddled around the country. Crime is an ongoing problem in every country which has to be dealt with — and is being dealt with.

How and when did the drug barons become known as "the untouchables"? Who did not touch them over the years? This Government has set out to tackle the major crime lords. However, tonight the largest political party has tabled a motion condemning the Minister for dealing with crime. This motion would be unbelievable if it did not come from Fianna Fáil. Any party which would table such a motion is totally out of touch.

Hear, hear.

I am from the constituency of Longford-Roscommon. Inferences have been made here about Castlerea Prison. The prison was not altered because the hospital and patients were not removed until the middle of last year when the Department of Justice created 25 places from the available accommodation. It also progressed in its plans for the prison. Nobody need think they can fool me that the prison was put on the shelf. I know, because, like the Minister, I was there. Fianna Fáil sanctioned the building of the wall.

It also provided finance.

Unfortunately, walls are not prisons.

Do not confuse Senator Mulcahy with facts.

I compliment the Minister, the Government and the Garda Commissioner. His officers are doing a fine job and need all the support they can get, as does the Government. They do not need motions condemning them.

The motion is bizarre because the Government is in the process of providing an additional 800 prison places. More importantly, it is committed to a root and branch review of the way in which the prisons are managed. The Minister is probably aware of the good work being done on Spike Island, including the potential to renovate and convert two derelict blocks. Matters could be helped by expanding the space available at Fort Mitchell, Cobh, in my own constituency.

Attempts at political point scoring are understandable in an election year. However, Fianna Fáil's simplistic analysis of the problems facing the criminal justice system is depressing. The provision of extra prison places will accomplish little unless it takes place in the context of a reform of the prison system and sentencing policy. This is why the Government is committed to the establishment of an independent prison agency and courts service.

It is appalling that convicted wealthy people take a jail sentence when presented with the option of paying a hefty fine or spending one month in jail. It should not be available to them. It is also appalling that, as frequently happens, people do not consider it a problem to be sent to jail.

The legislative framework in which our prisons operate dates back to 1826. Progress has been piecemeal, with successive Administrations making changes as necessary. In 1985 the Whitaker inquiry into the penal system produced a comprehensive report which was promptly consigned to the dustbin in the Department of Justice. It was also neglected by successive Fianna Fáil Administrations until the Government resurrected its central recommendation and decided last year to establish an independent prisons agency. An expert group under the chairmanship of Mr. Dan McAuley is considering the best way to establish the agency and I understand that a report to the Government is expected shortly. The establishment of such an agency is at least as important to the future of our prison system as the provision of more prison spaces.

Recent debate on crime has focused on ways of preventing criminal activity and securing convictions, which is important. However, there should be an equal focus on what we do with offenders after conviction. While there is a notorious lack of statistics regarding the criminal justice system, we know that approximately 50 per cent of prisoners have previously served at least one prison sentence. That does not say much for the effectiveness of the prison system. Fianna Fáil's view of the system is simply one of containment.

That would be a start.

Its focus should switch to sentencing, management and rehabilitation. The Government should place more emphasis on implementing the five year programme for the management of offenders and on adult literacy. Spike Island is heavily involved in this, and also in skills provisioning and integration facilities following release.

The motion "...deplores the fact that dangerous criminals are given full temporary release on the sole criterion that there is an insufficiency of prison places;...". While I deplore the ad hoc manner in which prisoners who may only have served a few days of their sentence are released into the community to make way for the latest intake from the courts, the problem will not be solved simply by providing more prison places. The establishment of an independent parole board is required to ensure that early and temporary releases are fully monitored and that the conditions of release are tailored to the history and needs of individual prisoners. It is vital to ensure that when space is needed, prisoners are not dumped on the streets in conditions which may encourage them to reoffend.

There is nothing wrong with the concept of temporary release as such. It can be a valuable addition to the rehabilitation process. The problem is with the way it is administered. It is surprising that when the question of prison places is debated, there is little mention of alternative non custodial sanctions. The sanctions imposed by society on those who violate its laws must serve two fundamental aims: to protect society and to rehabilitate and reintegrate the offender. In addition, sanctions must reinforce the notions of community and responsibility when possible. The offender must make recompense for the harm he or she has occasioned to the individual and the community. If possible, therefore, the sanction should in some way be connected to the offence. Viewed from this perspective, the present range of sanctions, especially the manner in which they are frequently imposed, is largely ineffective.

