For the most recent report from the Progress in the Penal System annual project, visit the Irish Penal Reform Trust website.
Progress in the Penal System: 2020 (‘PIPS 2020’) is a comprehensive report by the Irish Penal Reform Trust (IPRT) on Ireland's penal system over 12 months (published January 2021).
PIPS 2020 is the 4th annual edition of the PIPS report. Unlike previous editions, PIPS 2020 takes a different approach to assessing progress. We remain dedicated to achieving the 35 standards assessed in previous years, but it was not possible to measure progress in the same way during the pandemic. This edition examines 12 standards. Previous editions are available through the menu on the top right-hand side.
The chapters of the PIPS 2020 report can be accessed using the navigation to the right. Alternatively, browse the report by theme below.
An 'at a glance' assessment of progress across 12 PIPS 2020 standards is also included below.
Penal policy is continually monitored, implemented, evaluated and evolving.
Penal policy in Ireland should reflect the guiding principles and values of penal reform.At the same time, policy should maintain a level of flexibility to adapt to emerging issues, the needs of the prison population and the changing penal environment. Therefore, implementation, regular review and evaluation of penal policy are imperative.
Publication of reports by the Implementation Oversight Group, which was set up to monitor progress on recommendations of the Penal Policy Review Group, has stalled.[127] The most recent report published was in February 2019, evidence that this substantial delay preceded the Covid-19 pandemic.
In the letter that accompanied the seventh progress report, the Chairperson stated that:
“The Group will review the overall implementation process to date and assess possible ways forward to ensure the promise of the Penal Policy Review Group’s vision is fulfilled.” [128]
In September 2020, the Minister for Justice outlined penal reform as a priority issue.[129] The Minister stated that a review is underway to examine
the progress made since the establishment of the Penal Policy Review Group and its 43 recommendations.[130] The recommendations made by the Joint Committee on Justice and Equality in its report on Penal Reform and Sentencing will also be examined.[131] This review, alongside the eighth progress report of the Implementation Oversight Group, is expected to be published by the end of 2020.[132]
One of the core recommendations made by the Penal Policy Review Group[133] was to establish Consultative Council to advise on penal policy. A commitment to establish the Consultative Council is contained in the 2020 Programme for Government - Our Shared Future.[134] The Consultative Council is intended to provide a forum for consultation with various external experts in penal policy and provide oversight in the implementation of penal policy commitments. It could also play an important role in refuting reactive legislative and policy proposals that are not grounded in evidence. The Consultative Council is one mechanism through which the vision of the Penal Policy Review Group can be progressed.
A number of other progressive policy and legislative commitments related to penal reform are outlined in the 2020 Programme for Government,[135] including:
• Ratify and implement the Optional Protocol to the Convention against Torture within 18 months of the formation of the Government.
• Establish a high-level cross-departmental and cross-agency taskforce to consider the mental health and addiction challenges of those imprisoned and primary care support on release.
• Review the existing functions, powers, appointment procedures and reporting processes for prison visiting committees.
• Review the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 to broaden the range of convictions that are considered spent.
• Work with all criminal justice agencies to build capacity to deliver restorative justice, safely and effectively.
IPRT has welcomed and endorsed all of these commitments.[136]
Further positive developments in the area of policy include the delivery and publication of commissioned research by the Department of Justice as part of its Data and Research Strategy 2018-2020.[137] In particular, IPRT welcomes the publication of An Evidence Review of Recidivism and Policy Responses.[138] The review demonstrates that community sanctions are more effective than short-term prison sentences in reducing re- offending. It also identifies ‘dynamic’ (i.e. where intervention is possible) risk factors associated with recidivism such as unemployment and substance misuse. The importance of procedural fairness is also highlighted, whereby if people in conflict with the law believe they have been treated fairly, the likelihood of reoffending may be reduced:
“The evidence suggests that prisoners behave better when they feel that they are being listened to; treated respectfully and courteously; given an opportunity to state their view; and subjected to equitable rule enforcement. If this improved behaviour continues in the community it is to everyone’s benefit.”[139]
The research found that procedural unfairness communicates disrespect leading to further alienation, resistance and noncompliance. Early release programmes were also found to reduce reoffending; this was linked with trust. The findings of An Evidence Review of Recidivism and Policy Responses should form an important basis for future policy development.
An Evidence Review of Confidence in Criminal Justice Systems was also commissioned by the Department of Justice.[140] This identified a number of interventions to improve confidence in the criminal justice system. The review similarly identified the importance of applying procedural justice principles, along with the development of strategies to improve community policing and the use of restorative justice.
The Department of Justice also published a literature review that identified best practices in relation to victims’ interaction with the criminal justice system, including: the need for effective communication and information sharing, victim- centred responses, clearly-defined victim participation schemes, tailored approaches for victims with specialist needs (such as victims of sexual violence), and equal access and enforcement of rights.[141]
All of the above reviews will support evidence-led policymaking in the criminal justice system in Ireland. However, further investment is needed to provide an evidence-based research infrastructure. As identified by one of the leading Professors of Criminology in Ireland:
“Those of us with an interest in criminology and criminal justice in Ireland — mine stretches back more than 30 years at this stage — have long been frustrated by the lack of research infrastructure, reliable data and expert analysis. This has adversely impacted the quality of the debate about crime and punishment and puts us at a great disadvantage when it comes to, first, deciding how to respond and, secondly, deciding whether any response has had the desired effect.”[142]
These reviews should set the context for larger pieces of independent, empirical research, which should be properly funded by the State. During 2020, the Department of Justice undertook consultations on its first Criminal Justice Sectoral Strategy with various stakeholders including non- governmental organisations.[143] This wider external engagement in agenda setting is something PIPS has previously called for.[144]
The publication of the Draft Youth Justice Strategy in May 2020 is also promising, in particular proposals for diversion programmes for 18-24 year olds.[145] Evidence shows that the right interventions at the right points in time can lead to a reduction in offending rates among young adults.[146] The Programme for Government also commits to examining the potential to increase the age limit for the Garda Youth Diversion Programme to 24 years.[147]
Finally, at the outset of the Covid-19 pandemic, the Irish Prison Service and the Department of Justice adapted their penal policy approach through granting temporary release to low risk prisoners assessed on a case-by-case basis.[148] This positive action shows how the system could adapt, respond, and evolve during an emergency, and should be both maintained and extended. (See Standard 2, Imprisonment as a last resort).
Indicator S1.1: Establishment of a Consultative Council
The first meeting of the Consultative Council has yet to take place. However, IPRT welcomes the renewed commitment to establish a Consultative Council in the 2020 Programme for Government – Our Shared Future.[149] The Minister for Justice has stated, “officials within my Department are expected to have concluded an examination of how best to take the commitment forward by the end of this year.”[150]
Indicator S1.2: Number of Penal Policy Review Group (PPRG) recommendations that have been fully implemented
There have been no Implementation Oversight Group reports published by the Minister for Justice to assess progress on recommendations made
by the Penal Policy Review Group since February 2019.[151] The Minister has stated that a review is underway to examine progress, and this will be accompanied by the eighth Implementation Report published before the end of 2020.[152]
Indicator S1.3: Number of recommendations of Joint Committee on Justice, Defence and Equality (2013) Report on Penal Reform that have been implemented
There have been no substantive progressive developments in relation to the five key recommendations made by the Joint Committee on Justice, Defence and Equality, and there has been significant regress on its recommendation to decarcerate:
1. Reduce the prison population by one-third over ten years:
There continues to be an upward annual trend on the daily average number of persons in custody since 2017.
2. Commute sentences of less than six months for non-violent offences: no change
3. Increase remission to 33% for all sentences over one month and establish an enhanced remission scheme up to half sentence: no change
4. Introduce a single piece of legislation that would form the basis of a structured release system: no change
5. Address overcrowding and prison conditions with increased use of open prisons: while overcrowding was reduced during the Covid-19 pandemic (see Thematic Area 2: Prison Conditions and Regimes), there has been no long-term policy change in addressing this issue. The use of open prisons remains static.
Indicator S1.4: Number of recommendations of the Joint Committee on Justice and Equality (2018) Report on Penal Reform and Sentencing[153] that have been implemented.
Out of 29 recommendations made by the Joint Committee on Justice and Equality, many remain outstanding, including: the phasing out of solitary confinement, the capping of prison numbers, an accommodation policy of one person per cell and the establishment of an independent complaints system. (Some of these areas are further examined under the relevant standards in this report.) The Minister for Justice has stated that progress on recommendations by the Joint Committee on Justice and Equality will be included in the review underway on progress made on penal reform.[154]
Indicator S1.5: Publication of relevant data and research to inform evidence-led criminal justice policy
Three research reviews were commissioned and published by the Department of Justice over 2019/2020 including: An Evidence Review of Recidivism and Policy Responses[155], An Evidence Review of Confidence in Criminal Justice Systems[156] and Exploring Victims’ Interactions with the Criminal Justice System: A Literature Review.[157]
The Draft Youth Justice Strategy published by the Department of Justice in 2020 takes an evidence- led approach.[158] IPRT welcomes this evidence- based policy direction, along with the open public consultation processes on a number of strategies during 2020.[159]
Indicator S1.6: Adoption and implementation of PIPS standards
There has been no formal adoption and implementation of PIPS standards by criminal justice bodies. However, IPRT welcomes that the PIPS standards are taken into account in the Office of the Inspector of Prisons new inspection framework, A Framework for the Inspection of Prisons in Ireland.[160]
Emerging Practice: Restorative Practice in Penal Policy
In 2018, the Council of Europe published a recommendation encouraging member States to use restorative justice[161]. 2019 saw the wider application of restorative justice in the practices of the Probation Service, which co-hosted a National Symposium on ‘Implementing Restorative Justice in Law, Policy and Practice’ with the Centre for Crime, Justice and Victim Studies in the University of Limerick in November 2019.[162] Restorative justice has also been included in the Victims Charter[163] and other relevant reviews.[164]
A commitment to restorative justice is also included in the Programme for Government[165], the Action Plan for the Joint Management of Offenders[166], and as part of the Office of Inspector of Prisons Framework for the Inspections of Prisons in Ireland[167], for prison staff to use restorative justice principles to prevent and resolve conflicts. The use of restorative practice was also recommended in prisons during the Covid-19 pandemic:
“Restorative practices could be used to give prisoners and staff a meaningful opportunity to express themselves and play a role in determining what should happen in relation to protocols for visits, relaxing regimes, and the provision of ongoing support.” [168]
There has been very little reported progress on the implementation of penal policy recommendations and reforms over 2019/2020. This lack of progress in penal policy occurred prior to the Covid-19 pandemic. However, much progress is evident in other areas including the publication of research to inform evidence-based policymaking in Ireland. Nevertheless, a better research infrastructure to drive and inform policy-making is needed. The commitment to establish the Consultative Council and other penal reform commitments included in the 2020 Programme for Government are welcome. There was also swift, adapted policymaking evident in reducing the prison population by the Irish Prison Service and the Department of Justice at the outset of the pandemic.
Action 1.1: |
The Department of Justice and Equality should publish the terms of reference, including the budget and powers of the Consultative Council. Following this, a date must be set for the Consultative Council’s initial meeting to advise on issues related to penal policy. [Repeated] |
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Action 1.2: |
The Department of Justice and Equality should publish its review of penal policy implementation within its committed timeline of end 2020. |
Seventh Report of the Implementation Oversight Group to the Minister for Justice and Equality - February 2019, http://www.justice.ie/en/JELz/IOG_Seventh_Report_of_the_Implementation_Oversight_Group_to_the_Minister_for_Justice_and_Equality.pdf/File/IOG_Seventh_Report_of_the_Implementation_Oversight_Group_to_the_Minister_for_Justice_and_Equality.pdf
Letter from Chairperson of the Implementation Oversight Group to the Minister for Justice and Equality - February 2019, http://www.justice.ie/en/JELR/Pages/Penal_Policy_Review
Kildare Street.com, Written Answers, Wednesday 23rd September 2020, Department of Justice and Equality, Penal Policy Review Group, https://www.kildarestreet.com/wrans/?id=2020-09-23a.437
Strategic Review of Penal Policy, Final Report, http://www.justice.ie/en/JELR/Strategic%20Review%20of%20Penal%20Policy.pdf/ Files/Strategic%20Review%20of%20Penal%20Policy.pdf
Joint Committee on Justice and Equality (2018) Report on Penal Reform and Sentencing, https://data.oireachtas.ie/ie/oireachtas/committee/dail/32/joint_committee_on_justice_and_equality/reports/2018/2018-05-10_ report-on-penal-reform-and-sentencing_en.pdf
Kildare Street, Department of Justice and Equality, Penal Policy Review Group, https://www.kildarestreet.com/wrans/?id=2020-09-23a.437
See Recommendation 42 of the Strategic Review of Penal Policy, http://www.justice.ie/en/JELR/Strategic%20Review%20of%20 Penal%20Policy.pdf/Files/Strategic%20Review%20of%20Penal%20Policy.pdf
The Green Party, Programme for Government - Our Shared Future, https://www.greenparty.ie/wp-content/uploads/2020/06/ProgrammeforGovernment_June2020_Final.pdf
See IPRT’s 5 Key Recommendations for the Programme for Government 2020+, https://www.iprt.ie/elections-2020/5-keyrecommendations-for-the-programme-for-government-2020/ and in relation to reform of prison visiting committees, see Action 24.3 of Progress in the Penal System (PIPS): A Framework for Penal Reform (2019), https://pips.iprt.ie/progress-in-the-penal-system-pips/part-2-measuring-progress-against-the-standards/d-complaintsaccountability-and-inspections-mechanisms/24-inspections-and-monitoring/
Department of Justice and Equality, Data & Research Strategy 2018-2020 Supporting delivery of “A safe, fair and inclusive Ireland”, http://www.justice.ie/en/JELR/Department_of_Justice_and_Equality_Data_and_Research%20_Strategy_2018-2021.pdf/Files/Department_of_Justice_and_Equality_Data_and_Research%20_Strategy_2018-2021.pdf
O’Donnell I. (2020) An Evidence Review of Recidivism and Policy Responses, http://www.justice.ie/en/JELR/An_Evidence_Review_ of_Recidivism_and_Policy_Responses.pdf/Files/An_Evidence_Review_of_Recidivism_and_Policy_Responses.pdf
Hamilton C. & L. Black (2019) An Evidence Review of Confidence in Criminal Justice Systems, http://www.justice.ie/en/JELR/An_Evidence_Review_of_Confidence_in_Criminal_Justice_Systems_(2019).pdf/Files/An_Evidence_ Review_of_Confidence_in_Criminal_Justice_Systems_(2019).pdf
Healy D. (2019) Exploring Victims’ Interactions with the Criminal Justice System: A Literature Review, http://www.justice.ie/en/ JELR/Victim_Interactions_with_the_Criminal_Justice_System.pdf/Files/Victim_Interactions_with_the_Criminal_Justice_System.pdf
Department of Justice, Criminal Justice Sectoral Strategy, https://www.gov.ie/en/consultation/d8def-criminal-justice-sectoral-strategy-public-consultation/
See Action 1.2 of Progress in the Penal System (2019): A Framework for Penal Reform, https://pips.iprt.ie/progress-in-the-penal-system-pips/part-2-measuring-progress-against-the-standards/a-an-effective-andhumane-penal-system/1-towards-a-progressive-penal-policy/
See Department of Justice, Draft Youth Justice Strategy 2020-2026, http://www.justice.ie/en/JELR/Draft_Youth_Justice_ Strategy_2020_(Public_Consultation).pdf/Files/Draft_Youth_Justice_Strategy_2020_(Public_Consultation).pdf
IPRT (2015) Turnaround Youth: Young Adults (18-24) in the Criminal Justice System: The case for a distinct approach, https://www.iprt.ie/site/assets/files/6357/iprt-turnaround-web-optimised.pdf
The Green Party, Programme for Government - Our Shared Future, https://www.greenparty.ie/wp-content/uploads/2020/06/ProgrammeforGovernment_June2020_Final.pdf
Department of Justice and Equality, Covid-19 Information regarding the Justice Sector Covid-19 plans, http://www.justice.ie/en/JELR/Pages/Information_regarding_the_Justice_Sector_COVID-19_plans
The Green Party, Programme for Government - Our Shared Future, https://www.greenparty.ie/wp-content/uploads/2020/06/ProgrammeforGovernment_June2020_Final.pdf
Kildare Street, Written answers, Thursday, 15 October 2020, Department of Justice and Equality, Penal Policy Review Group, https://www.kildarestreet.com/wrans/?id=2020-10-15a.683
Department of Justice and Equality, Penal Policy Review, http://justice.ie/en/JELR/Pages/Penal_Policy_Review
Kildare Street, Written answers, Wednesday, 23 September 2020, Department of Justice and Equality, Penal Policy Review Group, https://www.kildarestreet.com/wrans/?id=2020-09-23a.437
Houses of the Oireachtas (2018), Joint Committee on Justice and Equality, Report on Penal Reform and Sentencing, https://data.oireachtas.ie/ie/oireachtas/committee/dail/32/joint_committee_on_justice_and_equality/reports/2018/2018-05-10_ report-on-penal-reform-and-sentencing_en.pdf
Kildare Street, Written Answers, Wednesday 23 September 2020, Department of Justice and Equality, Penal Policy Review Group, https://www.kildarestreet.com/wrans/?id=2020-09-23a.437
O’Donnell I. (2020) An Evidence Review of Recidivism and Policy Responses, http://www.justice.ie/en/JELR/An_Evidence_Review_ of_Recidivism_and_Policy_Responses.pdf/Files/An_Evidence_Review_of_Recidivism_and_Policy_Responses.pdf
Hamilton C. & L. Black (2019) An Evidence Review of Confidence in Criminal Justice Systems, http://www.justice.ie/en/JELR/An_Evidence_Review_of_Confidence_in_Criminal_Justice_Systems_(2019).pdf/Files/An_Evidence_ Review_of_Confidence_in_Criminal_Justice_Systems_(2019).pdf
Healy D. (2019) Exploring Victims’ Interactions with the Criminal Justice System: A Literature Review, http://www.justice.ie/en/ JELR/Victim_Interactions_with_the_Criminal_Justice_System.pdf/Files/Victim_Interactions_with_the_Criminal_Justice_System.pdf
Department of Justice, Draft Youth Justice Strategy 2020-2026, http://www.justice.ie/en/JELR/Draft_Youth_Justice_ Strategy_2020_(Public_Consultation).pdf/Files/Draft_Youth_Justice_Strategy_2020_(Public_Consultation).pdf
See Irish Penal Reform Trust submissions at www.iprt.ie/iprt-submissions
Office of the Inspector of Prisons, A Framework for the Inspection of Prisons in Ireland, https://www.oip.ie/wp-content/uploads/2020/09/OIP-Inspection-Framework-Single.pdf
Council of Europe, Recommendation CM/Rec (2018) 8 of the Committee of Ministers to member States concerning restorative justice in criminal matters, https://search.coe.int/cm/Pages/result_details.aspx?ObjectId=09000016808e35f3
The Probation Service, Probation Service Annual Report 2019, p.14 https://www.gov.ie/en/publication/5ba4c-probation-service-annual-report-2019/
Government of Ireland, Victims Charter, https://www.victimscharter.ie/wp-content/uploads/2020/04/Victims-Charter-22042020.pdf
Department of Justice and Equality (2020) Supporting a Victim’s Journey, A plan to help victims and vulnerable witnesses in sexual violence cases, http://www.justice.ie/en/JELR/Supporting_a_Victims_Journey.pdf/Files/Supporting_a_Victims_Journey.pdf
The Green Party, Programme for Government – Our Shared Future, https://www.greenparty.ie/wp-content/uploads/2020/06/ProgrammeforGovernment_June2020_Final.pdf
Department of Justice, An Garda Síochána, The Probation Service and the Irish Prison Service, Action Plan for the Joint Management of Offenders, http://www.justice.ie/en/JELR/action-plan-for-the-joint-management-of-offenders.pdf/Files/actionplan-for-the-joint-management-of-offenders.pdf
Office of the Inspector of Prisons (2020), A Framework for the Inspection of Prisons in Ireland, https://www.oip.ie/wp-content/ uploads/2020/09/OIP-Inspection-Framework-Single.pdf
Imprisonment is used as a last resort. This principle is enshrined in legislation, with focus on the promotion and proportionate use of alternatives to custody.
