Minister for Justice Michael McDowell and his department have been sharply criticised by the inspector of prisons for failing to introduce a range of penal system reforms.
In his fourth annual report Mr Justice Dermot Kinlen accuses the Minister and his officials of having an attitude towards reform that is "frightening and fascist". His strongest criticism is of the fact that statutory provision has not been made for an independent prisons inspector, in spite of promises by the Government that this would be done.
"Now it emerges that the Minister has 'other priorities'. This is outrageous and practically unbelievable," he states.
The report, which covers the 12 months up to April 2006, was published yesterday by the Department of Justice, Equality and Law Reform, on its website.
The annual reports of prison visiting committees, details of which had already been made public, were also formally published.
In his report, Mr Justice Kinlen says Mr McDowell had "the gall" to write to him last April saying it was part of his legislative plans to make the inspectorate statutory but without giving a date, but it is "quite clear", he claims, that the Minister and the Government had no intention of establishing a statutory inspectorate.
"If public opinion forced them to do so, they would do their best to ensure that the inspector does not have the powers to fulfil the requirements of his office."
The report states that Northern Ireland has both an ombudsman for prisoners and an independent inspectorate, whereas the Republic has neither. As a result, the Government may be in breach of the Belfast Agreement.
"Why are things so good in Northern Ireland and why is everything so retrograde in the Republic?" the report asks.
"Surely, the Belfast Agreement should be honoured by the Irish Government. It is with great sadness I am writing this report. I think it is fair to ask, what are the Minister and his department hiding? Of what are they afraid?"
Elsewhere in his report Mr Justice Kinlen says he knows Mr McDowell well and he is "a hyperactive Minister", but he is concerned that the Minister has been "subsumed into the traditional mindset of his predecessors and his department. It is 'us' against 'them'. 'Transparency' and 'accountability' are dirty words."
The former High Court judge also repeats the call in his 2005 annual report for the immediate closure of St Patrick's Institution, which he describes as a "finishing school for bullying and developing criminal skills".
Mr McDowell's reaction a year ago was that everything was being transferred to the proposed new prison at Thornton Hall, in north Dublin. This, says Mr Justice Kinlen, "is the new panacea".
The report also severely criticises conditions at Cloverhill Prison in Dublin, where people are held on remand. Classrooms have been taken over by the prison transport corps, in an arrangement which Mr Justice Kinlen describes as "deplorable".
Continuing overcrowding of Mountjoy Prison in Dublin is also highlighted. Among the 15 recommendations are that an independent prisons inspectorate be established on a statutory basis.
The Probation and Welfare Service should also be set up as an independent agency, the report says, while the Department of Health and Children should take responsibility for prisoners with psychiatric illnesses.
It also recommends that an adequate number of psychologists be appointed immediately to all prisons and that drama and music should be encouraged in all places of detention.
Inspector of Prisons report: what Dermot Kinlen said
The approach of Minister for Justice Michael McDowell and his officials to prison reform:
"The present attitude is frightening and fascist."
Mr McDowell:
"The present ever active and performing Minister has certainly produced a large quantity of legislation and is threatening more."
St Patrick's Institution, Dublin:
"No wonder the 'Dubs' and 'Culchies' attack each other, there is not much else to do in this home of boredom."
Drug use in prisons:
"Unfortunately, it would appear that some prison officers have themselves been used as conduits" Cloverhill Prison:
"The present situation is deplorable."
The prison system: "Prisons on the whole do not work. Longer sentences without any rehabilitation do nothing on the whole to reduce recidivism."
Detaining deportees in prisons:
"They have not been sentenced, they do not deserve to be criminalised, as all they wanted to do was share the 'Irish dream'. Is this a crime?"
Himself:
"I have been delighted with most of the media coverage of my reports, which I have written in what I hope is a readable form and not a Civil Service style which is frequently a turn-off."