In 1992, 1,655 people were imprisoned for civil debt and non payment of fines. Such imprisonment makes neither financial nor social sense. The cost of keeping a prisoner for a week is £840. Imprisonment does not enable the individual to pay the money owed; on the contrary, it may result in the loss of employment, thus making it more difficult to pay a fine or debt.

The motion is an inadequate response to the problem facing the criminal justice system. By contrast, the Government is developing and implementing a coherent and long-term response to crime, which includes the provision of an extra 800 prison places.

We need a comprehensive overhaul of our prison system, which as it currently operates is not doing the job. The country is not well served by it. There are too few prison places with the result that prisoners are being released having served only a fraction of their sentences. Every year approximately 4,000 prisoners are released early and the Department of Justice does not know what proportion of sentences are not being served as a result of temporary release. Every day 50 prisoners are released to create space in the prisons. Drugs are freely available in prisons and people who enter the system drugs free can leave it addicted to hard drugs. The cost of imprisonment in Ireland is high by international standards. It costs £900 a week to keep an average prisoner in jail in Ireland compared to approximately half that figure in Britain.

The Progressive Democrats Party introduced a Private Members' Prisons Bill in the other House last night. The key proposals in the Bill are that the management of prisons should be transferred to a prison service executive, headed by a director of prisons appointed by the Government; the appointment of an inspector of prisons; that there should be a duty on the Minister for Justice to provide adequate prison spaces to meet the needs of prisoners sentenced by the courts, and that there should be a register of temporary release.

The prison system is being grossly mismanaged and, as a result, everybody is losing out. Prisoners lose out because they are kept in substandard accommodation without appropriate rehabilitation facilities. The public loses out because prisoners convicted of serious crimes are released onto the streets without serving their full sentences. Prison officers lose out because they are exposed to unnecessary dangers in what should be secure institutions. An example is the recent siege in Mountjoy Jail. It is totally unacceptable that prison officers should be subjected to attacks from prisoners wielding blood filled syringes and that some of them must then spend anxious months off work awaiting the results of AIDS tests in the wake of such attacks. This problem must be sorted out quickly and a fresh start is required. Control of the prisons must be taken from the Department of Justice and, as the Bill in the other House last night suggested, entrusted to an independent executive agency.

Privatise the prisons?

I did not say that. The Department of Justice has consistently demonstrated that it is incapable of managing the prisons system in an efficient and effective manner. The first objective of the new agency should be the provision of extra prison accommodation from the current figure of 2,300 places to approximately 3,500 places within the lifetime of the next Government. This increase is necessary to stop the current revolving door system and end the scandal of uncontrolled temporary release once and for all.

An increase in prison spaces is also required if we are to cope with the increase in demand which will arise from the introduction of restrictions on access to bail once the necessary legislation is passed. New accommodation will obviously be needed and the quickest and cheapest way of bringing a new prison on stream is to build it within the walls of an existing secure institution. In addition to the new remand centre promised for the secure site at Wheatfield, a new 600 unit prison should be built without delay at Portlaoise, where a site is already available for this purpose within the secure perimeter of the existing prison and where plans have been made for the building of a prison for over a decade. New prisons must be of modern design and, in the interest of speed and efficiency, they should be built by the private sector and leased back to the State. If we must wait for the Department of Justice to build them, we will have to wait too long.

Hear, hear.

Last June the Minister for Justice promised in the other House in the wake of the murder of Veronica Guerin that a new remand prison would be built at Wheatfield to cater for 400 prisoners. However, almost nine months later, nothing has happened and not a sod has been turned on the Wheatfield site. The project has not even been put out to tender. If past experience is anything to go by, it will take several years before the Department of Justice is able to bring the new remand facility on stream.

There is a huge outcry among the public about this issue. I talk to people daily and many elderly people are furious that young individuals who break into their homes are arrested by the Garda, charged and committed to prison are back on the streets within weeks. They are losing respect for politicians and the institutions of the State and change must be brought about. I do not suggest the only way the crime problem can be solved is to take all the people involved off the streets, lock them up in jail and throw away the key. Many other social issues need to be addressed through education and health initiatives; a two pronged approach is necessary. However, the Minister for Justice and the Department are responsible for the prison system and there are not enough spaces at present for people sentenced by the courts.