One of IPRT’s core guiding principles is ‘imprisonment as a last resort’. The damaging impact of imprisonment on the individual, as well as its ripple effects on families and communities, is enormous. Separation from family can lead to a breakdown in relationships, while the experience of imprisonment itself can result in institutionalisation. Imprisonment can also act as a barrier to employment upon release, as well as a significant barrier in accessing other supports such as housing.
Community sanctions, by contrast, can motivate and provide individuals with a sense of purpose by participating in, and making a contribution to society, while also allowing those who have caused harm to ‘pay back’ or make reparation[169] directly to the community.
PIPS 2019 reported that Ireland’s imprisonment rate in July 2019 was 82 per 100,000.[170] As of July 2020, Ireland’s imprisonment rate was 75 per 100,000.[171] This 7% reduction is attributed to the increased number of prison releases and a decrease in prison committals that occurred during the initial period of the Covid-19 pandemic,[172] and is not linked with long-term policy or sentencing reform.
Custodial sentences
Annual figures reveal a continual increase in prison population numbers in Ireland since 2017. There was a 2% increase in the daily average number of people in custody from 3,893 in 2018 to 3,971 in 2019.[173] There was again a significant increase in the number of people committed to prison for short sentences:[174]
There was a total of 3,453 committals on short sentences (excluding committals for fines default) in 2019. By comparison, 2,791 community service orders were carried out in the same year.[175]
In 2019, there was another decrease on numbers participating in early release programmes from prison, from 218 in 2018 to 206 in 2019.[176] Compliance rates for community return remain high at 89%. There has been a revision of the qualification time from 50% of total sentence to 50% of remitted sentence for eligible cases serving sentences of less than three years. However, the Irish Prison Service failed to meet its own target of 250 releases.[177] Planned and structured early release, including parole, for prisoners is important.
As highlighted by O’Donnell (2020):
“the act of placing trust in prisoners and holding them to their word leads to an improvement in behaviour.”[178]
2019 also saw the number of committals for the non-payment of court-ordered fines almost double from 455 in 2018 to 861 in 2019.[179] The operation of the Fines (Payment and Recovery) Act 2014[180] should be reviewed to inform further development and implementation of alternative sanctions to imprisonment.
Non-custodial sentences
Community sanctions must be accessible and available nationwide so that the judiciary has full confidence in applying these sanctions. The Probation Service plays an important role in providing the judiciary with pre-sanction and community service reports.[181] In 2019, an inter- agency group comprising key stakeholders across the justice sector was established to focus on improved effectiveness in the area of pre-sanction assessment reports. The group considered a broad range of issues and made proposals. These proposals should be published, to help inform the development and administration of community sanctions.[182]
During the Covid-19 pandemic, the Probation Service, like other criminal justice agencies adapted its way of working, including developing specific targeted responses for those at most risk of offending.[183] However, generally, there has been less information made publicly available on how the Probation Service and community sanctions have operated during the pandemic. During the initial lockdown, community service sites were closed for health and safety reasons. The Probation Service used telephone and video contact during this period.[184] Since then, as a result of Covid-19 restrictions such as social distancing, community service sites are operating but at reduced capacity.
In March 2020, 2,376 people were on a Community Service Order. In July 2020, there was a 26% decrease in the number of people on Community Service Orders at 1,747.[185] Over the same period, there was a 22% increase in the numbers on Community Return[186], i.e., prisoners returning to the community through a structured early release programme. Seventy-nine people were on Community Return in March 2020, with numbers rising every month, reaching 97 in July 2020.[187]
There will be a need for ongoing review of how community sanctions operate in the context of the pandemic, with a need for innovative solutions to avoid any potential negative impact on the prison population.
Need for analysis
Analysis is needed to examine why increasing numbers of short sentences continue to be handed down in the Courts, when legislation – the Criminal Justice (Community Service) Amendment Act 2011[188] – requires the court to first consider community service as an alternative. Such analysis should examine whether there have been ‘net widening effects’ (i.e. where community sanctions are being used for low-risk offenders who would otherwise have received lighter sanctions) in the criminal justice system, since a reduction in short- term prison sentences has not coincided with an increased use of community service orders. The analysis should also examine the effectiveness of community sanctions with a view to strengthening confidence in their operation across the country, in order to reduce the use of short-term custodial sentences. Where barriers to the use of community sanctions by the Courts are identified, these must be addressed. The proposed analysis should also examine the use of structured release programmes such as the Community Support Scheme and the Community Return Programme, with a view to enhancing and expanding successful programmes.
Sentencing Data and Guidelines
In 2020, a Sentencing Guidelines and Information Committee was established, as required by the Judicial Council Act 2019.[189] The functions of the Committee include: drafting and amending sentencing guidelines; monitoring the operation of sentencing guidelines; and collating information on sentences imposed by the courts. The systematic collation and publication of sentencing data will be important to inform policy and enhance public confidence in the justice system. However, it is important that the introduction of sentencing guidelines does not impact adversely on penal policy. In this respect, imprisonment as a sanction of last resort should be enshrined as a core sentencing principle, as previously recommended by the Penal Policy Review Group.[190]
The principle of imprisonment as a last resort is outlined in the 2020 Review of Suspended Sentences published by the Law Reform Commission:
“The basic premise of the principle of last resort is that a custodial sentence should not be imposed unless no other penalty or sanction would be sufficient to reflect the seriousness of the offending behaviour. The development of this principle has received much less attention in the Irish courts than other sentencing principles, such as proportionality. However, it has been suggested that the constitutional principle of proportionality implies that prison should only be used as a last resort. As all sentences must be proportionate to the gravity of the offence and the personal circumstances of the offender, it therefore follows that, in order for this principle to be observed, the most serious form of punishment available under Irish criminal law – the deprivation of personal liberty – should only be reserved for the most serious offending behaviour.[191]
The Commission recommended that part suspended sentences rank below a term of imprisonment and above the Community Service Order on the scale of severity and above a fully suspended sentence. It examined mitigating factors relevant to whether a sentence should be suspended. This included factors such as: illness/ physical/mental disability and family circumstances including pregnant women or women with dependent children.[192] The Commission recommended that these factors could be set out in a sentencing guideline by the Sentencing Guidelines and Information Committee.
IPRT recommends that the principle of parsimony in punishment (i.e., that the use of prison should be minimised, and that sentences should be no longer than absolutely necessary) should also inform the future development of sentencing guidelines. These proposed principles would counteract the potential risk of sentence inflation that, at least for some offences, may have been linked with the development of sentencing guidelines in other jurisdictions.[193]
Covid-19 Releases
During the Covid-19 pandemic, the categories of prisoner targeted by the Department of Justice and the Irish Prison Service for release were those serving sentences of less than 12 months for non- violent offences and those who had less than six months remaining to serve.[194]
Full temporary releases 2018–2020[195]:
Temporary releases doubled in March 2020 (in response to the Covid-19 pandemic) compared to March 2019. Of the 470 people granted full temporary release in March 2020, 64% were serving a sentence of less than 12 months.[196] The number of temporary releases for females increased from 23 in March 2019 to 56 in March 2020. For males, temporary releases doubled from 202 to 414 in the same period.[197]
While these actions were necessary and strongly welcomed by IPRT, there may have been other prisoners who were suitable for release but who were excluded from the eligibility criteria. At the outset of the pandemic, and in line with calls from international human rights bodies, IPRT had called for the release of particularly vulnerable cohorts of prisoner, such as the elderly, subject to public safety risk assessment.[198] This was echoed by the Office of Inspector of Prisons and Maynooth University in July 2020:
“Criteria for release included the remaining length of sentence and whether the offence was violent in nature. However, there are still persons who could arguably be categorised as of a low risk to the community, but who were not considered for release within the existing criteria. The current circumstances provide an opportunity to review these early release criteria. We urge that mechanisms for early release and alternatives to custody are used to the widest extent.”[199]
For those prisoners who have remained in prison during the pandemic, the harmful effects of imprisonment were exacerbated through the imposition of Covid-19 restrictions, including: greater isolation from family and social networks, limited out-of-cell time, a lack of purposeful activity, with wider uncertainty of the situation including its impact on sentence management and reintegration.
Annual trends show a continued increase in the use of short-term sentences in 2019. While there has been an increase in the number of Community Service Orders carried out, this has not been met with a reduction in short-term prison sentences. All of the indicators show long-term regress. However, the short-term reduction of prison numbers by 10% in 2020 is an opportunity that should be capitalised on. There should be a continued focus on the structured early release of people from prison, which would in turn support a reduction in the number of people on a restricted regime and facilitate greater access to rehabilitative services for those in prison. Early release programmes have also been shown to reduce recidivism. The impact of Covid-19 restrictions on the operation of community sanctions will need to be monitored and responded to going forward.
The extended Presumption Against Short Sentences (PASS) (from sentences of less than 3 months to 12 months) came into effect on 4 July 2019 in Scotland under the Presumption Against Short Periods of Imprisonment (Scotland) Order 2019.[200] The purpose of PASS is to give greater use to encouraging community sanctions.
Based on monitoring information published by the Scottish Government for the period of July 2019 to December 2019 (the first six months of the extended presumption), there is emerging evidence that the number of short custodial sentences has been reduced in Scotland.
While caution must be taken in accrediting changes in sentencing patterns directly to the extended presumption, short-term prison sentences of less than 12 months are decreasing in Scotland, which is a promising result.[201] However, caution must be taken to ensure that this does not lead to further net widening of people in the criminal justice system.
An international review commissioned by the Department of Justice found growing evidence that community service and suspended sentences are more effective than short terms of imprisonment in terms of reducing re- offending,[202] among other positive outcomes. One study in the Netherlands showed that recidivism rates were 46.8% lower for those who completed community service compared with recidivism after imprisonment.[203] The review also found a lack of evidence to support the deterrence effect of short-term sentences.
IPRT’s research previously found a null effect in rates of re-arrest after serving a community service order and short prison sentence.[204] A comprehensive review of how community service is currently operating in Ireland should be undertaken in order to identify areas for improvement, and support public and judicial confidence in the efficacy of non-custodial sanctions.
