NOTICE OF MATTER FOR THE ADJOURNMENT (Ref. No.: 1 )
( 4 minute Statement)
17 October, 2012
______________________________________________________________________________
To respond to the report of the Inspector of Prisons on St.Patrick's
Institution and to explain what is being done to address the findings in
the report.
Deputy Niall Collins and Deputy Aodhan O’Riordain
I would like to thank Deputy Collins and Deputy O’Riordain for raising this
important matter and for the opportunity to speak on the issues arising
from the Inspector of Prison’s Report on St Patrick’s Institution which I
published yesterday.
I would like to begin by thanking the Inspector, Judge Michael Reilly, for
his report. He has a tremendous record of providing independent oversight
of our prison system and brings a forensic eye, a persistence and
dedication to the process for which the Government and I are very
grateful. With regard to St Patricks, as he remarks in his report, he made
a number of unannounced visits on a variety of occasions to facilitate his
getting the best insight possible into the running of the institution.
His reports, however critical they may be, make a real difference and I can
assure the House no stone will be left unturned in addressing the issues
raised in this particular report. I also want to say that I greatly
valued the report prepared by the Ombudsman for Children, Emily Logan, last
year following her discussions with young people detained in St Patrick’s.
Her work is much appreciated and she can be assured of my full support – as
evidenced by the decision to extend her remit to St. Patricks.
As I said yesterday, neither I nor the Government will tolerate the type of
abuse outlined by the Inspector in his report. It is unacceptable in any
civilised society. This must change and it will change. Let there be no
doubt about that.
The report raises serious issues and major concerns including weak
management, behaviour of some prison staff, the culture in the prison, the
inattention to human rights norms, prisoners on protection and prevalence
of drugs. The Inspector concluded that there has been a culture in St
Patrick’s which resulted in the human rights of some prisoners (children
and young adults) being either ignored or violated. However from the
outset, I would assure the Deputy that concrete measures have already been
taken to address the recommendations made by the Inspector with over 80% of
the recommendations being implemented to date.
This report is shocking and I am grateful to the Inspector for bringing
these matters to light. For many years I had concerns about St Patricks and
believed that it was an inappropriate facility for children and I was
instrumental in ensuring the Government was committed to change in the
Programme for Government which included a specific commitment in that
regard, and I quote “We will end the practice of sending children to St.
Patrick’s Institution.”
Simply put, the Government will not tolerate this type of abuse - it is
completely unacceptable. I visited St. Patricks on 22nd March 2011, within
two weeks of my appointment but, unfortunately, on a Ministerial visit the
difficulties observed and detailed by Judge Reilly are not readily
apparent. The value of his unannounced visits and inspections cannot be
overestimated. I met the Inspector of Prisons in early May last as he
asked to discuss the situation in St. Patrick’s and there has been regular
contact with him since then. It is also important not to lose sight of the
fact that the Inspector acknowledges in his report that the vast majority
of staff in St. Patricks carry out their duties in a professional manner
and the problem lies with a very small minority of staff.
Having had this engagement with the Inspector, both the Director General of
the Irish Prison Service and myself were in a position to ensure that
action was taken immediately. An action plan addressing all of the
Inspector’s recommendations was put into place without delay. This included
the appointment of a new senior management team which has been tasked with
providing clear and decisive leadership to the staff in order that the
problems outlined by the Inspector are dealt with quickly and effectively.
This team, lead by the new Governor, is liasing closely with the Director
General of the Irish Prison Service and the Inspector of Prisons to ensure
that each and every one of the Inspector’s recommendations are implemented.
Indeed in this context, the Irish Prison Service has also undertaken to
ensure enhanced prison healthcare procedures are put in place, and records
are maintained on the removal and relocation of prisoners. A new dedicated
committal unit is in operation, and a new vulnerable persons unit is also
being established. Additional security arrangements have been introduced to
minimise drugs and contraband entering the prison. Educational facilities
will be improved along with the provision of an incentivised regimes
programme and an improvement in physical conditions and facilities
generally.
As I have said, one of the Government’s priorities in the Programme for
Government was to remove 16 and 17 year old offenders completely from the
adult prison system. In this context, the practice of sending 16 year old
boys to St Patrick’s ceased on 1st May, 2012. From that date, all newly
remanded or sentenced 16 year olds have been detained in the children
detention facilities in Oberstown. The Government also sanctioned the
provision of the necessary funding for a new detention facility at
Oberstown. This is due for completion in mid-2014. These matters were all
dealt with by me in cooperation with my colleague Frances Fitzgerald TD,
Minister for Children and Youth Affairs.
In the interim, the Minister for Children and Youth Affairs has agreed to
examine the feasibility of accommodating some categories of 17 year old
boys in Oberstown on a phased basis earlier than mid 2014, if possible.
Arrangements are also being made for a number of care staff from the
Children Detention Schools to work on placement in St Patrick’s Institution
alongside Prison Staff. It is intended that this will take place within the
next two months. In addition, as I have already mentioned the remit of the
Ombudsman for Children was extended in July of this year to include St
Patrick’s Institution - something which she has been seeking for a number
of years and a request with which previous Governments failed to agree.
Very soon after I took office as Minster for Justice, I initiated a
consultation process with the Inspector of Prisons regarding the
introduction of a new complaints procedure for the Prison system. This
process has recently been completed with the appointment of a panel of 22
external investigators and the new complaints system will go live on the 1
st of November. I have instructed the Director General of the IPS to
direct the new investigators to commence an examination of
previous
complaints in St. Patrick’s Institution, such as those referred to by the
Inspector in his report.
Finally, let me say that I am conscious and only too well aware that a
whole series of previous reports going back many years were produced on St
Patrick’s Institution and in particular on the need to remove 16 and 17
year olds from there. These reports were not acted upon by previous
Ministers for Justice and indeed not by previous Governments. I will not
be going the same route. This report will not be ignored and has not been
ignored. Myself and the Irish Prison Service, in consultation with the
Inspector of Prisons, and Minister Frances Fitzgerald, and the Irish Youth
Justice have acted with great speed to address the issues raised in this
report.
Thank you.