Convicted criminals have lost all respect for the justice system. They are not scared of committing crimes or of being caught and convicted because they know they will be back on the streets after a couple of weeks in Mountjoy Jail or another prison. It is damaging for the victims of crimes when they see the culprits back on the streets. It is also demoralising for gardaí who bring people before the courts, secure a conviction and then see them laughing at them as they walk down the streets of towns and villages within weeks. I appreciate the Minister has a difficult task and that she is making efforts. She has brought prison places on stream in the Curragh and in Castlerea. However, the huge problem which exists must be addressed quickly and it will take too long for the Department of Justice to bring the new facilities on stream. This is why I urge the Minister to consider some of my party's proposals.

It costs much money.

We accept that. However, it will not cost as much if the private sector builds the prisons and leases them back to the State.

The Senator's party keeps saying it wants to cut public expenditure but she is asking for public expenditure.

It will take too long and it costs the country much money to have criminals walking round the streets after they have committed crimes.

The Senator's party wants to cut public expenditure and she is seeking public expenditure. It is a contradiction.

The prison service is costing a huge amount at present.

An Leas-Chathaoirleach

Senator Honan without interruption.

The Minister for Finance took the money out. He admitted it.

The Senator is history.

Much money is being spent on prisons, but given the level of overcrowding, nobody, including prisoners, citizens, prison officers and gardaí, is getting full value for it. Nobody considers that we have a good system.

I wish to give two minutes of my time to Senator Byrne.

An Leas-Chathaoirleach

Is that agreed? Agreed.

Lest anybody is accused of being an idiot, that means I have six minutes. I welcome the Minister to the House, but the same points are being repeated. The reason we continue to table motions is to bring the ineffectiveness of the prison regime to attention. Although the Castlerea and Wheatfield projects may go ahead, the prison system is failing the country. It fails to protect citizens and rehabilitate prisoners, and whatever Minister comes to the House to defend the record of the prison service will have difficulty doing so. This is not the fault of prisoner officers or governors because the prisons are archaic, underfunded and ineffectual.

The recent documentaries on Mountjoy Jail pinpoint the reality of the prison system. Some prisoners know Mountjoy Jail inside out because they have spent half their criminal lives there, either on drugs or trying to come off them. However, when they hit the streets of Dublin or Cork, they return to criminal circles. One is guaranteed that they will be back before the courts and return to prison. If there are not enough prison places, it will not be possible to control the problem or provide the facilities which prisoners need for rehabilitation. Many prisoners would like to take part in education programmes and undergo rehabilitation to stay off drugs. The Minister claims to be on top of the prison brief and she is aware that it is a disgrace to put people in some of the existing prisons. The Minister should visit Spike Island and take it as an example of what modern prisons should be. The prisoners and the prison officers are in a relaxed and controlled atmosphere and they have the space to take part in education and drug rehabilitation programmes.

The Minister should not hide behind a charade of saying there are sufficient prison spaces and that she has done enough. She has not. In the wake of the murder of Veronica Guerin the Minister announced that following meetings with the Taoiseach, the Tánaiste and the Ministers for Social Welfare, Finance and the Environment, the prison project would proceed in January 1997 at the latest. That is a delay in anybody's language. The Government has been in office for over two years and it has delayed the implementation of this prison project.

The Minister should acknowledge that the Castlerea project was delayed and should ensure it is now expedited. The public must have faith in the Prison Service to detain people and to ensure that prisoners are not out on temporary release or escape from custody while in transit. How many prisoners have escaped from custody while being transferred to a court or to other prisons? The Minister has announced time and again that she is reviewing that process and I would like to know what the review has shown up. What procedures are in place to ensure that convicts being moved within the prison system do not escape due to inadequate security during transportation?

Although it is important that the safe keeping of prisoners is ensured, there is a more fundamental problem in society. Young people are getting involved in crime at an early age to feed their drug habits or that of a parent or guardian. Governments have done little to ensure that this cycle of crime is broken. In Blackpool in England a heroin addict appeared before a court recently who was only nine years old and we are not too far away from that.