Action 2.1: |
The Sentencing Guidelines and Information Committee should consider including the principle of imprisonment as a last resort and parsimony as sentencing principles. |
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Action 2.2: |
The Department of Justice should include imprisonment as a sanction of last resort as an overarching principle in its first Criminal Justice Sectoral Strategy. |
Action 2.3: |
The Department of Justice should commission a comprehensive evaluation of the use of community sanctions and relevant legislation. |
Action 2.4: |
The Department of Justice and the Irish Prison Service should increase access to early-release programmes that have been evaluated as supporting rehabilitation. |
IPRT Discussion Paper, Community Service in Ireland, A qualitative exploration of one alternative to short-term imprisonment, https://www.iprt.ie/site/assets/files/6445/iprt_discussion_paper_-_community_service_in_ireland_final.pdf
See Standard 2 Imprisonment as a last resort, https://pips.iprt.ie/progress-in-the-penal-system-pips/part-2-measuringprogress-against-the-standards/a-an-effective-and-humane-penal-system/2-imprisonment-as-a-last-resort/
World Prison Brief, Ireland, Republic of, (at end of July 2020) https://prisonstudies.org/country/ireland-republic
Department of Justice, Information regarding the Justice Sector COVID-19 plans, http://www.justice.ie/en/JELR/Pages/Information_regarding_the_Justice_Sector_COVID-19_plans
Irish Prison Service, Annual Report 2019, p.51 https://www.irishprisons.ie/wp-content/uploads/documents_pdf/IPS-Annual-Report-2019-Web.pdf
The Probation Service, Probation Service Annual Report 2019, http://www.probation.ie/EN/PB/0/ D0F9CB8CA4151F85802585BB005D109B/$File/Probation%20Annual%20Report%202019%20Final%20Version%20A4.pdf
O’Donnell I. (2020) An Evidence Review of Recidivism and Policy Responses, p.47 http://www.justice.ie/en/JELR/An_Evidence_ Review_of_Recidivism_and_Policy_Responses.pdf/Files/An_Evidence_Review_of_Recidivism_and_Policy_Responses.pdf
Irish Prison Service, Annual Report 2019, https://www.irishprisons.ie/wp-content/uploads/documents_pdf/IPS-Annual-Report-2019-Web.pdf
Irish Statute Book, Fines (Payment and Recovery) Act 2014, http://www.irishstatutebook.ie/eli/2014/act/7/enacted/en/html
Community Service Reports are shorter reports and can be facilitated on same day basis. However, it does not contain the same level of detail as pre-sanction reports. For more on this, See Maguire, N. & N. Carr (2017) Individualising Justice: PreSentence Reports in the Irish Criminal Justice System, The Probation Service. http://www.justice.ie/EN/PB/0/5CE45CF7C900AB48802581A9002E00CF/$File/INDIVIDUALISING%20JUSTICE%20PreSentence%20Reports%20in%20the%20Irish%20Criminal%20Justice%20System%20Online%20Edition.pdf
The Probation Service, Annual Report 2019, p.18 http://www.probation.ie/EN/ PB/0/97C8BC2BB20C1AD2802585BB00388D6C/$File/Probation%20Annual%20Report%202019%20Final%20Version%20A4.pdf
Department of Justice, Information regarding the Justice Sector COVID-19 plans, http://www.justice.ie/en/JELR/Pages/Information_regarding_the_Justice_Sector_COVID-19_plans
The Probation Service, Point in Time Statistical Update (1 March 2020) and (1 July 2020), http://www.probation.ie/EN/PB/sectionpage?readform
Community Return is a structured early release programme for qualifying prisoners. More information about Community Return here: http://www.probation.ie/en/PB/Pages/WP16000037
The Probation Service, Point in Time Statistical Update (1 March 2020) and (1 July 2020), http://www.probation.ie/EN/PB/sectionpage?readform
Irish Statute Book, Criminal Justice (Community Service) (Amendment)Act 2011, http://www.irishstatutebook.ie/eli/2011/act/24/enacted/en/print
See section 23 of the Judicial Council Act 2019, http://www.irishstatutebook.ie/eli/2019/act/33/section/23/enacted/en/html#sec23
Strategic Review of Penal Policy, Final Report, July 2014, http://www.justice.ie/en/JELR/Strategic%20Review%20of%20Penal%20 Policy.pdf/Files/Strategic%20Review%20of%20Penal%20Policy.pdf
Law Reform Commission (2020) Report on Suspended Sentences, at 4.23 https://publications.lawreform.ie/Portal/External/en-GB/RecordView/Index/61649
While it is not clear that there is always a direct causal relationship between sentence severity and sentencing guidelines, research from England and Wales has suggested that the introduction of guidelines in that jurisdiction may bear some responsibility for increases in sentence severity for certain offences. See Pina-Sanchez J., Gosling J.P., Chung H.I., Bourgeois E., Geneletti S. & I. Marder (2019), Have The England and Wales Guidelines Affected Sentencing Severity? An Empirical Analysis Using a Scale of Severity and Time-Series Analyses, The British Journal of Criminology, Volume 59, Issue 4, July 2019, Pages 979–1001, https://academic.oup.com/bjc/article-abstract/59/4/979/5366297?redirectedFrom=fulltext
Houses of the Oireachtas, Prisoner Releases, Tuesday 23rd June 2020, https://www.oireachtas.ie/en/debates/question/2020-06-23/317/
IPRT (2020) Irish Prisons and Covid-19 Proposed Measures, https://www.iprt.ie/iprt-submissions/irish-prisons-and-covid-19-proposed-measures/
Office of the Inspector of Prisons and Maynooth University, Ameliorating the impact of cocooning on people in custody, p.7, https://www.oip.ie/wp-content/uploads/2020/07/Ameliorating-the-impact-of-cocooning-on-people-in-custody-a-briefing.pdf
UK Legislation, The Presumption Against Short Periods of Imprisonment (Scotland) Order 2019, https://www.legislation.gov.uk/sdsi/2019/9780111042281/contents
Scottish Government, Data on effects of presumption against short sentences, https://www.gov.scot/news/data-on-effects-of-presumption-against-short-sentences/
O’Donnell I. (2020) An Evidence Review of Recidivism and Policy Responses, http://www.justice.ie/en/JELR/An_Evidence_Review_ of_Recidivism_and_Policy_Responses.pdf/Files/An_Evidence_Review_of_Recidivism_and_Policy_Responses.pdf
O’Hara, K (2016) Examining the comparative use, experience, and outcomes of community service orders as alternatives to short prison sentences in Ireland, https://www.iprt.ie/site/assets/files/6446/koh_final_phd_thesis_-website1.pdf
Pre-trial detention is used as an exceptional measure.[205] Remand prisoners are held separately from sentenced prisoners across the entire prison estate.[206]
Pre-trial detention should be used as an exceptional measure. To justify the detention of a person who is presumed innocent, there must be “a genuine requirement of public interest which, notwithstanding the presumption of innocence, outweighs the rule of respect for individual liberty”.[207] The CPT has noted that remand prisoners ‘are all too often held in dilapidated and overcrowded cells and frequently subjected to an impoverished regime.’[208] Remand detention can have severe psychological effects, with suicide rates higher among remand detainees than sentenced prisoners.[209] Research in Ireland has also shown that self-harm rates among the prisoner population are consistently higher for remand prisoners than those sentenced.[210]
Article 10.2(a) of the International Covenant on Civil and Political Rights (ICCPR) makes clear that remand prisoners should be held separately from sentenced prisoners, as remand prisoners have not been found guilty of an offence.
There has been attention on the increased use of pre-trial detention around the world, described as ‘too often the norm, not the exception.’[211] In Ireland in 2019, of 8,939 committals to prison more than one-third, 3,366 were on remand.[212] The average number of people being held on remand is growing annually: 584 in 2017, 677 in 2018 and 707 in 2019.[213]
This sustained increase in the number of people held on remand means it is a challenge to detain the remand prison population separately from the sentenced prison population. In the meantime, the State maintains its reservation to ICCPR Article 10.2, stating:
“Ireland accepts the principles referred to in paragraph 2 of article 10 and implements them as far as practically possible. It reserves the right to regard full implementation of these principles as objectives to be achieved progressively.”[214]
Overcrowding continues to be cited as a barrier to its full implementation. The State’s only dedicated remand facility, Cloverhill prison has a maximum capacity of 431. Therefore, a reduction in the number of people being held on remand is needed to allow the State to comply with ICCPR Article 10.2. The new Limerick Prison will allow for both male and female remands and sentenced prisoners to be separated, though the Irish Prison Service has stated that this will be dependent upon operational or prisoner population constraints.[215]
The increasing seriousness of charges has been cited as a particular feature of remand prisoners by the Director General of the Irish Prison Service, who has said that remand prisoners are required to be held for much longer periods and at higher levels of security.[216] However, there is no published data available to interrogate this. Further publication of data and analysis is required to understand the reasons for the increasing use of pre-trial detention in Ireland, and introduce interventions to reverse these trends.
Remand detention should also be contextualised within broader economic and social issues. In 2019, 7.8% (697) of all people committed to prison declared they were of ‘no fixed abode’.[217] This is likely to be an under-estimate of the true number of homeless people ending up in prison. The Jesuit Centre for Faith and Justice highlighted that homelessness should never be used as a deciding factor on whether to impose a custodial remand sentence, and, that in such cases, conditions must be attached such as the Department of Housing, Planning and Local Government must be obliged to provide suitable accommodation so the person can be placed on bail.[218]
The first confirmed case of Covid-19 in Irish prisons was on 21 August 2020, of a young homeless woman remanded into custody charged with the offence of threatening and abusive behaviour.[219] This raises significant questions about the type of offences for which women are committed to prison, not to mention the risks associated with prison committals during a pandemic.
An IPS interim report on women on remand showed a 37% increase in the number of female remand committals over the period of 2013-2019.[220] The proportion of female committals on remand has increased steadily from 62% in 2013 to 71% of all female committals in 2017. The analysis shows that a number of women are being remanded into custody multiple times in one year, tripling from 43 women in 2013 to 125 women in 2019. The analysis also shows that from 2016-2019, over one-quarter (26.6%) of women on remand had a charge in the category of ‘theft and related offences’ as their most serious offence. This figure compares to 13% for men.
A reduction in the use of pre-trial detention can be brought about through the introduction of relevant supports to help people comply with bail conditions. The benefits of bail supports schemes include:
There are gender-specific bail programmes in other jurisdictions such as Glasgow Women’s Supported Bail Service in Scotland.[221] This programme helps to keep women out of prison through addressing issues that contribute to offending behaviour such as addiction, mental health, housing and homelessness.
In Ireland, the Bail Supervision Scheme (BSS) has successfully reduced the number of children remanded into custody. On average, the children enrolled on the BSS had a reduction in reoffending almost twice that of the control group.[222] While addressing child offending is different to that of the adult population, an age-appropriate adaptation of the scheme would support young adults (18-24) transitioning into adulthood and reduce the use of remand detention. IPRT has proposed that this should be further explored as part of the Draft Youth Justice Strategy, which commits to developing specific protocols for the management of young adults.[223]
During the Covid-19 pandemic, those on remand were most likely to have experienced harsher prison conditions. The rights of remand prisoners are further described in the next section.
Average monthly number on remand:
The number of remand prisoners held alongside people serving a prison sentence: The Irish Prison Service has stated that it is not possible to extract an accurate account of the number of remand prisoners sharing a cell with sentenced prisoners from the system.[224]
There has been a sustained increase in the use of pre-trial detention in Ireland over recent years. Further analysis is needed to examine the reasons for the increase in the number of people being held on remand, particularly women, with a view to tailoring supports and community-based interventions to reduce the number of remand committals.
Actions required
Action 10.1 |
The Department of Justice and Equality, in conjunction with An Garda Síochána, the Courts Service, the Director of Public Prosecutions, the IPS and the Central Statistics Office, should compile comprehensive statistics relating to the use of pre-trial detention, with a view to enhancing knowledge and understanding of statistical trends. [Repeated] |
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Action 10.2 |
Bail support schemes should be developed, in particular for women, young adults and repeat offenders who are committed on remand to prison for less serious offences. This will require strong inter-agency co-operation from departments such as housing and health. |
See Article 10 2.(a) of the International Covenant on Civil and Political Rights, https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx
Ilijkov v Bulgaria (2001) cited in IPRT (2018) Opening Statement on Bail (Amendment) Bill 2017, 3 December 2018, https://data.oireachtas.ie/ie/oireachtas/committee/dail/32/joint_committee_on_justice_and_equality/ submissions/2018/2018-12-05_opening-statement-irish-penal-reform-trust-iprt_en.pdf
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) Remand detention, p.1 https://rm.coe.int/168070d0c8
In 2017, the rate of self-harm among the prison population was 7.4 compared to 3.1 among sentenced prisoners. The gap narrowed in 2018 at 5.0 compared to 3.7 per 1000. See Irish Prison Service, Self-Harm in Irish Prisons 2018 Second Report from the Self-Harm Assessment and Data Analysis (SADA) Project, https://www.irishprisons.ie/wp-content/uploads/documents_pdf/ Self-harm-in-Irish-Prisons-2018-Second-report-from-the-SADA-Project.pdf
Penal Reform International, Global Prison Trends 2020, p.4 https://www.penalreform.org/resource/global-prison-trends-2020
Irish Prison Service, Annual Report 2019, p.31 https://www.irishprisons.ie/wp-content/uploads/documents_pdf/IPS-Annual-Report-2019-Web.pdf
Law Reform Commission Discussion Paper, Domestic Implementation of International Obligations, p.145 https://www.lawreform.ie/_fileupload/Reports/LRC%20124%202020%20-%20Domestic%20Implementation%20of%20 International%20Obligations.pdf
Irish Prison Service, Annual Report 2019, p.2 https://www.irishprisons.ie/wp-content/uploads/documents_pdf/IPS-AnnualReport-2019-Web.pdf
Jesuit Centre for Faith and Justice, Covid 19: Reducing Remand Population, https://www.jcfj.ie/wp-content/uploads/2020/03/FINAL-COVID-19-Reducing-Remand-Population-.pdf
The Irish Independent, Woman (23) becomes first positive Covid-19 case in Irish prison system, https://www.independent.ie/irish-news/woman-23-becomes-first-positive-covid-19-case-in-irish-prison-system-39469801.html
Aberlour, Glasgow Women’s Supported Bail Service, https://www.aberlour.org.uk/services/supported-bail-service/
Department of Children, Equality, Disability, Integration and Youth, Evaluation of The Bail Supervision Scheme for Children (Pilot Scheme), https://www.gov.ie/en/publication/0a6bc8-evaluation-of-the-bail-supervision-scheme-for-children-pilot-scheme/
IPRT (2020) Submission to the Department of Justice on the Draft Youth Justice Strategy 2020-2026, https://www.iprt.ie/site/assets/files/6745/final_iprt_submission_to_dje_on_draft_youth_justice_strategy.pdf
It is important that prisoners have the choice of single-cell accommodation. Access to single-cell accommodation promotes a prisoner’s right to privacy, and helps to reduce violence.
The PIPS vision of a best-practice prison system is one where single-cell accommodation is the default option. Where people choose to share cells, a thorough risk assessment should be undertaken on a regular basis. Single cell accommodation may act as a safeguard against violence.[244] The Mountjoy Visiting Committee has observed that: “The value of single cell accommodation cannot be overstated, reflecting a commitment to the dignity and privacy of the person.”[245]
Single-cell accommodation also acts to protect health particularly within the context of infectious diseases such as Covid-19. Public health guidance reiterates the importance of ‘social distancing’ (i.e. keeping two metres apart) to prevent transmission of the coronavirus. Social distancing cannot occur when prisoners are cell-sharing. Cellmates are described as ‘close contacts’ of quarantined prisoners and therefore have to be quarantined too.[246] Provision of single-cell accommodation would help uphold prisoners’ rights to parity of medical care and a right to bodily integrity, despite restrictions in their liberty.[247]
During the Covid-19 pandemic, the number of prisoners sharing cells reduced by 8% from 1,892 in January 2020 to 1,746 in April 2020.[248] This reduction was brought about through the overall reduction in prison numbers.
Standard 9: Every prisoner has access to single-cell accommodation.
Prior to the pandemic, in December 2019, the Irish Prison Service had increased its bed capacity in the main women’s prison, the Dóchas Centre by 41 from 105 to 146.[249] This followed an audit described by the Director General as identifying cells “capable of holding two prisoners that are only occupied by one.”[250] The Midlands Prison bed capacity increased by 30 and Wheatfield Prison increased capacity by 60.[251] This increase in bed capacity was achieved merely through the addition of extra beds, and not through any increase in prison size or any improved access to regimes. This is regressive penal policy, which must be re-considered – particularly in light of the Covid-19 pandemic and of the requirement to facilitate social distancing.
The Mental Health Commission also highlighted the significant risks associated with shared accommodation, in particular dormitory-style accommodation in mental health care facilities, during the Covid-19 pandemic. The CEO of the Mental Health Commission called for a national review of shared accommodation to address[252]This recommendation is also of relevance to prison settings where both dormitory style accommodation and shared accommodation exists within the estate.
Given the reduced number of people in prison, there is now an opportunity to work towards provision of single-cell accommodation throughout the estate. This would also allow for people in prison to access toilets in private.
Access to single-cell accommodation is essential in order to meet compliance with infection and prevention control standards including facilitating social distancing, a public health measure likely to continue for the foreseeable future.
Number and percentage of people accommodated in a single cell.[253]
Progressive Practice: Single-cell Accommodation, Norway
In response to the Covid-19 pandemic, Norway is abolishing the use of double and multi-occupancy cells.[254] Single-cell accommodation is being used in order to prevent the spread of infection. This is possible as a result of low imprisonment and recidivism rates.
Single-cell accommodation is a measure that promotes and protects the health and safety of prisoners. The reduction in prisoner numbers in March 2020 has increased the number of prisoners with access to single-cell accommodation. However, it is disappointing that additional beds were added within three prisons following the completion of the Irish Prison Service cell audit at the end of 2019. This should now be reviewed particularly in light of what has emerged during Covid-19, and the necessity of running prisons below design capacity.
Action 9.1 |
The Irish Prison Service should reverse the increase in bed capacities in Dóchas, Midlands and Wheatfield prisons. |
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Action 9.2 |
Legislators should introduce a provision under the Prison Rules, 2007 that single-cell accommodation must be available across the prison estate. |
In late 2019, a man held in Cloverhill prison was strangled to death in his cell by his cellmate. The findings of the investigation into the circumstances of this death have yet to be published. See The Irish Times, Man strangled in Cloverhill Prison names as Mark Lawlor (37), https://www.irishtimes.com/news/crime-and-law/man-strangled-in-cloverhill-prison-named-as-mark-lawlor-37-1.4093509
Mountjoy Prison Visiting Committee, Annual Report 2017, p.6, https://ptfs-oireachtas.s3.amazonaws.com/DriveH/AWData/Library3/JUQdocslaid08032017i_130711.pdf
Gulati G., Dunne C.P & B.D Kelly, Prisons and the COVID-19 pandemic, Ir J Psychol Med. 2020 May 27 2020: 1–2. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7294073/
Irish Prison Service, Census Reports, https://www.irishprisons.ie/information-centre/statistics-information/census-reports/
Irish Prison Service, Prisoner Population on 11th December 2019, https://www.irishprisons.ie/wp-content/uploads/documents_pdf/11-December-2019.pdf &12th December 2019, https://www.irishprisons.ie/wp-content/uploads/documents_pdf/12-December-2019.pdf
The Irish Examiner, Two prison units opened and 100 cells doubled up to tackle overcrowding, https://www.irishexaminer.com/news/arid-30921697.html
Mental Health Commission (2020) Mental health service concerns must be addressed to protect patients from Covid-19, https://www.mhcirl.ie/File/PR_140720.pdf
Irish Prison Service, Census of Cell Occupancy and In-Cell Sanitation Reports for April, https://www.irishprisons.ie/informationcentre/statistics-information/census-reports/
Europris, Directorate of Norwegian Correctional Service, Prevention Measures in European Prisons against Covid-19, https://www.europris.org/directorate-of-norwegian-correctional-service-no/
Every prisoner is encouraged and facilitated to maintain positive family and close significant relationships.
