Written Answers Nos. 296-311
296. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the number of hours and days per week that schools are currently open per prison; the number of prisoners attending school in each prison; and the extent to which staff shortages are resulting in school closures. [32283/17]
Amharc ar fhreagraI am advised that the Irish Prison Service provides a wide range of rehabilitative programmes to those in custody that include education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and spiritual services. These programmes can offer purposeful activity to those in custody while serving their sentences and encouraging them to lead law abiding lives on release. These programmes are available in all prisons and all people in custody are eligible to use the services.
The development of prisoner programmes forms a central part of the Irish Prison Service Three Year Strategic Plan 2016 - 2018. There is a clear commitment in the Strategy to enhance sentence planning through Integrated Sentence Management and the delivery of prison based rehabilitative programmes.
As well as seeking to draw on best practice in adult and further education in the community, there has been a lot of curriculum development over the years that is specific to prison circumstances, such as courses on addiction, health issues and offending behaviour.
The Department of Education and Skills provides an allocation of 220 whole time teacher equivalents to the Prison Service through the Education and Training Boards (ETB). Education in prisons is delivered in partnership between the ETBs and the Irish Prison Service with a focus on providing education which is quality assured, student centred and which facilitates lifelong learning. The partnership endeavours to meet the needs of students through helping them cope with their sentence, achieve personal development and prepare for life after release. A broad and flexible curriculum is provided which ranges from basic literacy classes and peer-led tutoring to Open University. There is an increasing focus on QQI accreditation as the modular structure best meets the needs of students in prison. On some occasions, people in custody may have to wait for a place to become available on an educational programme.
In general prison cells are unlocked at approximately 8.15 am each morning for breakfast. People in custody collect breakfast and return to cells, which are then locked from 8.45 a.m. to 9.15 a.m. Cells are again unlocked for those in custody to attend work, school , visits and exercise. People in custody return for lunch at 12 noon and cells are locked at 12.30 p.m. Afternoon unlock commences at 2.15 p.m. and people in custody return to structured activities in schools, workshops and visits. Evening tea is served from 4 p.m. and cells are locked from 4.30 p.m. to 5.20 p.m. when evening recreation commences until all cells are locked at 7.30 p.m.
The Irish Prison Service advises that 42% of the people in custody during the month of March 2017 participated in Education activities. See table outlining participation figures for March 2017.
|
Education Unit |
No. of Teachers WTE's |
March Population |
March Participation |
March 2017% |
|
Arbour Hill |
10.50 |
662 |
424 |
64.0 |
|
Castlerea |
16.23 |
1570 |
674 |
42.9 |
|
Cloverhill |
8.00 |
1755 |
386 |
22.0 |
|
Cork |
19.10 |
1386 |
758 |
54.7 |
|
Dochas |
7.00 |
581 |
325 |
55.9 |
|
Limerick |
16.05 |
1220 |
514 |
42.1 |
|
Loughan |
9.52 |
590 |
469 |
79.5 |
|
Midlands |
34.20 |
4119 |
1839 |
44.6 |
|
Mountjoy |
17.23 |
1897 |
691 |
36.4 |
|
Portlaoise |
19.64 |
1149 |
486 |
42.3 |
|
Shelton Abbey |
7.41 |
557 |
303 |
54.4 |
|
Mountjoy West |
20.05 |
796 |
431 |
54.1 |
|
Training Unit |
7.50 |
385 |
118 |
30.6 |
|
Wheatfield |
20.10 |
2280 |
546 |
23.9 |
|
212.53 |
18947 |
7964 |
42.0 |
The Prison Service advises that there has been a small number of closures of schools in recent months, due to staff shortages, however complete closure of Prison Education Centres is infrequent and Prison Governors only close the entire school when there is no other option.
It should also be noted that the levels of access to services by prisoners is dependent on staffing levels on any particular day. Prisons may experience staffing shortfalls on any given day for a number of reasons, including the number of escorts of prisoners to court or prisoners being admitted to hospital which requires staff to leave the prison. On such occasions, prisons are now implementing Regime Management plans which help to ensure that access to services is maximised by directing resources at those prisoners wishing to avail of Work training and other regimes and through the implementation of a number of operational measures such as staggered feeding times for prisoners and rotational unlock of landings.
297. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the access that prisoners held on restricted regimes have to training and education, specifically in Wheatfield place of detention and Mountjoy Prison. [32284/17]
Amharc ar fhreagraI can advise the Deputy that the restriction of a prisoner's regime can occur due to a number of factors including the protection of vulnerable prisoners. This is provided for under Rule 63 of the Prison Rules 2007. A prisoner may, either at his or her own request or when the Governor considers it necessary, in so far as is practicable and subject to the maintenance and good order and safe and secure custody, be kept separate from other prisoners who are reasonably likely to cause significant harm to him/her.
In addition, the Governor may decide, for the maintenance of good order in the prison, to remove a prisoner from general association or structured activity to reduce the negative effect that a prisoner or prisoners may have on the general population. This is provided for under Rule 62 of the Prison Rules 2007. There may also be a smaller number of prisoners who would be restricted for medical (Rule 64) or discipline reasons (Rule 67).
Wheatfield Place of Detention provides education to prisoners on a restricted regime who wish to engage with education. Each group from the different landings can access education at different time slots and on different days during the week.
Prisoners on a restricted regime in Wheatfield Place of Detention can also avail of access to exercise, training, gymnasium, library and recreation. All of the activities that are available to other prisoners in open association are provided to this cohort of prisoners in so far as it is practicable, taking into account security and safety concerns daily. The periods of activity are allocated and rotated to share out as evenly as possible the periods of the day, that is, morning, afternoon and evening.
Within Mountjoy Prison, the prisoners in the High Support Unit, prisoners on Detox Programmes and those on Protection are on restricted regimes. These prisoners are provided with access to the Mountjoy Prison education centre - those on Detox Programmes attend education all day Monday; the rest of the week is devoted to the detox programmes so Monday is the only free time available for education and this is scheduled into their weekly detox programme. Education, cookery classes and mindfulness meditation are provided in the High Support Unit.
Classes are provided to Protection prisoners in Mountjoy Prison on Tuesday and Friday mornings and those prisoners are provided with reading materials, education and art resources. In relation to access to Work Training, protection prisoners in Mountjoy accommodated on the A wing have access to training in computers and industrial skills.
298. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the number of prisoners in the closed prison estate who have daily access to a minimum of seven hours of educational and vocational programmes from Monday to Friday. [32285/17]
Amharc ar fhreagraI am advised by the Irish Prison Service that it endeavours to allow prisoners to spend as much time as possible each day out of their cell or room. Rule 27(3) of the Prison Rules 2007 states "In so far as is practicable, each convicted prisoner should be engaged in authorised structured activity for a period of not less than five hours on each of five days in each week".
In general prison cells are unlocked at approximately 8.15 a.m. each morning for breakfast. Prisoners collect breakfast and return to cells, which are then locked from 8.45am to 9.15am, when cells are again unlocked so that they can attend work, school, visits and exercise. They return for lunch at 12 noon and cells are locked at 12.30 p.m. Afternoon unlock commences at 2.15 p.m. and people in custody return to structured activities in schools, workshops and visits. Evening tea is served from 4 p.m. and cells are locked from 4.30 p.m. to 5.20 p.m. when evening recreation commences until all cells are locked at 7.30 p.m.
I am further advised by the Irish Prison Service that it provides a wide range of rehabilitative programmes to persons in custody that include education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and spiritual services. These programmes offer purposeful activity to those in custody while serving their sentences and encourage them to lead law abiding lives on release. These programmes are available in all prisons and all persons in custody are eligible to use the services.