Drug addicts plunder society to feed their habits and when they are caught they are sent to prison. However, they are simply being put in places without proper monitoring facilities, education or drug rehabilitation programmes. I stress the need for proper programmes, not token programmes that look good when the Minister announces them. The prison system is overcrowded, underfunded and badly managed as has been proved by recent happenings in the Department of Justice.

We will continue to table motions condemning the Government until concrete action is taken. Nothing has been done so far and no action is visible, apart from a wall at Castlerea and a couple of photographs of the Minister.

This is a serious issue and it gives us no pleasure to have to talk about the problems in the prison system. In Clonmel last week a District Justice told a man who was released from prison to sue the State. This man committed serious offences and was sentenced to three months in jail, yet he was back in Clonmel after only 36 hours. On his return he broke into the house of the family to whom he had caused trouble and assaulted them. He was arrested and the Garda sergeant in Clonmel rang Limerick Prison and was told that even if he brought the man to the prison gates he would not be let in.

Many prison spaces are taken up by people who have committed petty crimes, such as not paying bus fares, and this points up a fault in the system. I am delighted to see the numbers of gardaí on the beat in Dublin who were brought in to police "Operation Freeflow". I have been calling for many years for gardaí to be brought out on the beat and they should be more visible in rural towns. This is a step in the right direction and may make people feel more secure.

The Minister should speed up the provision of the badly needed prison accommodation so that prisoners who have committed serious offences are not released after short periods.

I commend Senator Neville's amendment. I would like to address the issues raised this evening in a debate which was, for the most part, constructive. I had hoped that Senator Mulcahy might have matured a little since my last visit to the Seanad and that he would not have engaged in sterile point scoring——

The Minister is getting personal.

The Senator is a master at that.

As a parliamentarian he is still serving his apprenticeship. His contribution reminded me of the after-mass speeches when the prize went to whoever could shout the others down. I urge the Senator to make his contribution to the law and order debate more mature.

The Minister was not bad in the Dáil last night when she called Deputy O'Donoghue an idiot.

An Leas-Chathaoirleach

The Minister must be allowed to make her contribution without interruption.

The Minister did not allow me to make my contribution without interruption.

He is a law unto himself.

I believe Senator Mulcahy is intellectually capable of making a mature contribution to the law and order debate——

The Minister is being charitable.

——but he seems to lose that capability. Perhaps for him I am like a red rag to a bull and he decides to try to target me.

It is not personal. It happens to everybody.

The public does not want to see parliamentarians divided on the law and order issue. It is an issue about which the Opposition politicians did nothing during their party's many years in Government. Yet, suddenly when they are in Opposition all the wisdom and knowledge——

Still blaming us.

——surges out and they have all the answers. They did not seem to know the answers when they were in Government. For nine years Fianna Fáil had responsibility for the Department of Justice and Senator Mulcahy has a nerve to ask me to apologise to the victims of crime in the light of his party's record over that period. I would not say nothing was done during that period. I am generous enough to say that things were done. To say however that everything that needed to be done can be done in the two years that I am in the office is absolute nonsense.

I want to put to lie a couple of myths that keep recurring in these Houses. Let me clarify the first of those about this so-called prison plan that I inherited. In November 1994, when the Labour Party were driven out of Government by disgraceful actions on the part of the Fianna Fáil Party, Fianna Fáil had about a month on their own in Government while a new Government was being formed. Fianna Fáil cobbled together a budget which they knew would never be passed because they did not have a majority. They just wrote up this budget and they stuck in all kinds of projects, including a £4.5 million line in the budget for this so-called Castlerea Prison.

This was at a time when the Castlerea building was filled with patients that needed to be moved by the Department of Health. They knew that this budget was never going to see the light of day; but it has proved a certain benefit to them because they can keep saying, in case people do not know the detail, that they provided the money. They did not provide any money whatsoever for Castlerea.

Minister Ruairí Quinn took the money here in this House.

Senator Mulcahy will have an opportunity to reply in a few minutes. I would ask the Senator to give the Minister an opportunity to make her speech.

You can criticise me all you like when I am finished. I want to get this absolutely clear. We had this funny budget of a month's duration which never saw the light of day, with a line in it that said that Fianna Fáil were going to spend £4.5 million in 1995 on building a prison in Castlerea. This was a place in which patients still lived. There was not a single line drawn on a map, or on an architect's or quantity surveyor's plan to say how this building was going to be built. Not a single tender had gone out, not a single contractor had been approached, not a single ounce of mortar or cement had been bought. Yet the Fianna Fáil Party have pedalled this line for the last two years in the hope that some unsuspecting members of the public will think that they had a plan. They did not have a plan. I inherited zilch when I took over in the Department of Justice——

And the Minister has done zilch.