Children and families affected by imprisonment are often referred to as the ‘hidden’ or ‘forgotten’ victims of crime. While families and children have committed no crime themselves, they are punished indirectly for the actions of their parent or family member. Children have the right to maintain regular and direct contact with their parent. Every member of the family maintains a right to family life. Maintaining positive family contact is also a crucial factor in the rehabilitation and desistance process.
Children’s rights, in particular the right to direct contact with their parents, as outlined under the UN Convention on the Rights of the Child,[255] have been significantly impacted by the Covid-19 pandemic.
Family visits were suspended from March until July 2020, when prison visiting re-commenced on a phased basis.[256] (This was later than other residential settings, where visits generally recommenced from end June.[257]) Initially only one adult was permitted to visit their family member. From 17 August 2020, a maximum of one child was allowed to visit a parent/family member in prison.[258] The plight of families, in particular having to choose only one child in the family to bring to visit their parent in prison – after 5 months without any physical contact - was documented in a survey conducted by IPRT.[259] From end August 2020, the reintroduction of local and national restrictions in response to infection rates in the community saw further suspension of visits at county and national level.[260] By 6 October 2020, in-person prison visits were again suspended across the country.[261]
While data on prison visits is not published on an annual basis, in 2018 there were 239,769 visitors to the prison estate of whom 50,592 were children.[262] In the first four months of 2019, there were 78,423 visitors to prisons of whom 16,207 were children.[263] These figures provide an estimate of the scale of visits affected by the restrictive measures imposed during the lockdown.
In the UK, legal action is being taken by a mother concerning her child’s lack of access to their father during the pandemic. The mother’s lawyers are arguing that a ban on visits and problems with video calls are a breach of children’s rights.[264]
In Ireland, a High Court challenge is also being brought over the reduction in prison visits.[265]
A number of positive measures were introduced by the Irish Prison Service in an effort to maintain family contact during the pandemic period. This included the roll-out of video calls as a substitute for visits to prisons.[266] The use of digital technology is particularly important for prisoners whose families may have never been able to visit, for example foreign prisoners whose families live abroad, and those with elderly relatives.
In a snapshot survey carried out by IPRT, 71% of respondents said they had issues with using ‘alternatives forms of contact’ including video calls.[267] Reasons cited for this included both financial and technical difficulties.[268] The Irish Prison Service responded to these issues by providing information sheets and a telephone helpline for families. The Irish Prison Service has been proactive in its communications throughout the pandemic, including assurance for friends and families around local outbreaks of Covid-19, and this is welcome.
Other positive developments included the installation of phones in cells in Cork Prison. Prisoners quarantining and isolating across the estate also had access to in-cell telephones.[269]
As restrictive measures associated with Covid-19 continue to prevail, the right to family contact and a child’s direct contact with their parent in prison requires scrutiny by the Government. In the UK, arising from an inquiry into the implications for human rights of the Government’s Covid-19 response, the Joint Committee on Human Rights concluded that the right to privacy for both mothers in prison and their dependent children risks being breached.[270] The Committee recommended:
“In order to comply with Article 8 of the ECHR, they must ensure that any restriction on visiting rights is necessary and proportionate in each individual case. Children must be allowed to visit their mothers in prison on a socially distanced basis, where it is safe for them to do so.” [271]
More generally, there were no reported national policy or legislative developments to support children and families affected by imprisonment from late 2019 to early 2020.
Indicator S11.2: Regular family contact, specifically via phone calls, video conferencing and contact visits.
The table below provides a snapshot of the use of video calls by prison from 26 May 2020 to 7 July 2020 with an 87% success rate.[272] The use of video calls has expanded considerably in response to the pandemic; a total of 227 prisoner video calls took place between August 2018 and July 2019.[273]
The data shows inconsistencies across the prison estate in the use of video calls, for example, one-fifth of phone calls were unsuccessful from Wheatfield Prison and there were a disproportionately low number of scheduled calls in Mountjoy Prison, considering its large population.
In an evaluation of digital technology in prisons carried out by the Ministry of Justice in England and Wales, in-cell telephones were seen as contributing to prisoners’ relationships with families outside the prison, particularly those with young children. Prisoners reported having more privacy and time to make calls. The overarching view was that the introduction of digital technology, in particular, in-cell telephones had contributed to an improvement in the psychological well-being of prisoners.[274]
HM Inspectorate of Prisons in England and Wales has welcomed the gradual roll-out of in-cell telephone provision as well as electronic kiosks, which makes it easier for prisoners to arrange healthcare appointments, visits and make complaints.[275]
A positive development has been in-cell phone provision. The main women’s prison, Dóchas Centre, was the first prison in the country to have phones in cells to allow for continued family support throughout Covid-19.[276] Feedback to this development has been very positive.[277] In IPRT’s small-scale survey, providing in-cell telephones was rated by family members as the most helpful measure to support family contact while restrictions were imposed.[278] The importance of video visits for family members was also highlighted in IPRT’s survey.
The impact of Covid-19 restrictions has been particularly harsh for children and families of prisoners. During the initial lockdown, these restrictions were considered necessary and in the interests of public health. However, further scrutiny by Government is required to ensure that current restrictions are proportionate and meet the rights of prisoners, families, and their children. IPRT welcomes the roll-out of video calls across the prison estate and increased in-cell phone provision. These measures should be seen as additional means to strengthen family contact in the future, not as a replacement for in-person prison visits.
Action 11.1: |
The Irish Prison Service should expand in-cell phone provision across the prison estate to facilitate and strengthen family contact. |
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Action 11.2: |
The Irish Prison Service should retain virtual visits as a supplement to physical visits in future in order to promote and facilitate family contact post-pandemic. |
Action 11.3: |
Government should scrutinise the necessity and proportionality of blanket restrictions on in-person visits between children and their parents in prison through a human rights lens. |
Article 9 (3) of the Convention on the Rights of the Child, https://www.ohchr.org/en/professionalinterest/pages/crc.aspx
Irish Prison Service, Irish Prison Service Announcement on Recommencement of Physical Family Visiting, https://www.irishprisons.ie/irish-prison-service-announcement-recommencement-physical-family-prison-visiting/
Government of Ireland, Roadmap for Reopening Society and Business, https://www.gov.ie/en/press-release/e5e599- government-publishes-roadmap-to-ease-covid-19-restrictions-and-reope/#phase-3-29-june
Irish Prison Service, Irish Prison Service Announcement on Recommencement of Physical Family Visiting, https://www.irishprisons.ie/irish-prison-service-announcement-recommencement-physical-family-prison-visiting/
IPRT Survey (2020) The experiences of people with a family member in prison during Covid-19. https://www.iprt.ie/covid-19- in-prisons/i-am-worried-about-the-lasting-impact-this-will-have-the-experiences-of-people-with-a-family-member-in-prisonduring-covid-19/
Irish Prison Service, Important Notice – Physical Visits Suspended in Portlaoise and Midlands Prisons - August 7th, 2020, https://www.irishprisons.ie/important-notice-physical-visits-suspended-portlaoise-midlands-prison/
Irish Prison Service, Suspension of Physical Visits to all Prisons, 6 October 2020, https://www.irishprisons.ie/suspension-physical-visits-prisons-06-october-2020/
Houses of the Oireachtas, Prison Visiting Regulations, 16 May 2019, https://www.oireachtas.ie/en/debates/question/2019-05-16/27/
The Guardian, Mother sues MoJ over child’s lack of access to father in jails lockdown, https://www.theguardian.com/society/2020/aug/31/mother-sues-moj-over-childs-lack-of-access-to-father-in-jails-lockdown
The Irish Times, High Court challenge brought over reduction of prisoner visits due to Covid-19, https://www.irishtimes.com/ news/crime-and-law/high-court-challenge-brought-over-reduction-of-prisoner-visits-due-to-covid-19-1.4366884
Irish Prison Service, Important notice regarding the introduction of family video visits in Irish Prisons. https://www.irishprisons.ie/ wp-content/uploads/documents_pdf/Important-notice-regarding-the-introduction-of-family-video-visits-in-Irish-Prisons.pdf
IPRT Survey (2020) The experiences of people with a family member in prison during Covid-19. https://www.iprt.ie/covid-19-in-prisons/i-am-worried-about-the-lasting-impact-this-will-have-the-experiences-of-people-with-afamily-member-in-prison-during-covid-19/
Joint Committee on Human Rights, Human Rights and the Government’s response to Covid-19: children whose mothers are in prison, https://publications.parliament.uk/pa/jt5801/jtselect/jtrights/518/518.pdf
See Indicator 11.2 under PIPS Standard 11 Family Contact, https://pips.iprt.ie/progress-in-the-penal-system-pips/part-2- measuring-progress-against-the-standards/b-prison-conditions/11-family-contact/
Palmer, M., RM Hatcher & M.Tonkin (2020) Evaluation of digital technology in prisons, p.5 https://assets.publishing.service.gov. uk/government/uploads/system/uploads/attachment_data/file/899942/evaluation-digital-technology-prisons-report.PDF
HM Inspectorate of Prisons, HM Chief Inspector of Prisons for England and Wales Annual Report 2018–19, p.11 https://assets. publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/814689/hmip-annual-report-2018-19.pdf
IPRT Survey (2020) The experiences of people with a family member in prison during Covid-19. https://www.iprt.ie/covid-19- in-prisons/i-am-worried-about-the-lasting-impact-this-will-have-the-experiences-of-people-with-a-family-member-in-prisonduring-covid-19/
Every prisoner is unlocked for a minimum of 12 hours per day, including a minimum of five hours per day engaged in structured meaningful activity for five days a week.
Out-of-cell time is crucial to support the principle of normalisation. It is also of particular importance in facilitating and encouraging prisoners to partake in meaningful activity during their sentence. In England and Wales, HM Inspectorate of Prisons (HMIP) has developed a number of standards associated with out-of-cell time.[279] These include:
Out-of-cell time with access to purposeful activity is central to the rehabilitation process. In 2020, the impact of Covid-19 restrictions within prisons have meant delays for prisoners progressing in the system. Due to reduced access to activities such as school and day programmes, the rehabilitative purpose of prison has deteriorated.
In 2020, despite being identified as an action in PIPS 2019,[280] there has been no regularly published information on the out-of-cell time available to people in prison.[281] Therefore it is not possible to assess whether there has been any progress on IPRT’s target that all prisoners should be receiving 12 hours out-of-cell time. However, it was reported that, prior to the pandemic, out of cell time had decreased by 32% from 11 hours and 10 minutes to 7 hours and 35 minutes in the main female women’s prison.[282]
The impact of limited out-of-cell time on prisoners was a recurrent theme in prison visiting committee reports published in 2020 for the year 2018.[283] The Mountjoy Prison Visiting Committee Annual Report described negative impact of limited out-of-cell time on mental health, in which some prisoners on restricted regimes developed “disrupted sleeping patterns.” The Committee also reported that some prisoners declined to leave their cells for the two hours guaranteed out-of-cell time (under the Prison Rules, 2007) and “may become disoriented and confused.”[284]
Prior to the pandemic, the most recent census by the Irish Prison Service shows that almost 15% of people in prison were on a restricted regime (i.e. with less than five hours daily out of cell time).[285] As a result of the Covid-19 pandemic, the number of prisoners on restricted regime increased by 30.8% from 589 in January 2020 to 770 in April 2020.[286]
Of the 770, 201 were restricted due to Covid-19 infection control measures. This increased by a further 8% in July 2020 to a total of 833 prisoners,[287] of whom 287 were restricted due to Covid-19 infection control measures.
While IPRT acknowledges that practices such as ‘cocooning’, ‘quarantining’, and ‘isolation’ (see Standard 12, Healthcare) were for medical reasons (Rule 103 of the Prison Rules)[288], the number of people in prison impacted by limited out-of-cell time during the Covid-19 pandemic period has been immense. Journals were provided to 88 people who were cocooning across seven prisons to capture their lived experiences.[289] The journals depicted harsh prison conditions, including severely limited access to daily yard time to allow for exercise and fresh air, as described by one prisoner below:[[footnote num=2]90]
“Yesterday, we were let out to the yard at approx. 10:30am [and] today we are out at 6:30pm. That is a long time to be left in a small cell. [..] 30 hrs in cell [is] very hard to do.” [291]
Prisoners described feeling like a ‘leper’ or a ‘pariah’ because of being spoken to through a closed door. The significant value of this journalling project extends beyond cocooning, and its findings and recommendations should be applied to conditions experienced by the 15% of the prison population who were held on restricted regimes pre-pandemic.
Snapshot figures (see Indicator S16.1) during the Covid-19 pandemic demonstrate that general out- of-cell time was severely limited. Prisoners from the general population in Dóchas, Cork and Castlerea were subject to similar periods of 19-hour lock-up, while Mountjoy Prison reported 19.5-hour lock up as a standard practice, meaning just 4.5 to 5 hours out of their cell every day.[292]
Movement of prisoners around prisons was severely restricted, with impacts on out-of-cell and yard time. Prison schools were closed from March to August 2020. Prison gym facilities for prisoners remained open, albeit on a reduced schedule.
New initiatives were developed to bring education into the cell, such as education modules for an in-cell TV channel, and other resources such as quizzes and mindfulness books.[293] However, more must be done to develop modes of interactive learning in prisons. This is more important given that class sizes have had to be reduced as a result of the pandemic, meaning prisoners have reduced hours access to the schools. Prior to the pandemic, participation rates varied across the prison estate, with Arbour Hill Prison highest at 71.4%, followed by Mountjoy Prison at 35.2%, Wheatfield at 38.3% and Castlerea at 39.2% in February 2020.[294] The overall education participation rate across the prison estate was 42.4% in February 2020.
In its follow-up statement issued in July 2020, the CPT emphasised that: “Importantly, temporary restrictions imposed to contain the spread of the virus must be lifted as soon as they are no longer required.”[295] This relates, in particular, to limitations on arrangements for detained persons to contact the outside world and reductions in the range of activities available to them.
It is important that any ongoing restrictions are proportionate, medically necessary, time-limited and relaxed when it is safe to do so. To this end, it is important that any plans to unwind restrictions are implemented as soon as it is safe to do so.
Indicator: S16.1: Hours out-of-cell for all prisoners, including prisoners on a restricted regime.
IPRT requested figures on the number of people on all forms of restricted regimes for March – April 2020 at the beginning of Covid-19 restrictions. However, the Irish Prison Service only began to collate figures related to confinement status on 27 April 2020.[296]
Outlined below is an indicative list of the average out-of-cell time broken down by each closed prison during the Covid-19 restrictions (12 March 2020 to 29 June 2020).[297]
As expected, out-of-cell time was reduced for the general prison population during the pandemic. However, this data is only a snapshot depiction. The Irish Prison Service did not collate data related to the length of time people were held in confinement during the beginning of the pandemic.[298] Further oversight is needed on the lengths of time people are being held in their cells. The Office of Inspector of Prisons and Maynooth University have recommended that prisons should keep track of the extent to which exercise and meaningful human contact are given to people who are subjected to any restricted regime.[299]
The general prison population has had limited levels of out-of-cell time during 2020 as a consequence of the pandemic. While this may have been proportionate and necessary during the initial lockdown, there is limited information available to assess the out-of-cell time and access to purposeful activity for prisoners throughout the year. More transparent data is required. Continued increases in the use of restricted regimes has meant that one of the primary purposes of prison - rehabilitation - has been diminished. These types of regime must not become normalised, and reductions in out-of-cell time in response to the pandemic must be proportionate, time-limited and medically necessary.