It should also be noted that the levels of access to services by prisoners is dependent on staffing levels on any particular day. Prisons may experience staffing shortfalls on any given day for a number of reasons, including the number of escorts of prisoners to court or prisoners being admitted to hospital which requires staff to leave the prison. On such occasions, prisons are now implementing Regime Management plans which help to ensure that access to services is maximised by directing resources at those prisoners wishing to avail of Work training and other regimes and through the implementation of a number of operational measures such as staggered feeding times for prisoners and rotational unlock of landings.
299. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the number of family visits requested in 2016; and the number of such visits refused in 2016. [32286/17]
Amharc ar fhreagraI wish to advise the Deputy that the number of family visits for 2016 was in excess of 130,000 visits.
There are two types of panel for each prisoner, namely a standard panel which predominantly features family and friends and a professional panel which features legal personnel and any other person providing a service. All persons entering a prison must be on a prisoner's visitor panel which are nominated by the prisoner only.
The level of regime a prisoner enjoys will determine the number of visits they are entitled to per week. Prisoners can also avail of special visits outside their normal visits entitlement on approval from the Governor of the prison. These are normally approved for compassionate reasons, for example, in the event of a family bereavement or personal issue. There are occasions where these requests for special visits may be refused. However, these are not centrally recorded.
I am advised by the Irish Prison Service that its Strategic Plan 2016-2018 sets out the commitment of the Irish Prison Service to strengthen family supports to facilitate ongoing contact with prisoners while in custody and their reintegration post release, with appropriate supports and programmes.
300. Deputy Jonathan O'Brien asked the Minister for Justice and Equality if the Irish Prison Service facilitates evening and weekend visits to take into account the needs of children and families of prisoners. [32287/17]
Amharc ar fhreagra301. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the Government's commitment to Better Outcomes, Brighter Futures, the national policy framework for children and young people 2014-2020 to ensure adequate access by children to an imprisoned parent in a child-friendly setting. [32288/17]
Amharc ar fhreagraI propose to take Questions Nos. 300 and 301 together.
I am advised by the Irish Prison Service that its Strategic Plan 2016-2018 sets out the commitment of the Irish Prison Service to strengthen family supports to facilitate ongoing contact with prisoners while in custody and their reintegration post release, with appropriate supports and programmes.
The Director General of the Irish Prison Service established the Families & Imprisonment Group, and tasked the group with examining existing visiting facilities for all prisoners and in particular to address the needs of children and families as highlighted in the report published by the Irish Penal Reform Trust titled "Picking up the Pieces: The Rights and Needs of Children and Families Affected by Imprisonment".
The Families & Imprisonment Implementation Group is currently overseeing the delivery of the actions identified. The group is chaired by a prison Governor and includes representatives from the Childhood Development Initiative, the Psychology Service, the Probation Service, the Prison Officer's Association and Tusla. A key goal is to establish a model of through care to parents returning to the community in partnership with Tusla and other community based organisations. A number of significant objectives have been achieved so far; most notably enhanced staff training, delivery of the ‘Parents Plus’ parenting programme on a pilot basis in Limerick Prison, the establishment of more family-friendly visits, and refurbishment of visit spaces.
Following a period of consultation with a range of non-government organisations, the Irish Prison Service forged a partnership with the Childhood Development Initiative and the Parents Plus Charity to introduce a dedicated family and imprisonment programme on a pilot basis called 'Family Links' which commenced in Limerick Prison in September 2014 with the aim to improve the visiting experience for families, improve staff awareness of the effects of imprisonment on families, and to support the family unit with the introduction of a parenting programme.
The Parents Plus Charity and Childhood Development Initiative have worked with the Irish Prison Service to tailor the ‘Parents Plus’ parenting programme to meet the need of parents in prison. Family Liaison Officers in Limerick Prison facilitate parenting skills course for prisoners, and ‘Bedford Row’ charity works simultaneously to deliver the parenting programme in the community. This programme has been successfully delivered to 24 prisoners. An evaluation of the Family Links Programme in Limerick was launched by the Tánaiste, Deputy Frances Fitzgerald, on Monday 13 February 2017.