——and it is this Government which has provided the money. The other myth I want to get rid of is this nonsense of saying that the Labour Party and Democratic Left have somehow tied my hands and stopped me doing things. There was never better co-operation between the Democratic Left, Labour and Fine Gael Parties and it is the combined experiences of those three parties that have benefited this country in bringing to bear the kind of policies that we have brought about; policies which have been carefully and properly considered and not just rushed at for the sake of saying that we have done something about it.

What about Veronica Guerin?

That is cheap.

Senator Mulcahy should be very careful of somehow seeking to imply that the tragic murder of Veronica Guerin was something that I, or somebody in this House, was responsible for.

I did not say that. That is a disgrace. Will the Minister stop twisting my words?

The Castlerea project would not have taken a single step forward unless, with the help of Minister Quinn, we had reviewed how that prison would be built, how we could phase it to get it up and running as quickly as possible. In the course of consideration, in the months that Minister Quinn gave me to review the whole prison building, I was able to put together a much larger programme which was then funded by Minister Quinn and the Government in order to ensure that we had an ongoing provision of prison places. I have to remind the Senators on the opposite side of the House that the last prison that was built in this country was commenced and got on its feet when Fine Gael and Labour were last in Government. Between 1986-7 no new prison project was built and we all know that the Castlerea idea came from a particular political problem in that county because the then Taoiseach decided that it would make a good press statement for The Longford Leader or The Roscommon Herald or any of the other newspapers in that area.

We will get a budget from Europe.

There is no budget from Europe. There may be budgets for building dance halls or bars but there is no budget for building prisons. What we have now is a comprehensive prison building programme. Senator Fahey and Senator Farrell made very constructive contributions as did all the people on the Government side. Senator Henry also made a very constructive contribution.

Do not be selective.

The widening of the debate about how we deal with criminals and potential criminals in this country is a worthy and necessary one. I want to pick up on a few points that were made because it is not by prison places alone that I, or any Minister for Justice will tackle the crime problem. It is a much wider problem. I get the dregs of people when they are ready to go into prison. I am like the sticking plaster after the wound has been created. It is time that all of us recognise that we will have to spend money and give resources to tackle the problem at its roots, where young people are in dysfunctional families or in wealthy families where there is not enough parental control. All of these issues, proper school attendance and so forth, have to be dealt with.

I am glad that the new Children Bill, which is going through the Dáil today and whose preparation I supervised over the last year and a half, together with my colleague, Minister Austin Currie, will represent the most radical overhaul since 1908 in relation to the justice system in respect of minors. The system is waiting to be modernised since then. The Bill will have real resources and make real progress in beginning to tackle the issue where it needs to be tackled. There is no doubt that ten and 11 year olds in our society today are only waiting their time, there is practically a name on a bed in Mountjoy for some of those children. Our responsibility is to try to break that inexorable link between that young child starting a life of petty crime and ending up being an inmate of Mountjoy or other prisons. I hope that the Children Bill, when it is passed, will play a very significant role in improving the situation in order to tackle the problem at the most basic level.

This Government has a plan for 800 prison places and I hope that the next Government, of which I hope I will be a member, will continue to recognise that that will not be enough. There is a point at which we must ensure there is a sufficient number of prison places. Allied to providing prison places, we must also look at other measures such as the improvement of the rehabilitation services inside and outside of the prisons and improving links between the Prison Service and the health boards for giving drug treatment when people come out of prisons.

Recent statistics amazed me. It is estimated that if the UK was to keep abreast of the number of prison places they require, they would have to build a new prison every three weeks. In the USA they would have to build a new prison every three days. They are startling figures and there is no point pretending that we, as a developed, modern society, are not facing into some of the problems that more established democracies have begun to face.

There have been major increases in drug abuse and the allied criminality that accompanies it, sexual crimes and the exploitation of women and children, fiscal crime, tax evasion and the abuse of the Internet. These are new types of crime and, whether we like it or not, certain problems accompany improvements in the economy and society.

