DEGRADING, INHUMANE and unsafe. That is the verdict passed by Europe’s leading human rights organisation on conditions in Irish prisons. The State’s abject failure in its “duty of care” to inmates is a long-running scandal, but is only one aspect of a deep-seated malaise within the criminal justice system. Decades of wrong-headed policies, official neglect and judicial indifference have contributed to a horrendous situation that cannot be allowed to fester for any longer.
The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment visited Ireland early last year and was appalled by conditions at Mountjoy Prison in particular. There, it found a drug-fuelled gang culture where stabbings, slashings and assaults happened on an almost daily basis. Overcrowding and livings conditions were so extreme that they posed a risk to both staff and inmates. Conditions at Cork Prison were degrading and a health hazard. Visits to St Brendan’s and St Ita’s psychiatric hospitals caused concern about the level of violence between patients and towards staff.
Overcrowding, antiquated buildings and inadequate staff training are the primary problems. The practice of locking people up for relatively minor offences has been hugely expensive and largely counter-productive. Prison has become a “finishing school for crime” where drug gangs exercise an increasing influence. This is not a new phenomenon. Government-appointed visiting committees and inspectors of prisons warned against it for years. Prison governors condemned gross overcrowding and the “mindless expansion” of prison places. But encouraged by successive governments, judges continued to send minor offenders and the mentally distressed to jail. That must stop.
The Strasbourg-based committee suggests that, as an immediate step, short prison sentences should be replaced by community sanctions. Unlike other EU countries, the prison population here grew by 30 per cent in three years, largely driven by the imposition of short sentences. As a result, conditions exist that would be unacceptable in any civilised society. Haphazard healthcare and the prescription of heroin withdrawal medication without meaningful medical supervision have added to an endemic drugs problem. A further cause for concern is the ongoing failure by the authorities to resolve cases of alleged assault by prison officers.
Ombudsman for Children Emily Logan has added her voice to demands for reform. She wants a unit to cater for 16- and 17-year-old children, pending the closure of St Patrick’s Institution and the opening of a special replacement facility at Oberstown. Children, she believes, should not be detained in a prison environment. The Children Act of 2001 agrees. It states that children should be placed in custody only as a last resort. In spite of Government commitments, however, a tender for the Oberstown facility has yet to be issued.
Fixed attitudes and traditional punishments will have to give way to community sanctions. The criminal justice system is failing the broader needs of society.