Enhancements to visit facilities in a number of prisons is being gradually rolled out under the Small Works Scheme. Funding was awarded to St. Vincent de Paul to extend their Visitor Centre facilities to Wheatfield Prison. The Irish Prison Service has allocated funding to appoint a Family Links Coordinator and to extend the Family Links model to Wheatfield Place of Detention and to Cork Prison in 2017, to include family related courses and programmes, staff training and support, community follow-up and partnership, communications and enhanced visiting facilities.
All of our prisons facilitate visits on Saturdays to take account of the needs of families visiting persons in custody. Sunday visits are allowed to the two Open Centres (Loughan House and Shelton Abbey) and to enhanced prisoners in Cork and Portlaoise Prisons. Evening visits, up to 7 p.m., are accommodated in Cork Prison Monday to Friday.
302. Deputy Jonathan O'Brien asked the Minister for Justice and Equality if there have been prosecutions of prison staff since 2012 for breaching the privacy of prisoners. [32289/17]
Amharc ar fhreagraI am not aware of any criminal prosecutions of the type referred to by the Deputy. It should also be noted that prosecutions are a matter for the Director of Public Prosecutions, who is independent in the performance of her functions.
303. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the number of investigations into breaches of privacy that have taken place since 2012. [32290/17]
Amharc ar fhreagraI wish to inform the Deputy that it is not possible to collect the information required within the time frame allotted. This information is currently being collated and will be forwarded to the Deputy once it becomes available.
304. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the number of independent living skills units currently available across the prison estate. [32291/17]
Amharc ar fhreagraI am advised by the Irish Prison Service that the first independent living skills unit was opened in Wheatfield Place of Detention in late 2016. The purpose of the unit is to assist prisoners serving long sentences to develop clear and realistic goals in the context of successful sentence progression. The unit replicates community living in as so far as is possible within a closed prison environment and encourages prisoners to take responsibility over their own positive Sentence Management.
The Irish Prison Service further informs me that a second independent living skills unit is planned for Mountjoy Prison and is anticipated to open later this year.
305. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the number of prisoners across the closed prison estate who have access to communal dining. [32292/17]
Amharc ar fhreagraI am advised by the Irish Prison Service (IPS) that there are no facilities for communal dining in the closed prisons, with the exception of the Grove Unit in Castlerea Prison (approximately 38 prisoners) and the Independent Living Skills Unit in Wheatfield Prison (approximately 12 prisoners). I am further informed by the Irish Prison Service that a number of enhanced regime prisoners involved in activities such as laundry, kitchen, and grounds maintenance duties in the closed prisons avail of communal dining facilities during the working day. This number fluctuates on a daily basis but would amount to around 290 prisoners.
306. Deputy Darragh O'Brien asked the Minister for Justice and Equality the commitments the Government has made in terms of accepting refugees and unaccompanied minors here; the number of persons to date in 2017 who have been accepted under the various resettlement and relocation programmes; the number of unaccompanied minors who have arrived here to date in 2017; if he expects Ireland to meet its commitment of accepting 4,000 refugees by the end of 2017; and if he will make a statement on the matter. [32309/17]
Amharc ar fhreagraAs the Deputy may be aware, in September 2015, the Government established the Irish Refugee Protection Programme and agreed to accept up to 4,000 persons overall under Resettlement and Relocation Programmes at the earliest time possible.
As regards the Resettlement strand of the programme, we had taken in 519 of our original commitment of 520 under the EU Resettlement Agreement of July 2015 by the end of 2016, a full year ahead of the European Commission's schedule. As a result, last year, the Government doubled its commitment under resettlement to 1,040. The number of persons who have arrived from Lebanon under the UNHCR-led resettlement programme now stands at 785. The remaining 255 persons to arrive under resettlement have been selected and assessed and are expected to arrive later in the year, also from Lebanon.