I do not know the number of places that would be required for prisoners were we to keep abreast of the figures involved. However, for the past ten years, we have not made the necessary incremental improvements to the prison system. If we had, there would now be a better management structure in place for the prison system. Senator Honan was extremely and unfairly critical of prison management and people in the upper echelons of the Department of Justice. There are 49 people employed in the prisons section of the Department who constitute the headquarters staff of the prison system. This group has suggested reform initiatives in the past but resources have not been forthcoming. It gave full support to the concept of a new prisons agency because the officials concerned have firsthand knowledge of the difficulties involved. They know what is required each week to release people in order to make spaces available and are aware of the pressures that accompany threatened suicide in our prisons. They are also aware of the difficulties involved with mixing remand and convicted prisoners.

Members might be interested to note that the Northern Ireland Prison Service employs 250 people in this capacity. The reason that only 49 people are employed in the Irish Prison Service is not because the Department of Justice did not seek the necessary resources; it is due to the fact that during the past eight to nine years successive Governments did not provide additional resources to ensure the staff can manage prisons. If adequate spaces are provided, a prison can be managed quite well. However, what action do Senators want us to take? There are difficulties because there are not enough spaces available. As I inquired yesterday, do they want us to stack prisoners like firewood in their cells? At present, cells are already overcrowded.

There is an immediate problem with overcrowding in prisons. However, it must also be recognised that the number of people entering prison exceeds the number being released. Judgments must be made in respect of those considered eligible for early release. Approximately 30 prisoners are released each day, not all of whom are set at liberty because of problems with space. They might be released because they obtained a job, a place on a training course or are returning to school. As Senator Sherlock correctly stated, since 1960 there has been a system of statutory early and temporary release in the State which successive Ministers for Justice utilised. Efforts by the Opposition Members to pretend that I invented the idea of temporary or early release are without foundation and they are barking up the wrong tree.

Not every 36 hours.

The truth is brutal.

Senator Henry raised the issue of the new facility in the Central Mental Hospital. That facility is open but a ward in the hospital has been closed down. I would like to see this ward reopened and I am involved in discussions with the Department of Health about this matter. There is a great deal of truth in Senator Henry's comments about psychiatric cases in prisons. There are people in prison who are psychiactrically ill and should not be there. They should be in psychiatric detention in the Central Mental Hospital.

The downside of the policy of releasing people from psychiatric hospitals into a community environment is that because of the nature of their illnesses, a number of them commit crimes and receive prison sentences. They cannot cope with living in society or being imprisoned and they require psychiatric treatment. This is a matter of concern and I am in continuous communication with the Department of Health about it. I am also concerned that people who complete sentences in the Central Mental Hospital should be referred to the psychiatric hospitals in their communities. I regret that this does not happen as often as it should.

Senator Neville and others raised the issue of suicide and he referred to the National Suicide Prevention Group which is currently in operation. I recently arranged for the visiting committee to have access to that group on a twice yearly basis to inform it about the issues raised with the committee by prisoners. The advantages of this have already become apparent because modifications will be built into the new prison programme to ensure that cells will not provide people with the opportunity to commit suicide. It is extremely sad and tragic that some people find themselves forced to commit suicide while in prison. Unfortunately, as Senator Henry stated, this mirrors the increase in suicides of young men in a particular age group. There is a greater than normal preponderance of men of that age group in our prisons who are often involved in drug abuse before entering prison, come from bad family backgrounds and fall into the corresponding category of males in normal society. I hope the Suicide Prevention Group will help to reduce the numbers of those committing suicide.

Members referred to a number of prisons. I announced that I hoped work would commence on Mountjoy Prison in January of this year. However, like other citizens, I am bound by the planning regulations. It is virtually impossible, when making an estimate of the desired time regarding the commencement of work on a prison, to copperfasten what might be approved under the planning process. I am sure Senator Mulcahy would not want me to ignore the planning regulations but there were 125 representations from local residents about the women's prison at Mountjoy. We had to deal with the objections and queries raised by these people and meet with Dublin Corporation to discover the modifications that could be made to alleviate their concerns. These people are living in the vicinity of a dense prison complex. They are entitled to have an input into future developments and I wanted to accommodate them as far as possible.

Why did the Minister make that statement in the first instance?