Action 16.1: |
The Irish Prison Service should systemise the collation of data on the extent to which prisoners have access to out-of-cell time, including outdoor exercise and meaningful human contact, as part of the Census of Restricted Regimes. |
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Action 16.2: |
The Irish Prison Service and Education and Training Boards should invest in technology to ensure a continuum of access to education for all people in prisons, particularly those on a restricted regime, in order to promote and support digital literacy more widely. |
HM Inspectorate of Prisons, ‘Time out of cell’, https://www.justiceinspectorates.gov.uk/hmiprisons/our-expectations/prisonexpectations/purposeful-activity/time-out-of-cell/
IPRT, Progress in the Penal System (PIPS) 2019, Out-of-cell-time, https://pips.iprt.ie/progress-in-the-penal-system-pips/part-2- measuring-progress-against-the-standards/c-regimes/16-out-of-cell-time/
There was a considerable delay in the publication of the IPS Census of Restricted Regimes for April 2020 and July 2020 (since the beginning of the pandemic). These reports are typically published within two months, but were published November 2020. See Irish Prison Service, Census Reports, https://www.irishprisons.ie/information-centre/statistics-information/census-reports/
See Dóchas Centre Chaplain’s Report 2019, p.5 https://www.irishprisons.ie/information-centre/publications/chaplains-reports/
Department of Justice and Equality, Prison Visiting Committee Annual Reports 2018, http://www.justice.ie/en/JELR/Pages/Prison_Visiting_Committee_Annual_Reports_2018
See Mountjoy Visiting Committee Annual Report 2018, p.17 http://www.justice.ie/en/JELR/Pages/Prison_Visiting_Committee_Annual_Reports_2018
Irish Prison Service, Census of Restricted Regime Prisoners January 2020, https://www.irishprisons.ie/wp-content/uploads/documents_pdf/January-2020-Restriction.pdf
Irish Prison Service, Census of Restricted Regimes Prisoners April 2020, https://www.irishprisons.ie/information-centre/statistics-information/census-reports/
Irish Prison Service, Census of Restricted Regimes Prisoners July 2020, https://www.irishprisons.ie/information-centre/statistics-information/census-reports/
“Where a prison doctor believes there is a serious risk to the health of a prisoner and makes a recommendation in writing on medical grounds in relation to that prisoner to the Governor, the Governor shall, subject to paragraph (2), implement the recommendation as soon as may be thereafter.” See Irish Statute Book, Prison Rules, 2007, http://www.irishstatutebook.ie/eli/2007/si/252/made/en/print#article103
Office of Inspector of Prisons and Maynooth University, Ameliorating the impact of cocooning on people in custody – a briefing, p.5 https://www.oip.ie/wp-content/uploads/2020/07/Ameliorating-the-impact-of-cocooning-on-people-in-custody-a-briefing.pdf
Office of the Inspector of Prisons and Maynooth University, Ameliorating the impact of cocooning on people in custody-a briefing, p.3, https://www.oip.ie/wp-content/uploads/2020/07/Ameliorating-the-impact-of-cocooning-on-people-in-custody-abriefing.pdf
Kildare Street, Written Answers, Tuesday 14th July 2020, https://www.kildarestreet.com/wrans/?id=2020-07-14a.2592
Council of Europe (July 2020) Follow-up statement regarding the situation of persons deprived of their liberty in the context of the ongoing COVID-19 pandemic, available at: https://rm.coe.int/16809ef566
Kildare Street, Written Answers, Tuesday 14th July 2020, https://www.kildarestreet.com/wrans/?id=2020-07-14a.2592
Office of the Inspector of Prisons and Maynooth University (2020) Ameliorating the impact of cocooning on people in custody-a briefing, https://www.oip.ie/wp-content/uploads/2020/07/Ameliorating-the-impact-of-cocooning-on-people-in-custody-a-briefing.pdf
Solitary confinement is used as a last resort and only in exceptional circumstances. It is used for the shortest period possible, and for a maximum of 15 days. Reasons for and lengths of time a prisoner is held in solitary confinement must be recorded.
Solitary confinement has damaging physical and psychological effects on an individual. Medical research demonstrates that the denial of meaningful human contact can lead to ‘isolation syndrome’ with a range of symptoms including anxiety, depression, anger, self-harm and suicide. As highlighted in IPRT’s 2018 report on solitary confinement:
“the exceptional and devastating harm to prisoners’ mental health that can be caused by extended periods of isolation means the practice of holding any category of prisoner on 22- or 23-hour lock up must be abolished.” [300]
Irish Prison Service Census figures in January 2020 show that 75 people were held in solitary confinement in Irish prisons.[301] This figure compares with 40 people in the census for January 2019.[302] Of the 75 in solitary confinement in January 2020, 22% were young adults between the ages of 18–24. This is particularly concerning given the neuro-scientific evidence that brain development continues well into the mid-twenties, and the particularly damaging effects of isolation and lack of access to meaningful activity for this age group.[303]
Census figures for April and July 2020 show a dramatic increase to 127 and 273 respectively of people on a restricted regime of 22 or more hours per day.[304] However, these figures include people in quarantine and medical isolation. Therefore, the numbers being held in solitary confinement for non-medical reasons, such as protection, is not known.
Media reports in 2020 suggest that prisoners suspected of having Covid-19 have been held in conditions akin to solitary confinement during the pandemic.[305] Similarly, in a report published by the Office of Inspector of Prisons and Maynooth University, one prisoner who was cocooning described his experience thus:[306]
‘My punishment by the courts was prison, now doing my punishment cocooning is like doing my time in solitary confinement. Being punished now for having a chronic, obstructive, pulmonary disease.’
Some prisoners may hide symptoms to avoid being housed in conditions akin to solitary confinement even if only temporarily.[307] Therefore, it is important that any restricted regime imposed is distinct to that of solitary confinement. This highlights the importance of oversight in our prisons during exceptional circumstances and ensures that these circumstances do not become the norm.[308]
In July 2020, the Committee of Ministers of the Council of Europe adopted a recommendation on the revised European Prison Rules, which includes that States should set in their national legislation the maximum period for which solitary confinement may be imposed.[309]
Indicator S26.1: The number of prisoners on 22–24 hour lock up
75 people were held in solitary confinement in January 2020.[310] 127 people were on a restricted regime of 22 or more hours per day in April 2020; this included medical-related isolation.[311]
Indicator S26.2: Number of prisoners on 22 hours + lockup for 15 days or over
The Irish Prison Service has stated that the service does not collate this data.[312]
The revised European Prison Rules in 2020 provide a number of stipulations related to solitary confinement. One of the key provisions is that the maximum period in which solitary confinement may be imposed for should be set in national law.[314] This also includes that where solitary confinement has been imposed, its execution should be stopped if the prisoner’s mental or physical health has deteriorated.[315] Moreover, it should not be imposed on prisoners with mental or physical disabilities when their condition would be exacerbated by it.
While the European Prison Rules are non-binding, the Rules are referenced by the European Court of Human Rights (ECtHR) and the European Committee for the Prevention of Torture (CPT). These Rules apply across 47 Member States.[316]
The number of people in solitary confinement had increased prior to the pandemic, and numbers locked up for 22 or more hours per day has more than doubled since. Data on the lengths of time people are being held in prolonged solitary confinement of more than 15 days is neither collated nor published, which was a recommended action in PIPS 2019.[317] This information should be routinely available. The absence of this information frustrates proper prison monitoring.
Action 26.1: |
In line with the revised European Prison Rules, the maximum period for which solitary confinement may be permitted should be set out in national law. This should be no more than a maximum of 15 days.[318] |
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Action 26.2: |
Data should be routinely collected and published by the Irish Prison Service on the lengths of time that prisoners are spending in solitary confinement. [Repeated] |
Action 26.3: |
Given the developmental needs of young adults, solitary confinement should be prohibited for young adults aged 18-24. |
Irish Penal Reform Trust (2018) ‘Behind the Door’: Solitary Confinement in the Penal System, https://www.iprt.ie/site/assets/files/6439/solitary_confinement_web.pdf
Irish Prison Service, Census of Restricted Regime Prisoners January 2020, https://www.irishprisons.ie/wp-content/uploads/documents_pdf/January-2020-Restriction.pdf
Irish Prison Service, Census of Restricted Regime Prisoners January 2019, https://www.irishprisons.ie/information-centre/statistics-information/census-reports/
IPRT (2015) Turnaround Youth: Young Adults (18-24) in the Criminal Justice System, https://www.iprt.ie/site/assets/files/6357/iprt-turnaround-web-optimised.pdf
Irish Prison Service, Census Reports, https://www.irishprisons.ie/information-centre/statistics-information/census-reports/
The Irish Times, Inmates with Covid-19 symptoms kept in 24-hour lock-up, https://www.irishtimes.com/news/crime-and-law/inmates-with-covid-19-symptoms-kept-in-24-hour-lock-up-1.4236286
Office of Inspector of Prisons and Maynooth University, Ameliorating the impact of cocooning on people in custody – a briefing, p.5 https://www.oip.ie/wp-content/uploads/2020/07/Ameliorating-the-impact-of-cocooning-on-people-in-custody-a-briefing.pdf
Amend (2020) The Ethical Use of Medical Isolation-Not Solitary Confinement-to Reduce Covid-19 Transmission in correctional settings, p.3, https://amend.us/wp-content/uploads/2020/04/Medical-Isolation-vs-Solitary_Amend.pdf
The Guardian, The loss of UK prisoners’ rights is the forgotten injustice of the Covid-19 crisis, https://www.theguardian.com/commentisfree/2020/aug/08/the-loss-of-uk-prisoners-rights-is-the-forgotten-injustice-of-thecovid-19-crisis?CMP=Share_AndroidApp_Tweet
See Rule 60.6.d ‘The maximum period for which solitary confinement may be imposed shall be set in national law.” In Recommendation Rec(2006)2-rev of the Committee of Ministers to member States on the European Prison Rules, 1st July 2020, available at: https://search.coe.int/cm/Pages/result_details.aspx?ObjectId=09000016809ee581
Irish Prison Service, Census of Restricted Regime Prisoners January 2019, https://www.irishprisons.ie/information-centre/statistics-information/census-reports/
Irish Prison Service, Census Reports, https://www.irishprisons.ie/information-centre/statistics-information/census-reports/
Council of Europe, Recommendation Rec(2006)2-rev of the Committee of Ministers to member States on the European Prison Rules, https://search.coe.int/cm/Pages/result_details.aspx?ObjectId=09000016809ee581
See Rule 60.6.d Council of Europe, Recommendation Rec(2006)2-rev of the Committee of Ministers to member States on the European Prison Rules, https://search.coe.int/cm/Pages/result_details.aspx?ObjectId=09000016809ee581
Prison Insider, European Prison Rules: “progressing the conversation”, https://www.prison-insider.com/en/articles/european-prison-rules-progressing-the-conversation
Progress in the Penal System (PIPS) Solitary Confinement, see Action 26.1, https://pips.iprt.ie/progress-in-the-penal-systempips/part-2-measuring-progress-against-the-standards/e-safety-and-protection-in-irish-prisons/26-solitary-confinement
See Rule 44 of the UN Standard Minimum Rules for the Treatment of Prisoners, https://www.unodc.org/documents/justice-and-prison-reform/Nelson_Mandela_Rules-E-ebook.pdf
The healthcare needs of individual prisoners are met. Every prisoner has access to healthcare that goes beyond the ‘equivalence of care’ principle, with a full range of preventative services and continuity of healthcare from and into the community.
The right to healthcare in prison is equal to that enjoyed by the general population. This is laid out in the Mandela Rules, the Bangkok Rules, and the European Prison Rules. The healthcare needs of the prison population are in fact higher than those of the general population. These needs must be met, particularly because of the lack of autonomy prisoners face in access and choice of healthcare. Imprisonment takes away an individual’s liberty but not their right to healthcare.
In 2019, an independent prison health needs assessment was commenced[330] in line with recommendations made by the CPT[331] in 2011and 2015 on the need for a whole system review of healthcare in prisons and by the Inspector of Prisons in 2016.[332] The independent review aims to determine future health service requirements, while also considering the views of prisoners and their families. A number of prison visits as part of the assessment had taken place in February 2020.[333] However, due to Covid-19 restrictions, the project has had to be adapted. The review is expected to establish the current levels of service provision. The final report is expected to be completed by the end of 2020.[334]
The Irish Prison Service established an Emergency Response Planning Team (ERPT) with expertise in a number of areas including: operations, healthcare and infection control. The purpose of the ERPT was to prevent the spread of Covid-19 into a prison setting.[335] The IPS Executive Clinical Lead was appointed to the National Public Health Emergency Team (NPHET) Vulnerable Persons Subgroup.[336] This action demonstrates the joint approach between prison health and public health during the pandemic.
The Irish Prison Service followed guidance of the World Health Organisation and has received national and international praise for how it managed its response to Covid-19. A paper on its contract tracing system was submitted to the World Health Organisation as a model of best practice.[337] It highlighted the benefits of the collaborative approach taken by the Irish Prison Service and the Health Service Executive, which led to the rapid creation of in-prison contact tracing teams in every prison.
Records show that 212 prisoners were tested for Covid-19 between 6 April 2020 and 6 August 2020.[338] There were no confirmed cases among the prison population until the end of August 2020.[339] Following this, there were a small number of individual cases confirmed among the prison population in Dóchas, Cloverhill, and Limerick prisons and a contained outbreak in Midlands Prison.[340]
There were three health-led interventions introduced by the Irish Prison Service during the Covid-19 pandemic: cocooning, quarantine and isolation.
In line with public health guidance, the Irish Prison Service established a ‘cocooning’ regime for prisoners aged 70+ and for those who were deemed medically vulnerable to the virus. Other identified vulnerable groups of prisoners included those with: cancer, severe respiratory diseases such as severe COPD, rare diseases and pregnant women with cardiovascular diseases. Cocooned prisoners were removed from free association but could associate with each other in specific areas.
The practice of cocooning in prisons started on 25 March 2020 and ceased at the end of June 2020 (in line with the easing of public health restrictions), with the exception of a small number who were removed from this regime by early July 2020.[341] Prisoners who had been cocooning, and who were concerned about the virus, could request to be placed on a restricted regime.[342]
Approximately 3-4% of the total prison population were ‘cocooning’ on a weekly basis with the highest number of prisoners cocooning in Midlands, Dóchas, and Arbour Hill prisons. These populations are likely to have included people more vulnerable to the disease, such as the elderly, and pregnant women with cardiovascular diseases.343 At one point, the highest number of prisoners cocooning were women in the Dóchas Centre, comprising
52% of the prison population in that prison.[344] This reflects the high level of health needs among the female prison population.
Number of Prisoners ‘Cocooning’ (1 May to 3 July 2020):[345]
% of Prisoners Cocooning per week:[346]
Quarantining is the practice of placing newly committed prisoners into confinement for 14 days before being transferred into the general population. Quarantine should be used only as medically necessary, and these procedures should result in living conditions clearly distinct from those found in solitary confinement.[347] The highest numbers quarantining, as would be expected, in the committal prisons: Cloverhill, Midlands, Cork and Mountjoy.
The purpose of this measure was to reduce the risk that a new committal who might potentially be incubating the virus could spread it to the general prison population.[348] Lengths of time in quarantine were dependent on the return of tests, which at the height of the pandemic took 10-14 days. This has been reduced in line with waiting times in the community, with a turnaround time of 24 to 36 hours.[349] The table below outlines the number of people quarantining in prisons from May to July 2020:[350]
Those either cocooning or in quarantine had access to services and activities including psychological supports, phone calls, television, tuck shop and chaplaincy services. Family contact was also increased through the provision of telephone services and video visits. However, these categories of prisoners were typically served meals in their cells and had access to one hour out of cell time, either on their own or with another prisoner depending on their status. Conditions varied across the prison estate, for example, quarantined prisoners in Loughan House were issued with a mobile phone.[351]
During the initial lockdown period, prisoners who were in medical isolation were on a more restrictive regime while testing was being completed. Prisoners in medical isolation did not have access to outdoor exercise.[352]
In the weeks between May and July 2020, 0.2% to 0.8% of the prison population were isolating, with a peak in numbers self-isolating (27) in the third week of May.[353] A dedicated isolation unit was created in Cloverhill Prison for a confirmed case among the prisoner population; this unit is currently being used to accommodate symptomatic prisoners who are suspected of having Covid-19. Prisoners continue to be isolated in this unit until cleared from isolation through the Covid-19 testing process.[354]
While the practices of ‘cocooning’, ‘quarantining’ and ‘isolation’ all formed part of the prison service’s response to the serious risk that Covid-19 presents to the physical health of the prison population, the practices share similarities with general restricted regimes. Therefore, oversight of the ongoing use of these practices, including regular review and tests for proportionality, is important.
