13th October 2023
IPRT welcomes the publication by the Minister for Justice of the Office of the Inspector of Prisons (OIP) Annual Report 2022 (13 October 2023). Critical issues outlined in the report include overcrowded conditions in prison; increases in the number of deaths in prison reported to the OIP and that the current prisoner complaints system is not fit for purpose.
Notably the report outlines the first general unannounced inspection visit in many years as well as highlighting the important work on the Thematic Inspection on Education & Work Training. The Annual Report 2022 includes a specific focus on the Places of Detention Bill which would see Ireland ratify the Optional Protocol to the United Nations Convention Against Torture (OPCAT).
Saoirse Brady, IPRT Executive Director said:
“The Places of Detention Bill, and the ratification of OPCAT, represents an historic opportunity to strengthen the culture of human rights within Irish detention facilities and put in place safeguards to ensure that some of the most vulnerable individuals in our society are protected.
The legislation would replace the ‘Office of the Inspector of Prisons’ with the ‘Office of the Inspectorate of Places of Detention’ expanding its remit into Garda stations, courts and prison transfers for example. We would echo the Chief Inspector’s concerns around the first draft of the legislation being insufficiently robust to ensure that the new body will fulfil its OPCAT obligations. We cannot allow the upcoming Inspection of Places of Detention Bill to progress without fully guaranteeing the independence of the future Office.
We welcome the Minister’s assurance that drafting is underway and that a first draft is shortly expected. We hope the draft will reflect the various issues raised during the pre-legislative scrutiny process. IPRT will continue to engage with politicians, as well as the Department of Justice and other key stakeholders, in developing an effective piece of legislation which delivers transformative change and attracts widespread support.
In the meantime, we would reiterate our call to ratify OPCAT as a matter of priority to further signal Ireland’s commitment preventing torture in places of detention and help ensure the momentum on the legislation is not lost.”
Prison Inspections
IPRT is pleased to see the OIP fulfilling its mandate by conducting general prison inspections building on its Covid-19 thematic inspections, with the first unannounced general prison inspection in years taking place in Mountjoy in November-December 2022.
Saoirse Brady, IPRT Executive Director said:
“We welcome that the first unannounced general inspection in almost a decade took place last year. The inspection report reinforces many of the issues IPRT has been consistency raising over the past year, including the inhumane conditions in which people in prison are currently living. This includes sleeping on mattresses on the floor, some beside open toilets, in what should be single cell accomodation.
The impact of the rising number of people being held in prison in Ireland is not only being felt at Mountjoy prison but is now a systematic feature of the entire prison estate. Since the Chief Inspector wrote to the acting Minister for Justice in December 2022, the situation has escalated with eight out of 12 prisons now at capacity or over-capacity. Unfortunately, we have not seen the urgent action needed in order to prevent overcrowding from becoming a serious crisis for the prison system as a whole.
While we recognise that Budget 2024 provided an additional €27 million to the Irish Prison Service to 'drive the Government's intention to provide over 400 new prison spaces over the next 5 years', this will do little to address the current overcrowding crisis today and stop anyone sleeping on a mattress this week.”
Complaints from people in prison
The new Chief Inspector, like his predecessor, has again criticised the current complaints system. Having access to a robust and effective complaints mechanism is essential for people detained in closed institutions to protect against potential human rights violations. The OIP Annual Report 2022 states that the Chief Inspector has met with the Ombudsman on this subject and is engaging with the Department of Justice at the most senior levels in pursuit of alternative arrangements.
Saoirse Brady, IPRT Executive Director said:
“A well-functioning and effective complaints investigation process has never been more important with record numbers of people in prison and conditions deteriorating. Despite long-promised reform in the area of prison complaints, progress has been slow. It is imperative that the final necessary steps to review the Prison Rules and establish a new complaints process are taken without any further delay”.
ENDS
For all media enquires or to arrange interview with Saoirse Brady, IPRT Executive Director, please contact 087 181 2990
NOTE TO EDITORS
Respect for rights in the penal system with prison as a last resort.