Acting Chairman

Senator Mulcahy will have his opportunity to speak later.

I will not bother answering the question because it is obvious the Senator does not understand plain English.

Withdraw that statement.

The tendering documents were refined in light of the representations we received and we are almost ready invite tenders for the project. This is not an exact science and everyone involved in mature politics will understand——

The Minister made the statement.

The Senator needs a babysitter.

The remand prison at Wheatfield is also subject to the planning consultation programme and we are involved in negotiations with the local authority in that regard. We are not building hotels, etc.; we are building prisons.

The Minister is building emergency units. She is weak and could not obtain planning permission.

No leadership.

I am somewhat surprised at Senator Cassidy because he is involved in the building development area.

It is for that reason that I want an opportunity to speak after the Minister.

When I hear facile statements about building prisons and opening them within six weeks to eight weeks——

The Minister made that statement.

One cannot build an extension to the porch of one's house without engaging in a two month planning process with the council, waiting four months for approval under the appeal system and employing a contractor to carry out the work.

The Minister is time wasting.

The Minister made that statement?

The Senator should not talk nonsense.

Is the Minister denying making that statement?

Of course not.

It was a panic statement.

They were my proposals and we are almost——

It was the 1996 panic statement.

The Senator should not be childish.

Does he want the Minister to ignore the planning authority?

She made the statement.

Acting Chairman

Senators Mulcahy and Magner will permit the Minister to conclude.

Senator Sherlock raised the issue of Spike Island and referred to the two derelict buildings on the site. When reviewing where we might build prisons fast, we looked at Spike Island, as we did with the Curragh and Limerick. We opted for renovating the Curragh and building a new wing in Limerick prison where there were already walls. Those jobs had to be done fast and one downside of building on Spike Island is that the costs involved are greatly increased. It costs about 30 per cent more to bring material to the island; I am not saying that at some time in the future we will not look again at Spike Island.

Portlaoise was not in the first programme I announced but in the last week I announced that a new segregation unit will be built in the Portlaoise complex. This programme is not the end. I intend to visit Spike soon and it may come under the microscope again but there is the downside of travelling to it by boat, carrying every builder over to it and problems if a riot occurs there. When Spike was opened, because it was rushed through as the kind of emergency measure the Opposition feel is a panacea——

Like the Minister's statement.

——it was burnt down. I have to be conscious of the kind of prisoners we have in our system. We cannot deal with matters like that.

Senator Farrell and others raised the issue of drug addicts getting prison sentences. The Misuse of Drugs Act, 1977, which was administered by the Department of Health and not the Department of Justice, allowed the former Department to build a secure drug treatment facility to which the courts would have access. Instead of getting a month or year in Mountjoy, a person would be sentenced to this drug treatment centre and serve the sentence in a lockup system there. We do not have such a facility in this country and it must be considered. It was not considered by previous Governments but it was raised in Minister of State Rabbitte's report and will be examined.

The Eastern Health Board has doubled the number of detoxification spaces in Dublin hospitals. It has units in Beaumont and Cherry Orchard, outpatient spaces have almost doubled in the Dublin area in the past year and extra medical staff are also available.

I am confused about the Progressive Democrats' role in this debate. Deputy O'Donnell says she will save £15,000 per prisoner. How is that to be reconciled with Senator Honan's contribution? I am not an economist or the Minister for Finance but if we build the prison with 600 places in Portlaoise that Senator Honan advocated, that will not save £15,000 per prison space. It will cost money and the Senator should have the honesty to say so. If the Progressive Democrats were not looking both ways at the same time they might make some sense.

The Minister might be looking that way herself.

I would be worried if I were on the Fianna Fáil side.

Last night Deputy Michael McDowell was weeping for the awful conditions the prisoners suffer on one hand and on the other hand he was saying they should be locked up. In another life Deputy McDowell is in the courts doing his job. He knows all about defending some of the people whose presence on the streets he criticises. I am confused about the Progressive Democrats.

We know the Minister is confused.

If there is an opportunity in the next century for Fianna Fáil to consider going into Government with the Progressive Democrats——

They should be careful.

The Senator is good at this because he has been in Opposition so long.

——they should be careful because I reread Deputy McDowell's contributions less than a year after leaving coalition with Fianna Fáil. He was bemoaning the revolving door and one would swear his party had never been near Government.