Covid-19 is likely to have resulted in increased delays in accessing external medical appointments by the prison population. In 2018, 54 external medical appointments were recorded as missed in the Midlands Prison in 2018.[355] This information came to light in an investigation report that highlighted serious concerns regarding the delayed transfer of a terminally-ill man in prison to hospital to receive urgent medical attention. Non-medical staff shortages were given as a reason for the delay in the man’s transfer to hospital. This was described as a “major failing” by the Inspector of Prisons[356], and it may have amounted to inhuman or degrading treatment.
Significant issues faced by prisoners with disabilities were identified in research publishedby IPRT in 2020, including the inaccessibility of the prison environment, as well as information and communication inaccessibility.[357] The research highlighted concerns by prisoners, staff and people working in the criminal justice system about access to the healthcare service. This included its inability to address health inequalities; limited access to specialist services such as physiotherapy; and a lack of continuity of care between prison and the community, demonstrating the need for a more joined up healthcare approach.
IPRT welcomes that in 2019, the Irish Prison Service appointed a lead person to oversee the promotion of equality and diversity in the Service.[358] The Irish Prison Service must ensure that reasonable accommodations are in place to support equal access of prisoners with disabilities to all aspects of prison life, in line with the Public Sector Duty.[359] Otherwise, the prison environment is directly contributing to a diminished standard of health among prisoners with disabilities and further exacerbating existing impairments.[360]
In 2019, a new Women’s Health Taskforce was set up by the Department of Health.[361] The taskforce aims to improve women’s health outcomes
and their experiences of healthcare. This is an opportunity to develop a continuum of healthcare from community to prison and prison back to the community. It is worth emphasising that, in the initial stages of the pandemic, the highest number of prisoners designated as ‘cocooners’ in any prison were in the main female prison, the Dóchas Centre. This is Ireland’s second smallest closed prison, and a small proportion of the women detained are aged over 50. At one point, 52% of the population in Dóchas were cocooning.[362] It has been reported that 97% of the Dóchas Centre population require prescription medication.[363] This demonstrates the high levels of healthcare needs among this group.
Indicator S12.1: Responsibility for prisoner healthcare is held by the Health Service Executive (HSE), with independent inspections by the Health Information and Quality Authority (HIQA).
Responsibility for healthcare in prisons continues to be governed by prison healthcare. There are no independent inspections carried out by the Health Information and Quality Authority.
Indicator S12.2: Publication of an annual report on prison medical services as recommended by the CPT.
There has been no annual report published on prison medical services.
Indicator S12.3: Ratio of medical staff to prisoners, including GPs and nurses[364]
The number of GPs slightly increased in February 2020 from PIPS reporting in 2019, from 12[365] to 13.6[366] Whole Time Equivalent doctors, while there was an increase in the number of Whole Time Equivalent nurses from 127.5[367] to 141.[368]
The Irish Prison Service is to be commended for keeping prisons Covid-free during the initial lockdown period of the pandemic. (See Part 1.) The prison healthcare needs assessment has commenced and is expected to be completed by the end of 2020. The ratios of medical staff to meet the needs of the prison population have improved, but are still too low to meet the healthcare needs of a population characterised by disproportionately poor health.[369]
Action 12.1: |
The prison Health Needs Assessment should be published by the end of 2020, and an action plan on its findings and recommendations developed and implemented. |
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Action 12.2: |
The Department of Justice and the Department of Health should oversee a joint strategy to provide a continuum of healthcare between prison health and public health. Transfer of responsibility for prison healthcare to the Department of Health should be considered. |
Action 12.3: |
The Irish Prison Service and Prison Healthcare should ensure that reason- able accommodations for prisoners with disabilities are provided. Prisoners with disabilities should have full access to the medical and rehabilitative supports that they had prior to entering prison and upon return to the community. |
Action 12.4: |
Healthcare interventions such as ‘cocooning’, ‘quarantining’, and ‘isolation’ should be subject to strict oversight and tested for proportionality by the Office of Inspector of Prisons. |
Kildare Street, Written answers Thursday 13 June 2019, Department of Justice and Equality, Prison Medical Service, https://www.kildarestreet.com/wrans/?id=2019-06-13a.296
CPT/Inf (2011) 3 Report to the Government of Ireland on the Visit of Ireland carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 25 January 2010 to 5 February 2010, https://rm.coe.int/1680696c98 and CPT/inf (2015) 38 Report to the Government of Ireland on the visit to Ireland carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), https://rm.coe.int/pdf%20/1680727e23
Inspector of Prisons, Healthcare in Irish Prisons Report by Judge Michael Reilly Inspector of Prisons November 2016, http://www.justice.ie/en/JELR/Healthcare_in_Irish_Prisons_Report.pdf/Files/Healthcare_in_Irish_Prisons_Report.pdf
Department of Justice, Information regarding the Justice Sector Covid-19 plans, http://www.justice.ie/en/JELR/Pages/Information_regarding_the_Justice_Sector_COVID-19_plans
Department of Health, NPHET COVID-19 Sub-Group- Vulnerable People Membership, https://www.gov.ie/en/collection/301f5e-the-national-public-health-emergency-team-nphet-subgroup-vulnerable-/#nphetcovid-19-subgroup-vulnerable-people-membership
Irish Prison Service, Irish Prison Service submits paper on best practice for Contact Tracing to World Health Organisation, https://www.irishprisons.ie/irish-prison-service-submits-best-practice-paper-world-health-organisation/ and see Clarke M, Devlin J, Conroy E, Kelly E, Sturup-Toft S. (2020) and Establishing prison-led contact tracing to prevent outbreaks of COVID-19 in prisons in Ireland, Journal of Public Health, https://academic.oup.com/jpubhealth/article/doi/10.1093/pubmed/fdaa092/5860 596?guestAccessKey=1cf37da2-ee58-452a-bccb-b72d39ac68f0
Breaking News, First prisoner tests positive for Covid-19 https://www.breakingnews.ie/ireland/first-irish-prisoner-tests-positive-for-covid-19-1014738.html
The Irish Examiner, Prison system reports second case of Covid-19, https://www.irishexaminer.com/news/arid-40039571.html, Covid-19 outbreak at Midlands Prison in Portlaoise, RTE News, https://www.rte.ie/news/coronavirus/2020/1030/1174982-covidmidlands-prison/, Irish Prison Service, Prisoner test positive for Covid-19 Limerick Prison, https://www.irishprisons.ie/prisonertest-positive-covid-19-limerick-prison/
Kildare Street, Written answers, Tuesday, 14th July 2020, Department of Justice and Equality, Prisoner Data, https://www.kildarestreet.com/wrans/?id=2020-07-14a.2592
Department of Justice, Information regarding the Justice Sector COVID-19 plans, 7th August 2020, http://www.justice.ie/en/JELR/Pages/Information_regarding_the_Justice_Sector_COVID-19_plans
The Irish Prison Service has stated that figures have not been available for the 5 June due to an update on the Prison Information Management System. See Houses of the Oireachtas, Prisoner Data, Tuesday 14 July 2020 see ‘Covid-19 Data’, https://www.oireachtas.ie/en/debates/question/2020-07-14/945/
Amend (2020), The Ethical Use of Medical Isolation-Not Solitary Confinement-to reduce Covid-19 Transmission in Correctional Settings, https://amend.us/wp-content/uploads/2020/04/Medical-Isolation-vs-Solitary_Amend.pdf
Kildare Street, Written answers, Tuesday, 14th July 2020, Department of Justice and Equality, Prisoner Data, https://www.kildarestreet.com/wrans/?id=2020-07-14a.2592
Houses of the Oireachtas, Prisoner Data, 14 July 2020, see ‘Covid-19 Data’, https://www.oireachtas.ie/en/debates/ question/2020-07-14/945/. The Irish Prison Service has stated that figures have not been available for the 5 June due to an update on the Prison Information Management System.
Houses of the Oireachtas, Prisoner Data, Tuesday 14 July 2020, https://www.oireachtas.ie/en/debates/question/2020-07-14/945
Parliamentary Question 116 in Oireachtas COVID-19 Queries for answer by 11 May 2020, http://www.justice.ie/en/JELR/Queries-for-11-May-2020.pdf/Files/Queries-for-11-May-2020.pdf
Office of the Inspector of Prisons Death in Custody Investigation Report Mr. I 2018, http://www.justice.ie/en/JELR/Pages/Office_of_the_Inspector_of%20Prisons_Death_in_Custody_Investigation_Report-Mr_I_2018
IPRT (2020) Making Rights Real for People with Disabilities in Prison, https://www.iprt.ie/site/assets/files/6565/people_with_disabilities_in_detention_-_single-pages.pdf
Section 42 of the Irish Human Rights and Equality Commission Act 2014, http://www.irishstatutebook.ie/eli/2014/act/25/section/42/enacted/en/html
IPRT (2020) Making Rights Real for People with Disabilities in Prison, https://www.iprt.ie/site/assets/files/6565/people_with_disabilities_in_detention_-_single-pages.pdf
Government of Ireland, Women’s Health Taskforce, https://www.gov.ie/en/campaigns/-womens-health/
The Irish Independent, Two prisons will spend €1.9 million for drug service, https://www.independent.ie/irish-news/crime/two-prisons-will-spend-19m-for-drug-service-39672479.html
Houses of the Oireachtas, Prison Staff, Tuesday 7th July 2020, https://www.oireachtas.ie/en/debates/question/2020-07-07/651/
Kildare Street, Written Answers Thursday 13 June 2019, Department of Justice and Equality, Prison Medical Service, https://www.kildarestreet.com/wrans/?id=2019-06-13a.296
Houses of the Oireachtas, Prison Staff, Tuesday 7th July 2020, https://www.oireachtas.ie/en/debates/question/2020-07-07/651/
Kildare Street, Written Answers Thursday 13 June 2019, Department of Justice and Equality, Prison Medical Service, https://www.kildarestreet.com/wrans/?id=2019-06-13a.296
Houses of the Oireachtas, Prison Staff, Tuesday 7th July 2020, https://www.oireachtas.ie/en/debates/question/2020-07-07/651
House of Commons, Health and Social Care Committee, Prison Health, p.10 https://publications.parliament.uk/pa/cm201719/cmselect/cmhealth/963/963.pdf
People with serious mental health issues are diverted from the prison system and receive appropriate treatment and supports in a timely manner.
It is well-established that the prison environment exacerbates mental health issues.[370] Mental illness in the context of prison must be viewed as a health issue requiring an effective and prompt health intervention, including diversion to appropriate treatment services outside prison.
Current Context:
People with mental health issues are ending up in the prison system due to a lack of access to appropriate services in the community. In 2020, the Mental Health Commission criticised an ‘almost total absence’ of community supports such as crisis houses, intensive care high support units, rehabilitation high support units and specialist rehabilitation units in each mental health area.[371]
In PIPS 2019, IPRT recommended that a high-level cross-departmental and cross-agency Task Force on Mental Health and Imprisonment should be established, with a focus on progressing short-, medium- and long-term solutions.[372] To this end, IPRT strongly welcomes the inclusion of a commitment in the Programme for Government to: Establish a high-level cross-departmental and cross-agency taskforce to consider the mental health and addiction challenges of those imprisoned and primary care support on release.[373]
The Task Force should have a particular focus on identifying and addressing gaps in legislation and community supports to support increased diversion of people with a mental health need away from the criminal justice system. It should also consider the need for additional mental health supports for the prison population, particularly given the impact of restricted regimes and Covid-19 in 2020.
A number of relevant initiatives are outlined in the new National Mental Health Policy, Sharing the Vision: A Mental Health Policy for Everyone.[374] These include: the development of the new mental health facility in Portrane; the endorsement of the New Connections[375] report, including talking therapies in prisons; and the continued work of the Prison In- Reach Court Liaison Services (PICLS).
From 2006 to 2014, 1,548 people were diverted from the criminal justice system to healthcare settings by the Prison In-Reach and Court Liaison Service (PICLS). 916 diversions were to outpatient settings, 436 related to general psychiatric hospitals and 196 were admitted to the Central Mental Hospital.[376] From 2015-2019, PICLS arranged almost one-third (47/153) of all admissions to the Central Mental Hospital and a further 191 admissions to general psychiatric hospitals.[377]
Since 2016, PICLS Cloverhill has been part of the Quality Network for Prison Mental Health Services (QNPMHS). The mental health service at Cloverhill Remand Prison has seen an increase in compliance against the QNPMHS standards of 74% to 89% over three cycles.[378] These standards relate to a number of areas including: admission and assessment, case management and treatment, referral, discharge and transfer, patient experience, environment, workforce capacity, workforce training and governance.
Both general admissions and discharges to the Central Mental Hospital have declined in recent years as demonstrated by the information below:[379]
Further analysis is needed on the reasons for this. The National Forensic Mental Health Service currently has two secure forensic beds per 100,000, this compares with 10 secure forensic beds per 100,000 by comparison with other European states.[380]
The development of Intensive Care Rehabilitation Units (ICRUs) in Ireland has been deemed as urgent: ‘in the absence of ICRUs, there will continue to be limited diversion to local services of those charged with minor offences but suffering major mental illness.[381] Provision of four ICRUs was an unfulfilled recommendation in the previous national mental health policy, A Vision for Change.[382] The new national mental health policy outlines that an Intensive Care Rehabilitation Unit (ICRU) will be built, which will have dual registration as an approved centre under the Mental Health Act and the Criminal Law Insanity Act.[383] This will accept persons found Not Guilty by Reason of Insanity who do not require the level of care provided in the Central Mental Hospital. However, the development of three other ICRUs is not contained in current capital plans.[384]
The new mental health policy also states that the profile of the mental health needs of the prison population needs to be explored to gather prevalence data on autism, intellectual disability and needs relating to addiction and dual diagnosis, stating that this would allow for a more joined-up approach by professionals in delivering care in prison settings.[385] In 2020, IPRT’s research on disabilities in prison looked at prevalence data on disability among the prison population. Some studies suggest the increasing criminalization of people with disabilities, while others point to increasing rates in which people acquire disabilities in prison settings. The research explored the experiences of access to mental health treatment, in which participants felt that there was a lack of access to psychology supports and a lack of alternatives to prison psychiatry.[386]
The second annual report on self-harm by the Irish Prison Service, published in 2020, shows that in 2018, an episode of self-harm was recorded for 4% of the prison population.[387] The rate of self-harm was 5.7 times higher among females than male prisoners. The rate of self-harm was also higher for those on remand than for sentenced prisoners (5.0 compared with 3.7 per 100). Among the sentenced prison population, 28% of self-harm incidents happened amongst those serving sentences of less than a year.
In 45.6% of cases, mental health issues were cited as a primary contributory factor; this predominantly related to the presence of mental disorders (17%) and substance misuse (16%). 32.7% of cases related to ‘environmental’ issues (e.g. accommodation issues/legal issues) and 22.1% to ‘relational’ issues (e.g. difficulties with staff and/or family). ‘Procedural’ issues such as a recent cell move, change in regime or security level were also highlighted in 24.3% of cases. This is an important point, as an evidence review of recidivism and policy responses highlights: “Procedural unfairness communicates disrespect and disregard and leads to further alienation, resistance and noncompliance.”[388]
IPRT welcomes that the Irish Prison Service has stated that the self-harm data will be used to develop a prison-specific approach with leading specialists in the field over the next year.[389]
Many have said that the crisis that comes after the Covid-19 pandemic will be that of a mental health crisis.[390] The impact of Covid-19 on the mental health of prisoners has yet to be fully understood, however, this is a key concern raised by prisoner family members.[391] During the first three months of the Covid-19 pandemic (12 March 2020 to 29 June 2020), provisional figures show there were 36 reported incidents of self-harm across the estate. Of these 33 were among the male prison population and three among the female prison population.[392]
At the outset of the pandemic, the Irish Prison Service introduced measures to support the mental health needs of prisoners in the absence of face-to-face psychology supports. This included tele-psychology, which consisted of 20-minute telephone sessions. A national telephone line was also established to allow prisoners access to some services.[393] A total of 550 referrals were received from tele-psychology between 12 March 2020 and 30 June 2020. A total of 891 calls were made to the national helpline to contact chaplaincy, IASIO, psychology or psychiatry services between 11 April and 30 June, of which 135 were made to prison psychology services.[394] There were 180 prisoners seen in a mental health clinic in March 2020, 172 in April 2020 and 203 in May 2020.[395]
In an analysis of journals of cocooning prisoners, a key conclusion by the Office of the Inspector of Prisons and Maynooth University was:
“We need to learn from these perceptions of feeling disadvantaged and punished, and consider how best to alleviate these feelings and prepare, if measures are needed again later, to limit the impact on mental health...”[396]
The Office of the Inspector of Prisons and Maynooth University also called for shorter- and longer-term plans to support all people in custody and staff, as prisons and the country as a whole transition to a ‘new normal’ – considering that, for some, reduced restrictions may heighten their anxiety.[397] Penal Reform International (2020) have also highlighted the need for mental health plans to be put in place:
“Prison administrations should continue to facilitate mental healthcare provision and undertake specific efforts to mitigate negative mental health impacts of COVID-19 measures, including by working with community-based services. Mental health crisis plans, and longer-term mental health provision needs to be prioritised as restrictions ease. Plans should be developed by healthcare staff and developed together with people detained and staff.”[398]
In 2019, there were 118 diversions by the Prison In-Reach and Court Liaison Service from Cloverhill to community treatment. Of this number, 49 were community admissions, 59 were community outpatient diversions, and 10 were admissions to the Central Mental Hospital.[399] This compares with 106 diversions in 2018 of which 40 were community admissions, 56 were community outpatient diversions and 10 were admissions to the Central Mental Hospital.
