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The Minister for Justice, Equality and Defence, Mr Alan Shatter TD, today published the 2012 Annual Report of the Inspector of Prisons, Judge Michael Reilly, along with his report entitled “An Assessment of the Irish Prison System”.

The Office of the Inspector of Prisons is a statutory independent office established under the Prisons Act, 2007. The Inspector's key role is to carry out regular inspections of prisons and to submit an Annual Report to the Minister. The Inspector may also investigate any matter arising out of the management or operation of a prison and submit a report on any such investigation.

Speaking on publication, Minister Shatter said “I welcome the publication of the Inspector’s Annual Report and his Assessment of the Irish Prison System. The Inspector brings a wealth of experience and knowledge to the post from his national and international work. He provides a valuable independent and reforming oversight of our prisons and I would like to thank the Inspector for all his efforts during 2012. We are very fortunate to have his advice on what can be done, and indeed must be done, to improve prison conditions, set standards, advise on best practice and over time bring about real change within the prison system”

The Minister went on to say “While deficiencies remain, his report is generally quite positive and I am pleased that he acknowledges that recent changes which have taken place in the Irish Prison system have had a positive influence on how prisons are run and on the lives of prisoners. In general, the report and assessment acknowledge the efforts being made by the Irish Prison Service to address long-standing issues such as the elimination of slopping out, the replacement of Cork Prison, the proposed development of Limerick Prison, the opening of the Safety Observation and Close Supervision Cells, Dedicated Committal Areas, and High Support Units, along with standard operating procedures. I am pleased to note that the Inspector has complimented the efforts of the Director General of the Irish Prison Service, his management team and prison staff, and the support given to his office by my Department. The Inspector can be assured that every effort will continue to be made to fully address any deficiencies identified”.

The Inspector welcomes the Irish Prison Service Three Year Strategic Plan 2012-2015 which commits the Service to embark on capital projects in order to replace outdated accommodation and facilities in Mountjoy and Portlaoise prisons. However, issues of concern remain. These include the existing culture including low levels of abuse in certain prisons, overcrowding, slopping out, health issues, lack of dedicated committal areas, use of Safety Observation and Close Supervision Cells, prisoner complaints and investigations of deaths in custody.

Minister Shatter also said “I am committed as Minister to having a credible and comprehensive prisoner complaints system in place. New procedures for the investigation of prisoner complaints went live on 1 November, 2012. Since then, all Category A Complaints i.e. the most serious level of complaints (assault, serious intimidation of prisoners by staff etc.) are investigated by a panel of independent investigators. The Inspector has oversight of the complaints process from the very beginning. This has been strengthened by the extra resources assigned to his office.”

On the matter of deaths in custody, the Minister said that “An independent process for the investigation of deaths in prison custody has been set up. The Inspector now carries out investigations of all deaths occurring since 1st January, 2012. Like the Inspector, I am satisfied that the combination of the Inspector’s investigation, a Garda Inquiry and the Coroner’s investigation and inquest will mean that Ireland is in compliance with all its obligations and meets the criteria laid down by the European Court of Human Rights in terms of the procedural requirements of Article 2 of the Convention on Human Rights”.

The Minister has noted the Inspector’s concerns in relation to prison healthcare, the standards that apply, and the use of safety observation cells. Minister Shatter said “While considerable progress has been achieved in arranging inputs by contracted external professionals, there is a requirement to further enhance services. The Inspector has recommended an independent audit of healthcare provided in prisons and I am pleased to say that that process will commence in the autumn”.

In his Annual Report, the Inspector has called for the closure of St Patrick’s Institution in its current form. He acknowledges the efforts made by prison management to deal with the issues previously identified and the improvements made. However, on his latest follow up inspections which he undertook over three weeks in March of this year, he found disturbing incidents of non-compliance with best practice and breaches of the fundamental rights of prisoners.

Despite the best efforts of management, the Inspector reports that the culture has not changed, and that the safe and secure custody of young offenders detained there can no longer be guaranteed. He recommends that the facility should be closed, prisoners dispersed to other institutions and existing staff dispersed likewise.

The Inspector makes a number of general points on the accommodation of such prisoners elsewhere. They include revisiting the timeline of May, 2014 for the transfer of 17 year old remand and committal prisoners to Oberstown with a view to bringing this date forward. Interim arrangements are also suggested, and he calls for the bringing forward of primary and secondary legislation as a matter of urgency.

Despite measures taken to reduce the flow of contraband into St Patrick’s and eliminate the number of incidents and disturbances directly associated with this within the institution, the Director General of the Irish Prison Service has reported that the safe and secure custody of young offenders detained in St. Patrick’s Institution cannot be guaranteed. In relation to the 17 year olds detained in St. Patrick’s, it has not proved possible to introduce a childcare model of detention as this was predicated on the provision of care staff from the Children Detention Schools to work alongside prison staff. The Irish Youth Justice Service has not as yet been in a position to facilitate this.

Minister Shatter said “While a significant number of improvements have been made in the Institution, including a new management team being put in place and measures to tackle the flow of drugs, it is disappointing and unacceptable to note the disturbing incidents of non-compliance with best practice and breaches of fundamental rights of prisoners identified by the Inspector. When this was brought to my attention last March, I immediately asked the Director General of the Irish Prison Service to prepare an action plan outlining options for the future use of St Patrick’s Institution”.

Minister Shatter said “In line with the recommendation of the Inspector of Prisons and in order to effect the changes necessary in regime and culture and to ensure the safe and secure custody, I am satisfied that the complete closure of St. Patrick’s and the dispersal of all prisoners and staff is now required. Pending the development of new facilities in Oberstown in mid 2014, for which the Minister for Children & Youth Affairs has responsibility, this will in the interim involve the transfer of all 17 year olds currently serving a sentence in St. Patrick’s Institution to a dedicated Unit in Wheatfield Prison and the transfer of the 18 to 20 year old population to Wheatfield also.

Arrangements will also be put in place for the transfer of prison staff to other institutions. With the full co-operation and support of everyone involved, it is anticipated that this can be achieved within 6 months. A dedicated Project Board has been established by the Irish Prison Service to oversee this transition”.

It is proposed that prisoners will continue to be committed for a period of detention to St. Patrick’s Institution. They will be accommodated in a dedicated committal and assessment unit for up to 24 hours (B Wing). From here, prisoners will be dispersed to Wheatfield Prison where 150 young offender spaces will be provided.

It is proposed that two Wings of St. Patrick’s Institution will be designated as part of Mountjoy Male Prison. One Wing will be solely designated as a Protection Wing. Prisoners will be transferred from Mountjoy. This relocation of protection prisoners from Mountjoy will also facilitate the completion of the refurbishment works in Mountjoy Prison. Another Wing will be allocated for a cohort of prisoners who will transfer from Wheatfield Prison in order to allow for the creation of young offender spaces. A full work training and education regime will be provided.

Once the necessary primary legislation providing for the closure of St. Patrick’s is passed, the intention is that the full prison would become part of Mountjoy Male Prison.

The reports are available on the Department’s website at www.justice.ie