Deirdre Malone is Executive Director of the Irish Penal Reform Trust.
“It is said that no one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones.” – Nelson Mandela
IPRT is committed to respecting the rights of everyone in the penal system and to reducing imprisonment. At IPRT we achieve our goals through effecting changes in policy, in practice, in law and through influencing public opinion. We have been at the forefront of campaigning for change in the Irish penal system and we are pleased to say that we have seen many positive developments in recent months, from work begun on implementation of a number of recommendations from our Travellers in the Irish Prison System Report to the publication of the Report of the Strategic Review Group on Penal Policy (RSRGPP) last month.
The RSRGPP contained many concrete proposals and recommendations upon which IPRT have campaigned for many years; ranging from the introduction of community courts to the expansion of community sanctions and the extension of the Youth Diversion programme to 18-21 year olds. IPRT particularly welcomed the four central Report recommendations that go right to the heart of our own mission:
· that imprisonment should be a sanction of last resort and that this be incorporated in statute;
· that we should break with the idea that prison is the only form of punishment;
· that all aspects of penal policy, law and practice should be just, proportionate and humane; and
· that the dual aims of rehabilitation and reintegration be taken into account when imposing and implementing punishment.
Most importantly the Report clearly sets out the principles which should underpin the system ensuring transparency and fair procedures, embedding structural change and crucially, providing for a mechanism of implementation. As with all reform agendas, its real worth can only be properly measured by the translation of these policy pages to action; action in our legislature, in our courts, in our practice and policy making, and crucially in our own narratives around crime and punishment.
Despite these welcome developments and while there have been significant moves towards the improvement of physical conditions within Irish prisons and in the development and reform of penal policy, the fact remains that there are serious and persistent basic human rights issues within the Irish prison system which have not been resolved. Despite Government assurances since 1993 that it will bring to an end the inhuman and degrading practice of “slopping out”, it continues - in direct contravention of international human rights law. Based on the most recent figures published, more than three hundred prisoners are still required to slop out and 1,610 are required to use the toilet in the presence of another prisoner. Just over half of all prisoners are in a single cell with a flush toilet or have access to private toilet facilities at all times. Conditions at Cork Prison are particularly adverse where those prisoners who slop out also share small cells. While overcrowding has eased in recent months it has been a chronic problem over the last few years, most notably in respect of the two women’s prisons (one of the most profound changes in respect of women in detention in Ireland over the last decade has been the soaring numbers of women imprisoned). The Inspector of Prisons has recently reported that the ongoing detention of a very small number of children on remand in St. Patricks Institution in “certainly inhumane” and in some cases is tantamount to solitary confinement. While there has been a significant recent reduction in the numbers of prisoners on restricted regimes, there are still a small number of prisoners subjected to 21-23 hour lock up. Similarly, cold and filthy conditions recently discovered in the Separation Unit at Mountjoy were of such seriousness as to warrant immediate closure of the Unit.
Another vital area ripe for reform (which the RSRGPP did not substantially address) is that of accountability. Ireland’s international commitments to respecting human rights in prison must be met with robust domestic monitoring mechanisms, including strengthening the powers of the Inspector of Prisons, ratification of the Optional Protocol to the Convention against Torture (‘OPCAT’) and the introduction of a Prisoner Ombudsman. Equally, a fully independent complaints mechanism would help to ensure that prisoners can make complaints without fear and foster wider public confidence in the prison system.
The question is therefore not whether we need progressive reform of the penal system in Ireland; the question is how can we work together to achieve real change as soon as possible. IPRT continues to work every day towards progressive reform of the system based on evidence-led policies and a strong commitment to combating social injustice. Just as the Probation Service steadfastly maintains its conviction in the capacity for positive change in the individual, so too our determined belief in the capacity for positive change in the system, however challenging that may be, is unwavering.
IPRT is committed to respecting the rights of everyone in the penal system and to reducing imprisonment. At IPRT we achieve our goals through effecting changes in policy, in practice, in law and through influencing public opinion. You can read more about IPRT and our work here www.iprt.ie Like to make a donation? Click here.