There continues to be people with severe mental illness in prison awaiting transfer to the Central Mental Hospital. From July 2019 to July 2020, the lowest number on the waiting list was 20 and the highest number was 33.[400]
PIPS 2019 reported a ratio of 1:251 psychologists to prisoners, this ratio was recorded as 1:205 on 31 December 2019.[401] If all sanctioned posts were filled, the ratio would have been 1:203.[402] However, the gap widened again in 2020 with the ratio of filled sanctioned posts at 1:256 in June 2020.[403] This is far from the target ratio of 1:150 recommended in 2015.[404]
Progressive Practice: Introduction of a Sentencing Guideline when sentencing offenders with mental disorders, developmental disorders, or neurological impairments.[405]
As of 1st October 2020, the Sentencing Council in England and Wales introduced a sentencing guideline to apply when sentencing offenders who, at the time of the offence and/or at the time of sentencing, had a mental disorder.
The guideline states that where an offender has an impairment or disorder it should always be considered by the court. In deciding upon whether the impairment or disorder has any impact on sentencing, the approach to sentencing should be individualistic. The guideline sets out what sentencers should consider in sentencing:
The guideline also notes the importance of considering relevant cultural, ethnicity and gender considerations of offenders within a mental health context.
Where the offender is or appears to be mentally disordered at the date of sentencing, the court must obtain and consider a medical report before passing a custodial sentence. Where a custodial sentence is passed, the court should forward the relevant reports to prison authorities along with other information relevant to the offender’s physical and mental health.
The main classes of mental health disorders covered under this guideline include psychotic illnesses, such as schizophrenia and bi-polar disorder and non-psychotic illness such as post- traumatic stress disorder and developmental disorders such as intellectual disability, autism, and dementia. Personality disorder is also included in the list of common disorders likely to be relevant in court. While personality disorder affects between 4-11% of the general population, personality disorders are much more prevalent among the prison population, affecting approximately 60-70% of the prison population.[406] This is currently not considered in mental health legislation in Ireland.[407]
IPRT welcomes action on a specific PIPS 2019 recommendation to establish a cross-agency Task Force to address mental health, addiction and imprisonment, as included in the Programme for Government. This joined up approach is required to address current gaps. IPRT welcomes policy commitments to address the mental health needs of the prison population in the new mental health policy, Sharing the Vision.
However, the ratio of psychologists to prisoners needs to be further narrowed, and waiting lists persist for the transfer of severely mentally ill people to the Central Mental Hospital, and transfer to a local mental health service. Concerted action needs to be taken on diversion of people with an acute mental health need away from the criminal justice system. This may require changes to mental health law and increased community based mental health supports. These should be addressed as part of the work of the Taskforce.
Action 13.1: |
The new Task Force on mental health, addictions and imprisonment should be progressed with urgency. Its programme of work should include a review of gaps in mental health law, including an examination of the classification of personality disorders. It should also identify clear diversion pathways for people with an acute mental health need to access an appropriate service. |
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Action 13.2: |
The Irish Prison Service should publish data on the number of people awaiting transfer to the Central Mental Hospital and the lengths of time awaiting transfer. [Repeated] |
Action 13.3: |
All prisoners experiencing mental health difficulties should be offered a range of appropriate non-psychiatric responses (including access to psychology, counselling, social care and survivor-led peer support). |
See Standard 13: Mental Healthcare in Progress in the Penal System (PIPS) (2019), https://pips.iprt.ie/progress-in-the-penalsystem-pips/part-2-measuring-progress-against-the-standards/b-prison-conditions/13-mental-healthcare/
Mental Health Commission (2020) Access to Acute Mental Health Beds in Ireland, A discussion paper analysing bed availability for adults, including international comparisons, https://www.mhcirl.ie/File/Acutebeds_report_Feb2020.pdf
Irish Penal Reform Trust, 5 Key Recommendations for the Programme for Government 2020+, https://www.iprt.ie/site/assets/ files/6649/irish_penal_reform_trust_key_recommendations_for_programme_for_government_2020.pdf
The Green Party, Programme for Government - Our Shared Future, https://www.greenparty.ie/wp-content/uploads/2020/06/ProgrammeforGovernment_June2020_Final.pdf
Government of Ireland, Sharing the Vision, A Mental Health Policy for Everyone, https://www.gov.ie/en/publication/2e46f-sharing-the-vision-a-mental-health-policy-for-everyone/
Report Commissioned by Irish Prison Service, “New Connections” Embedding Psychology Services and Practice in the Irish Prison Service, http://www.irishprisons.ie/wp-content/uploads/documents_pdf/porporino_report.pdf
Georgiou M. & K. Townsend (2019) Quality Network for Prison Mental Health Services: reviewing the quality of mental health provision in prisons, The Journal of Forensic Psychiatry and Psychology, https://www.tandfonline.com/doi/full/10.1080/14789949.2019.1637918
Gulati G & B.D Kelly (2018) Diversion of Mentally Ill Offenders from the Criminal Justice System in Ireland: Comparison with England and Wales. http://imj.ie/diversion-of-mentally-ill-offenders-from-the-criminal-justice-system-in-ireland-comparisonwith-england-and-wales/
Government Publications Office, A Vision for Change Report of the Expert Group on Mental Health Policy, https://www.hse.ie/eng/services/publications/mentalhealth/mental-health---a-vision-for-change.pdf
Government of Ireland, Sharing the Vision, A Mental Health Policy for Everyone, p.51 https://www.gov.ie/en/publication/2e46f-sharing-the-vision-a-mental-health-policy-for-everyone/
The Irish Examiner, Support units for new Central Mental Hospital not on capital works plan, https://www.irishexaminer.com/news/arid-40030409.html
Government of Ireland, Sharing the Vision, A Mental Health Policy for Everyone, p.51 https://www.gov.ie/en/publication/2e46f-sharing-the-vision-a-mental-health-policy-for-everyone/
IPRT (2020) Making Rights Real for People with Disabilities in Prison, https://www.iprt.ie/site/assets/files/6565/people_with_disabilities_in_detention_-_single-pages.pdf
Irish Prison Service (2020), Self-Harm in Irish Prisons 2018, Second report from the Self-Harm Assessment and Data Analysis (SADA) Project https://www.irishprisons.ie/wp-content/uploads/documents_pdf/Self-harm-in-Irish-Prisons-2018-Second-reportfrom-the-SADA-Project.pdf
O’ Donnell I (2020) An Evidence Review of Recidivism and Policy Responses, p.10 http://www.justice.ie/en/JELR/Pages/An_Evidence_Review_of_Recidivism_and_Policy_Responses
Irish Prison Service, Briefing Note – Publication of 2nd SADA Project Report Self Harm in Irish Prisons 2018, https://www.irishprisons.ie/wp-content/uploads/documents_pdf/Press-Release-SADA-2018-Report.pdf
Effects of the COVID-19 pandemic on the mental health of prisoners, The Lancet, https://www.thelancet.com/pdfs/journals/lanpsy/PIIS2215-0366(20)30241-8.pdf
IPRT survey on the impact of Covid-19 restrictions on families of prisoners., https://www.iprt.ie/covid-19-in-prisons/i-amworried-about-the-lasting-impact-this-will-have-the-experiences-of-people-with-a-family-member-in-prison-during-covid-19/
Kildare Street, Prisoner Data, Tuesday 14th July 2020, https://www.kildarestreet.com/wrans/?id=2020-07-14a.2592
Office of Inspector of Prisons and Maynooth University, Ameliorating the impact of cocooning on people in custody – a briefing, p.4 https://www.oip.ie/wp-content/uploads/2020/07/Ameliorating-the-impact-of-cocooning-on-people-in-custody-a-briefing.pdf
Office of Inspector of Prisons and Maynooth University, Ameliorating the impact of cocooning on people in custody – a briefing, p.5 https://www.oip.ie/wp-content/uploads/2020/07/Ameliorating-the-impact-of-cocooning-on-people-in-custody-a-briefing.pdf
Penal Reform International (2020) Coronavirus Preventing harm and human rights violations in criminal justice systems, https://cdn.penalreform.org/wp-content/uploads/2020/07/Coronavirus-briefing-July-2020.pdf
Report Commissioned by Irish Prison Service, “New Connections” Embedding Psychology Services and Practice in the Irish Prison Service, p.25 http://www.irishprisons.ie/wp-content/uploads/documents_pdf/porporino_report.pdf
Sentencing Council, Sentencing offenders with mental disorders, developmental disorders, or neurological impairments - Effective from 1 October 2020, https://www.sentencingcouncil.org.uk/overarching-guides/magistrates-court/item/sentencingoffenders-with-mental-disorders-developmental-disorders-or-neurological-impairments/
Presentation by Dr. Maggie McGovern at the National Disability Authority Conference 2020 Facilitating the effective and equal participation of persons with disabilities in the Irish criminal justice system (Article 13 UNCRPD) on 21st October 2020, http://nda.ie/Policy-and-research/Conference-reports/NDA-Annual-Conferences/NDA-Conference-2020-Presentations.html
Section 8 of the Mental Health Act 2001, http://www.irishstatutebook.ie/eli/2001/act/25/enacted/en/print#sec3
Prisoners have access to a robust and effective complaints mechanism. All complaints are dealt with in a timely manner with the outcome of decisions clearly communicated to the prisoner with a satisfactory resolution if the complaint is upheld.
Having access to a robust and effective complaints mechanism is of particular importance for individuals detained in closed institutions in order to protect against human rights violations. A number of potential barriers to prisoners making complaints have been identified, including: the absence of an effective complaints system; the slow nature of complaints procedures and response mechanisms; feelings that the problems faced in prison are inevitable; distrust in the complaints system; feelings of shame; fear of reprisal; and absence of legal safeguards.[421]
The Committee for the Prevention of Torture (CPT) outlines the basic principles of an effective complaints mechanism as follows: availability, accessibility, confidentiality/safety, effectiveness and traceability.[422] It is important that the prison complaints system meets these principles.
The introduction of a revised prison complaints system in the Irish prison system is overdue. The Irish Prison Service did not meet its own timeline for the introduction of an internal complaints system by the third quarter of 2019.[423] However, measures introduced since reporting on this area in PIPS 2019 include: the establishment of a new Complaints Unit, staff training, and amendments to the Prison Rules, 2007 which are currently being finalised with the expected roll out of the new complaints system before a new timeline of end 2020.[424]
In 2019, there was a 25% decrease in the number of ‘Category A’[425] complaints from 80 in 2018[426] to 60 in 2019.[427] Category A complaints are the most serious form of complaints and are investigated by persons outside the Irish Prison Service.[428] However, a decrease in the number of complaints in a closed setting cannot be assumed to be a positive indicator[429], given the lack of faith and confidence in the complaints system highlighted in various reports.[430] For example, in a chaplaincy report for the Dóchas Centre, it was reported that:
“In most cases, the women involved did not feel safe to make complaints in writing to the governor for fear of further penalisation from the staff involved.”[431]
The CPT outlines the importance of the establishment of a national system for compiling statistics on complaints and outcomes.[432] This would identify trends and inform future policies aimed at improving the functioning of the complaints system. At the time of writing, information related to all other categories of complaints made by prisoners was not made available.
Prison Visiting Committees have a role in hearing individual complaints from prisoners,[433] and if requested, hear these complaints in private.[434] They have a role in seeking informal resolutions, however they do not have the power to formally resolve prisoners’ complaints.[435] There is no information available on how prison visiting committees in Ireland met their duties during the Covid-19 lockdown (13 March 2020 to 29 June 2020). By contrast, Independent Monitoring Boards (the equivalent to Prison Visiting Committees) in the UK published information on alternative remote working arrangements due to the pandemic.[436]
Indicator S22.1:Data on the number of internal complaints, in particular ‘Category A’ complaints (upheld, resolved and dismissed), including the length of time it takes to complete and communicate outcomes of a decision to a prisoner
In 2019 only 5% of Category A complaints were upheld. This equates to a similar number of Category A complaints upheld in 2018.[437]
While 55% of Category A complaints were resolved within 3-6 months in 2019, none were resolved within less than three months, and 43% were classified as ‘outstanding investigations’. 87% of Category A complaints in 2020 were categorised as ‘outstanding investigations’. This delay is attributed to the non-facilitation of investigators accessing the prison in March 2020 during the Covid-19 pandemic.[438] Investigators were reported to have resumed their work in prison in early July 2020.
A confidential hotline was set up by the Independent Monitoring Boards (IMB) in response to Covid-19 restrictions. Similar in function to visiting committees in Ireland, IMBs monitor prisons in England. The hotline was an additional way for prisoners to get in touch and make a complaint, known as ‘applications’, during the Covid-19 pandemic. Prisoners across 13 prisons were able to call from their cell or a communal phone. Lines were open from 7am to 7pm for seven days a week with a backup voicemail service. Calls were confidential and not recorded by the prison service.
Between the launch in April and early August 2020, over 3,080 calls were received; this resulted in 1,200 prisoner applications being sent to and followed up by monitoring boards at a local level.
By August, the scheme had been rolled out to over 60 prisons. Healthcare (physical, mental and social care) was the biggest issue raised by prisoners.[440]
By contrast, data on individual complaints is not published by prison visiting committees in Ireland.
While there have been some positive changes to the operation of the internal complaints system by the Irish Prison Service, the timeline for the introduction of a new internal complaints system has not been met. Access to a robust internal complaints mechanism is a critical safeguard for the protection of human rights of prisoners at all times but especially during a pandemic, when prisoners have reduced access to regimes and there are fewer external eyes on prisons. New and innovative ways of ensuring confidential access to a trusted complaints system must be delivered to ensure timely, impartial and fair investigations of complaints in the prison system.
Action 22.1: |
The Irish Prison Service should publish the new internal complaints policy by the end of 2020. |
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Action 22.2: |
The Irish Prison Service should introduce a national system for compiling statistics on complaints, relevant proceedings and outcomes in line with a recommendation made by the CPT.[441] |
Action 22.3: |
Prison visiting committees should introduce innovative ways to meet their duty to hear prisoner complaints in private, such as a confidential phone line, and track and publish information on the issues raised by prisoners. |
Penal Reform International and Office for Democratic Institutions and Human Rights (2018), Guidance Document on the Nelson Mandela Rules, Point 136, p. 32, https://www.penalreform.org/resource/guidance-document-on-the-nelson-mandela-rules/
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, Complaints Mechanism, https://rm.coe.int/16807bc668
Department of Justice & Equality, Parliamentary Questions, http://www.justice.ie/en/JELR/Pages/PQ-30-01-2019-148
Houses of the Oireachtas, Prisoners Complaints Procedures, 30th June 2020, https://www.oireachtas.ie/en/debates/question/2020-06-30/317/
Category A complaints are the most serious type of complaints. Category A complaints are those “alleging assault or use of excessive force against a prisoner, or ill-treatment, racial abuse, discrimination, intimidation, threats or any other conduct against a prisoner of a nature and gravity likely to bring discredit to the Irish Prison Service.” See Irish Prison Service, Complaints Categories, http://www.irishprisons.ie/wp-content/uploads/documents_pdf/complaints_cat_poster.pdf
Houses of the Oireachtas, Prisoner Complaints Procedures, 18 June 2019, https://www.oireachtas.ie/en/debates/question/2019-06-18/233/
Houses of the Oireachtas, Prisoner Complaints Procedures, 30 June 2020, https://www.oireachtas.ie/en/debates/question/2020-06-30/317/
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment (CPT), Complaints Mechanisms, paragraph 91 https://rm.coe.int/16807bc668
See Inspector of Prisons (2016) Review, Evaluation and Analysis of the Operation of the present Irish Prison Service Prisoner Complaints Procedure By Judge Michael O’Reilly Inspector of Prisons 2016, http://www.justice.ie/en/JELR/Review,%20 Evaluation%20and%20Analysis%20of%20the%20Operation%20of%20the%20IPS%20Prisoner%20Complaints%20Procedure.pdf/Files/Review,%20Evaluation%20and%20Analysis%20of%20the%20Operation%20of%20the%20IPS%20Prisoner%20 Complaints%20Procedure.pdf
See Dóchas Centre Chaplain’s Report 2019, p.8 https://www.irishprisons.ie/information-centre/publications/chaplains-reports/
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, Complaints Mechanism, https://rm.coe.int/16807bc668
Rule 56 of Prison Rules, 2007 http://www.irishstatutebook.ie/eli/2007/si/252/made/en/print#article56
See section 3 1(a) Prison Visiting Committees Act, 1925, http://www.irishstatutebook.ie/eli/1925/act/11/enacted/en/print
Independent Monitoring Boards, Board reporting during Covid-19, https://www.imb.org.uk/
Houses of the Oireachtas, Prisoners Complaints Procedures, 30th June 2020, https://www.oireachtas.ie/en/debates/question/2020-06-30/317/
Independent Monitoring Boards, Independent monitors launch new hotline for prisoners to report concerns during pandemic, https://www.imb.org.uk/independent-monitors-launch-new-hotline-for-prisoners-to-report-concerns-during-pandemic/
Independent Monitoring Boards, IMB National Annual Report 2019/2020, p.38 https://s3-eu-west-2.amazonaws.com/imb-prodstorage-1ocod6bqky0vo/uploads/2020/10/IMB-national-annual-report-201920-amended-FINAL-.pdf
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), Complaints Mechanisms, https://rm.coe.int/16807bc668
Prisoners have access to an external independent complaints and appeal mechanism, including access to a prisoner ombudsman or equivalent.