Under the EU Relocation programme, 459 of our allocation of 1,089 from Greece are already in the State and a further 357 have been assessed and are awaiting transfer to Ireland. A further mission to Athens this month assessed 101 persons. Relocations from Italy have not been possible, to date, due to the refusal by the Italian authorities to allow other Member States, including Ireland, to conduct security assessments of candidates on its soil. Bilateral discussions are continuing to try to resolve this impasse and the Commission has asked Italy to again examine the matter. The Deputy should also be aware the actual numbers eligible for relocation from Italy and Greece are much lower than those originally envisaged under the two Council Decisions of September 2015 (160,000 people). In its most recent publication on Relocation and Resettlement, published on 13 June, the Commission estimates some 39,000 people are eligible and registered for relocation in Italy and Greece, of which approximately 21,000 have been relocated to other Member States to date.
Ireland agreed to take up to 20 unaccompanied minors (UAMs) under the relocation aspects of the IRPP. Ireland's capacity to take UAMs is determined by Tusla, the Child and Family Agency. Six UAMs (by the stricter Irish definition) have arrived in Ireland from Greece under the programme. However, relatively few UAMs appear to be available within the cohort eligible for relocation and efforts continue to seek further transfers within this cohort. All UAMs that have arrived to date are in the care of Tusla.
In a further gesture of humanitarian assistance towards the most vulnerable caught up in the migration crisis and following a debate in the Dáil, the Government also committed to taking up to 200 additional unaccompanied minors from France who were previously resident in the migrant camp at Calais. On foot of the Government Decision, Tusla, The Child and Family Agency, which comes within the remit of my colleague, the Minister for Children and Youth Affairs, Deputy Katherine Zappone, launched the Calais Special Project (CSP). This is being led operationally by their Separated Children Seeking Asylum team. All of the unaccompanied minors that have been identified in cooperation with the French authorities as suitable for relocation to Ireland have been accepted into Ireland and provided with the appropriate supports. I understand that 21 young persons have been relocated to this jurisdiction to date, 19 of whom are currently in the care of Tusla, and two of whom have been reunited with family members living in Ireland.
I am satisfied that we are making progress to ensure many more people can come to Ireland under our resettlement and relocation programmes. Our attention is focused on meeting these targets and the needs of those accepted under the programmes on arrival. Significant resources are currently being invested in these humanitarian efforts through the various offices in my Department and in other Departments and agencies. As a result we have established functioning mechanisms and associated expertise to deal with resettlement and relocation. It is essential that we continue our efforts to complete the IRPP successfully before we look to apply the learning from this Programme to deliberations with regards to any future refugee intake. Decisions taken at EU level with regard to the ongoing migration crisis will of course impact on any such deliberations.
307. Deputy Mattie McGrath asked the Minister for Justice and Equality the number of persons identified as having being illegally trafficked into the State in the past five years; the numbers of these persons who are children; and if he will make a statement on the matter. [32342/17]
Amharc ar fhreagraA distinction needs to be drawn between human trafficking and people smuggling, as there is no requirement that a person must have crossed a border for human trafficking to have taken place.
People smuggling involves migrants being facilitated with entry into a state through illegal means and, unlike human trafficking, must take place across international borders. Human trafficking is the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, crucially, for the purpose of exploitation. Trafficking in human beings can, and does, take place within national borders. Whereas persons are trafficked by means of coercion or deception, persons who are smuggled usually consent to being smuggled, albeit often in dangerous or degrading conditions.
It is also important to note that people smuggling can lead to trafficking if, for example, the circumstances of the smuggled persons change during the journey or on arrival in the state leading to them becoming victims of violence and exploitation.
The Government's approach to the crime of human trafficking is contained in the 'Second National Action Plan to Prevent and Combat Human Trafficking in Ireland', published by my predecessor in October 2016.
While statistics on people smuggling are unavailable, given the clandestine nature of the activity, it has been estimated that up to 80% of irregular migration from Africa is "facilitated". While a reliable estimate of the numbers of persons being smuggled into Europe is also unavailable, given the destabilisation in the Mediterranean region, the trend is on an upward trajectory. The following data on human trafficking refers to alleged victims reported to the Garda Síochána in a given year. The Deputy may wish to know that further statistics on the extent of human trafficking in Ireland are available on the State's dedicated website, www.blueblindfold.gov.ie.