The Minister and Minister Higgins are like twins.

Some Senators need to go back to the creche.

I will happily return to this House when it can be shown that any other Government or Minister for Justice has presided over more action, legislation and realistic delivery than I have done in two years in office. Millions of pounds have been spent not just on prisons but in other areas to correct the problems we inherited.

I propose to share my time with Senator Cassidy.

Acting Chairman

Is that agreed? Agreed.

Castlerea Prison has only come on stream since the death of Veronica Guerin. The Minister for Justice was not to blame that it was not funded or taken seriously by the Government. She did her best but her Government colleagues did not back her. Everyone knows that.

The most deprived part of Ireland is the inner city of Dublin. The Minister for Justice is supportive of that area but there is a lack of investment in the inner city. We hear Deputies from that area making that case and the investment there is appalling.

Will the video camera and lighting systems be brought in for the Dorset Street, Frederick Street, Gardiner Street and Seán McDermott Street areas? Those deprived areas are adjacent to Mountjoy.

There is deterioration all over the world because of television and video abuse. It is time we started a crusade to correct this. Scramblers can be put in to block those violent movies and in America this is already being done.

My office contacted the office of the governor of Mountjoy today. He informed me that 18 prisoners were released from Mountjoy yesterday due to lack of space. That is a national scandal for which this Government must take responsibility.

Why? Building Castlerea Prison was in the programme for the last Government.

It was funny money.

Monopoly money.

Acting Chairman

Senator Mulcahy without interruption.

The Minister said that the completion date for Castlerea is set for early February 1998. If Minister Quinn had not pulled the plug on the money, that prison would be built now.

This is nonsense. The Senator should at least be accurate.

I refer to the Minister's panic statement of 2 July 1996 when she said that the women's prison in Mountjoy would provide 60 extra prison places, beginning no later than January 1997. Where are those places?

I have told the Senator.

Will the Minister withdraw the statement?

Does Senator Mulcahy wish to subvert the planning process? This is a fraudulent speech.

The Minister made a panic statement after the murder of Veronica Guerin. This statement is false and she knows it.

A slightly constitutional party was involved.

Subvert the planning process. They must be bananas where the Senator comes from.

It is a sorry sight to see the once Fine Gael law and order party tainted by the liberal lines of the Labour Party and Democratic Left who are soft on crime and the causes of crime. Their record will vouch for that.

The Senator is not having a good week.

The Senator must be embarrassed because the Minister flattened him.

Amendment put.
The Seanad divided: Tá, 26; Níl, 23.

  • Belton, Louis J.
  • Burke, Paddy.
  • Calnan, Michael.
  • Cashin, Bill.
  • Cotter, Bill.
  • D'Arcy, Michael.
  • Doyle, Joe.
  • Enright, Thomas W.
  • Gallagher, Ann.
  • Hayes, Brian.
  • Howard, Michael.
  • Kelly, Mary.
  • Lee, Joe.
  • McAughtry, Sam.
  • McDonagh, Jarlath.
  • Magner, Pat.
  • Maloney, Seán.
  • Naughten, Liam.
  • Neville, Daniel.
  • O'Sullivan, Jan.
  • Reynolds, Gerry.
  • Ross, Shane P.N.
  • Sherlock, Joe.
  • Taylor-Quinn, Madeleine.
  • Townsend, Jim.
  • Wall, Jack.

Níl

  • Byrne, Seán.
  • Cassidy, Donie.
  • Daly, Brendan.
  • Dardis, John.
  • Fahey, Frank.
  • Farrell, Willie.
  • Finneran, Michael.
  • Fitzgerald, Tom.
  • Honan, Cathy.
  • Kelleher, Billy.
  • Kiely, Dan.
  • Kiely, Rory.
  • Lanigan, Mick.
  • Lydon, Don.
  • McGennis, Marian.
  • McGowan, Paddy.
  • Mooney, Paschal.
  • Mulcahy, Michael.
  • Mullooly, Brian.
  • O'Brien, Francis.
  • O'Kennedy, Michael.
  • Roche, Dick.
  • Wright, G.V.
Tellers: Tá, Senators Burke and Magner; Níl, Senators Fitzgerald and Finneran.
Amendment declared carried.
Motion, as amended, agreed to.
Barr
Roinn