As prisoners are detained in a closed environment, they are at increased risk of having their human rights violated. Prisoners’ confidence in the complaints system is promoted by the existence of an external independent complaints and appeals mechanism.
Prisoners in Ireland still have no access to a fully independent complaints and appeals mechanism. The Office of the Ombudsman’s jurisdiction is expected to be extended to prisons. However, the new internal prison complaints system must be implemented prior to the authorisation of the extension of the Office of the Ombudsman’s remit to prisons by the Department of Public Expenditure and Reform.[442] This is now expected to occur 12 months after the introduction of the Irish Prison Service internal prisoner complaints system, which would be end 2021.[443]
During 2019, officials from the Office of the Ombudsman accompanied staff from the Irish Prison Service on visits to the Northern Ireland Prison Service and the Prisoner Ombudsman for Northern Ireland. It is of note that the Northern Ireland Prisoner Ombudsman in 2018-2019 received 408 individual complaints, an increase of 74% from 2017–2018.[444]
Indicator S23.1: Prisoners’ access to an independent external complaints mechanism.
Prisoners still have no access to a fully independent, external complaints mechanism.
It was recommended that prisoners have access to the Ombudsman as far back as the Whitaker Report in 1985.[445] More recently, in 2016, the Minister for Justice accepted the Inspector of Prisons’ recommendation that the Ombudsman have a role in prisoner complaints.[446] The current expected timeline is end 2021. This is a disappointing delay in implementation of a fundamental safeguard in the protection and promotion of human rights.
Action 23.1: |
The Department of Public Expenditure and Reform should ensure the Office of the Ombudsman is resourced to receive complaints appeals from prisoners. |
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Office of the Ombudsman, Annual Report 2019, p.15 https://www.ombudsman.ie/publications/annual-reports/Ombudsman-AR-2019-ENG-WEB.pdf
The Irish Examiner, Prison role is delayed for a year, https://www.pressreader.com/ireland/irish-examiner-saturday/20201107/281917365598857
The Prisoner Ombudsman for Northern Ireland, Annual Report 2018-2019, https://niprisonerombudsman.gov.uk/publications/annual-reports
Department of Justice and Equality, Tánaiste accepts recommendation to give Ombudsman a role in prison complaints, http://justice.ie/en/JELR/Pages/PR16000125
Structures are in place for the regular inspection and monitoring of prisons. Inspection reports are made publicly available within a clear timeframe.
Monitoring and inspection of places of detention is central to the protection of human rights. In order to prevent human rights abuses occurring in prisons, regular independent monitoring and inspections are crucial to increasing levels of accountability and transparency within the prison system.
Inspection and monitoring is vital to the protection of human rights of prisoners. A number of factors can increase the vulnerability to breaches in human rights of people held in a prison environment:
“The protection of human rights in prison gives rise to unique challenges. The power differentials and dynamics involved, the need to balance considerations of security with those of dignity, and the lack of openness to the outside world mean that the implementation of human rights principles takes on a particular importance in these environments. International human rights law has increasingly emphasized the importance of external oversight of prisons as a way to prevent torture and ill-treatment and to uphold fundamental rights more generally.”[447]
New research by Prisons: the Rule of Law, Accountability and Rights (PRILA) has found evidence of a lack of awareness and deficit of trust among the prison population in Ireland towards prison monitoring.[448] Qualitative research conducted in three prisons found that prisoners were largely unaware of the Inspector of Prisons. Despite this, prisoners viewed the concept of monitoring as a good way to protect rights. The visibility of monitors, clarity in their roles and powers, and ensuring that a variety of voices are heard by monitoring bodies are important elements of a good system of prison oversight.[449] Key aspects of good prison monitoring as perceived by prisoners included: access (to all parts of the prison including the yard or landing), visibility, and confidentiality – particularly in the context of making a complaint. Key recommendations from the research are:
The State has failed to ratify the OPCAT and there has been no establishment of a National Preventive Mechanism. Almost all EU Member States have signed and ratified the OPCAT with the exception of Ireland, Belgium and Slovakia who have signed but not ratified, and Latvia.[450] For the third year in a row, the Department of Justice and Equality has stated that the General Scheme of the legislation required is expected to be ready for formal drafting before the end of the year.[451]
The 2020 Programme for Government commits to the ratification and implementation of OPCAT within 18 months of the formation of government. This is welcome. However, if Ireland had ratified OPCAT prior to the pandemic, it may have supported stronger oversight during the Covid-19 pandemic for all people deprived of their liberty. In New Zealand, for example, the work of the Chief Ombudsman was described by the Secretary of Justice as an ‘essential service’ during Covid-19. A report on prisons and recommendations by the Ombudsman were accepted by the Ministry for Justice in New Zealand,[452] and a Statement of Principles was created by the Ombudsman to guide staff in managing the Covid-19 crisis.[453]
IPRT welcomes the additional resourcing of the Office of the Inspector of Prisons in 2020, including recruitment of three additional positions: a Data Analyst, Inspector and Senior Inspector.[454] The Office launched its new Framework for the Inspection of Prisons in Ireland in September 2020.[455] IPRT welcomes the framework, which is informed by international human rights standards. There are five focus areas of inspection including: safety and security, respect and dignity, health and wellbeing, rehabilitation and development, and resettlement. In particular, IPRT welcomes the Office’s commitment to engage with both prisoners and staff through surveys and interviews.[456] This is particularly important given the findings of the PRILA research.
During the Covid-19 pandemic, the Inspector of Prisons continued visiting prisons. All prisons received a one-day visit with specific emphasis on out-of-cell time and provision of meaningful contact.[457] However, the complete absence of published inspection reports means the public has very little knowledge of how prisons have operated during the pandemic. This was an issue prior to the pandemic. The last prison inspection report was published in 2017.[458] Since 2008, there has been no published prison inspection report of Cloverhill, Cork, Midlands, Portlaoise or Wheatfield prisons.[459]
In addition, no annual report for 2019 has been submitted despite the requirement in laws that the Inspector should submit a report by 31 March.[460]
There has been no change to the structure of prison visiting committees in Ireland. IPRT welcomes a commitment in the Programme for Government to: “Review the existing functions, powers, appointment procedures and reporting processes for prison visiting committees.”[461] (For more on the role of prison visiting committees in the complaints process, see Standard 22.)
The Minister for Justice published annual prison visiting committee reports for 2018 on 25 May 2020.[462] When the publication of reports is substantially delayed, it renders the reports as less relevant as they do not reflect the current daily life of people in prisons in Ireland.
Ireland has yet to ratify OPCAT and establish an NPM, and is one of the last four EU Member States to do so.[463]
There have been no prison inspection reports published over the last 12 months.
There has been no reform in this area, however there is a commitment to reforming Prison Visiting Committees contained in the 2020 Programme for Government.
Short Scrutiny Visits by HM Inspectorate of Prisons in England and Wales were undertaken and published during the Covid-19 pandemic. These reports were published in a timely manner and provided a description of the harsh conditions prisoners were exposed to. Prisoners were held in their cells for 22.5 hours for a three-month period. The Inspectorates found staff punishing behaviour by withdrawing an individual’s access to a shower for a day or more. The report also found that there was little evidence of the relaxation of restricted regimes in tandem with the community and highlighted:
“There was an obvious need to engage prisoners once again in some meaningful activity out of their cells. So far there has been a degree of understanding and goodwill on the part of most prisoners, but there is growing evidence that this is now being severely tested.”[464]
The findings and publication of these reports are particularly important to ensure oversight of prison systems during a pandemic.
Independent Monitoring Boards (IMB), England
During the Covid-19 pandemic, IMBs continued to operate, albeit remotely and through a Freephone line. A key issue raised in the 2019/2020 annual report published during Covid-19 was healthcare, specifically the inability to access treatment and medication. As highlighted in the report itself:
“The importance of independent monitoring during such exceptional times was shown when boards’ monitoring or the freephone applications line revealed unpublicised or questionable practices.”[465]
These monitoring reports also allowed for further insight into prison conditions in England and Wales, and highlighted:
“Moving from a culture of containment back towards one of rehabilitation and purposeful activity, and ensuring prisoners’ wellbeing while continuing to control infection, will be both essential and demanding. Boards will continue to monitor this closely, both in terms of the pace and the direction of travel.”[466]
This is particularly important given the evolving situation and state of uncertainty that Covid-19 has brought.
There has been no significant change to prison oversight and inspection over 2019/2020, with no inspection reports published. While additional resourcing of the Office of the Inspector of Prisons; the publications of the Framework for Inspection of Prisons; and commitments to reform prison visiting committees, and ratification of OPCAT in the Programme for Government are all welcome, the lack of inspection and oversight leaves the human rights of people in our prison system highly exposed. This is especially acute during a time of a national and global emergency. Only through a rigorous inspection and monitoring regime, along with an independent complaints mechanism, can the rights of people in prison be safeguarded. Where prisoners have no access to independent redress, this fundamentally weakens access to their rights, undermines trust and creates tension within the prison.
Action 24.1: |
Government must meet its stated timeline and ratify OPCAT by end 2021. |
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Action 24.2: |
Legislators should strengthen the powers of the Office of the Inspector of Prisons to publish inspection reports directly, and remove the powers of redaction of prison inspection reports from the Minister for Justice. |
Action 24.3: |
Inspection and monitoring reports during the Covid-19 pandemic should be compiled by the Office of Inspector of Prisons and by prison visiting committees and and published by the Minister for Justice within one month of submission. |
Action 24.4: |
The Department of Justice should commence consultations on the reformation of prison visiting committees. |
United Nations Human Rights Office of the High Commissioner, Status of Ratification Interactive Dashboard, https://indicators.ohchr.org/
Kildare Street, Written answers Wednesday, 13 May 2020, Department of Justice and Equality, UN Conventions, https://www.kildarestreet.com/wrans/?id=2020-05-13a.1047
Office of the Ombudsman, OPCAT COVID-19 report, Report on inspections of prisons under the Crimes of Torture Act 1989, https://www.ombudsman.parliament.nz/sites/default/files/2020-06/Report_on_inspections_of_prisons_under_the_Crimes_of_ Torture_Act_1989_062020.pdf
International Ombudsman Institute, NEW ZEALAND | OPCAT inspections and visits during COVID-19 pandemic – statement of principles, https://www.theioi.org/ioi-news/current-news/opcat-inspections-and-visits-during-covid-19-pandemic-statement-of-principles
Office of the Inspector of Prisons, Announcement and News, https://www.oip.ie/announcements-and-news/
Office of the Inspector of Prisons (2020) A Framework for the Inspection of Prisons in Ireland, https://www.oip.ie/wp-content/uploads/2020/09/OIP-Inspection-Framework-Single.pdf
COVID-19 Law and Human Rights Observatory Blog (8 June 2020), Ask an Expert: Monitoring of Prisons during the COVID-19 pandemic, with Patricia Gilheaney, Inspector of Prisons, Ireland https://tcdlaw.blogspot.com/2020/06/ask-expert-monitoring-of-prisons-during.html
Office of the Inspector of Prisons, Inspection of Prison Reports, https://www.oip.ie/inspection-of-prisons-reports/
Kildare Street, Written answers Tuesday 20 October 2020, Department of Justice and Equality, Inspector of Prisons, https://www.kildarestreet.com/wrans/?id=2020-10-20a.1385
The Green Party, Programme for Government - Our Shared Future, https://www.greenparty.ie/wp-content/uploads/2020/06/ProgrammeforGovernment_June2020_Final.pdf
IPRT, Reform of Prison Visiting Committees is urgently needed, https://www.iprt.ie/latest-news/reform-of-prison-visiting-committees-is-urgently-needed/
United Nations Human Rights Office of the High Commissioner, Status of Ratification Interactive Dashboard, https://indicators.ohchr.org/
HM Inspectorate of Prisons, Report on short scrutiny visits to Local prisons by HM Chief Inspector of Prisons, p.8 https://www.justiceinspectorates.gov.uk/hmiprisons/media/press-releases/2020/07/mens-local-prisons-during-covid-19-prisoners-understanding-of-regime-restrictions-severely-tested/
Independent Monitoring Board, IMB National Annual Report 2019-2020 p.33 https://www.imb.org.uk/prisons-remained-tightly-stretched-pre-covid-says-independent-national-monitoring-report-2019-20/
Standard | Theme | Assessment | Rationale |
---|---|---|---|
S1 | Progressive penal policy | Progress | Several penal reform commitments are included in the Programme for Government. The Department of Justice published evidence-based reviews and facilitated open consultations on various strategies. PIPS standards informed the Framework for the Inspection of Prisons in Ireland. |
S2 | Imprisonment as a last resort | Mixed | The annual trend of sending people to prison for short sentences continued in 2019. |
S10 (Updated) | Pre-trial detention as an exceptional measure | Regress | The remand population has increased by 21% since 2017. |
Standard | Theme | Assessment | Rationale |
---|---|---|---|
S9 | Single cell accommodation | Regress | Before the pandemic, additional bed capacity was created in three prisons in Ireland. |
S11 | Family contact | Mixed |
The roll-out of video calls nationally and in-cell phone provision in some parts of the prison estate are welcome innovations. Children and families had little or no in-person visits with their family member in prison due to public health restrictions. |
S16 |
Out of cell time |
Regress | Out-of-cell time was significantly reduced for the prison population due to the Covid-19 restrictions. The general prison population also had reduced daily out-of-cell time, averaging six hours. |
S26 | Solitary Confinement | Regress |
Based on Census figures, solitary confinement increased from 40 in January 2019 to 75 in January 2020. One hundred twenty-seven people were on a restricted regime of 22 or more hours per day in April 2020; this number includes medical-related isolation. |
Standard | Theme | Assessment | Rationale |
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S12 | Healthcare | Progress |
The Irish Prison Service must be commended for keeping Covid-19 out of prisons during the initial lockdown. The prison health needs assessment is significant for informing long-term healthcare policy in Irish prisons. |
S13 | Mental healthcare | Mixed |
The establishment of a Taskforce between the Department of Health and the Department of Justice to address the prison population’s mental health and addiction needs is welcome. There continues to be a similar number of prisoners awaiting transfer to the Central Mental Hospital (CMH) as there was in 2019. |
Standard | Theme | Assessment | Rationale |
---|---|---|---|
S22 | Complaints system | No change | While the Irish Prison Service has made changes to the internal complaints system, it has not met its implementation timeline. |
S23 | Independent complaints and appeal mechanism | No change | Prisoners still have no access to an independent complaints and appeals mechanism. |
S24 | Inspections & monitoring | Mixed |
Some positive developments include additional resourcing of the Office of the Inspector of Prisons, the publication of the Framework for the Inspection of Prisons in Ireland, and commitments in the Programme for Government to ratify the Optional Protocol to the Convention against Torture (OPCAT) and reform prison visiting committees. The absence of published inspection and monitoring reports is acute during a time of a national and global emergency. |