Alleged victims of trafficking reported to An Garda Síochána by year of report
|
2012 |
2013 |
2014 |
2015 |
2016 |
Total |
|
|
Adults |
25 |
28 |
34 |
55 |
74 |
216 |
|
Minors* |
23 |
16 |
12 |
23 |
21 |
95 |
|
Total |
48 |
44 |
46 |
78 |
95 |
311 |
*Human trafficking is broadly defined in Irish legislation, and offences relating to child pornography often bring such actions within the legal definition of human trafficking. Therefore, these statistics include victims of crimes committed under Section 3(2) of the Criminal Law (Human Trafficking) Act 2008; in general these are victims of sexual offences relating to child pornography, sexual assault and sexual indecency, rather than what might be considered human trafficking for commercial sexual exploitation such as prostitution. This distinction should be borne in mind when considering the above data and, in particular, when comparing Irish statistics with those of other jurisdictions.
308. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the reason capital expenditure was €19 million behind profile at the end of June 2017; and the projects which have not been in receipt of funds that should have been allocated at this stage, in tabular form. [32390/17]
Amharc ar fhreagraI wish to inform the Deputy that all capital expenditure for 2017 has been allocated to specific projects. While efforts are made at the start of the year to profile expenditure as accurately as possible, this is particularly difficult with capital expenditure as it is not always possible to predict precisely when contracts will be awarded or invoices will be received. The Deputy will also appreciate that, like any building work, other delays can occur. Consequently, I am informed that delays in capital expenditure at this point in the year are mainly attributable to timing issues relating to procurement, invoices and building works. While expenditure is currently approx €19 million behind profile, it is anticipated that this will be corrected over the second half of the year.
309. Deputy Alan Kelly asked the Minister for Justice and Equality if he will ensure that no Member of the current Houses of the Oireachtas has had their phone calls or other forms of personal or business communications listened to, copied or intercepted; and if he will make a statement on the matter. [32492/17]
Amharc ar fhreagra310. Deputy Alan Kelly asked the Minister for Justice and Equality if permission has been sought under the appropriate legislation by the Garda Commissioner to listen to, copy or intercept phone conversations or other form of personal or business communications belonging to Members of the current Houses of the Oireachtas. [32493/17]
Amharc ar fhreagra311. Deputy Alan Kelly asked the Minister for Justice and Equality the appropriate legislation and processes in place to facilitate requests by An Garda Síochána to intercept persons' telecommunications. [32494/17]
Amharc ar fhreagraI propose to take Questions Nos. 309 to 311, inclusive, together.
The interception of post and telephone communications is governed by the provisions of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993.
The Act permits the Minister for Justice and Equality to authorise an interception but only for the purposes of criminal investigation into serious offences or in the interests of the security of the State and only subject to the strict conditions set out in the Act.
The operation of the Act is overseen independently by a Designated Judge of the High Court who reports to the Taoiseach on his examination of its operation and who, by law, has full access to all persons and records that she requires. In addition, a Complaints Referee, who is a serving judge of the Circuit Court, receives and investigates complaints from persons who believe that their communications have been unlawfully intercepted. If the Complaints Referee finds that there has been a violation of the Act, he can order that the interceptions cease and recommend the award of compensation.
It is not the practice and it would be contrary to the public interest to disclose details of any authorisations to intercept. The Deputy will understand that this practice of long standing, which has been followed by my predecessors, arises for sound security reasons. Furthermore, section 12 of the Act places a requirement on the Minister for Justice and Equality to ensure that such arrangements are in place to limit to the minimum necessary the disclosure of the fact that an authorisation has been given, and the contents of any communication which has been intercepted pursuant to an authorisation. The Act defines "necessary" as necessary for the purpose of the prevention or detection of serious offences or in the interests of the security of the State.
The Deputy will appreciate that I am maintaining this practice of my predecessors, but I can assure him that I have never exercised these legal powers to interfere in any way with the work of Members of the Oireachtas.
