THERE HAS been a “sea change” of improvement in Mountjoy prison, particularly with regard to cleanliness and hygiene, according to the latest report from the Inspector of Prisons, Judge Michael Reilly.
However, he urged further action to deal with complaints from prisoners, particularly relating to alleged assaults by prison officers.
He also said that while slopping out and overcrowding continued, his endorsement of improved conditions would remain qualified.
Thirty per cent of Irish prison accommodation does not have in-cell sanitation, and “slopping out” still takes place in Cork, Limerick, Mountjoy and Portlaoise prisons.
He noted that there were 710 prisoners in Mountjoy on March 11th last, when there should have been no more than 517. He said that the Prison Service’s use of the term “bed capacity” was misleading, as it referred to beds or bunks, and ignored the size of cells and international best practice.
He said he had been constrained in his 2009 report from making detailed comments on complaints by prisoners, because of ongoing investigations by the Garda Síochána. These had now been completed.
While the DPP was not proceeding with any prosecutions arising out of the investigation, it was clear that a number of injuries had been received by prisoners. In a number of cases the gardaí were satisfied that something had happened but, because of a lack of evidence, it was not possible to mount a criminal prosecution.
A Prison Service investigation, which included CCTV footage, showed prison officers entering cells, up to 10 in one case, and remaining there for several unexplained minutes.
No explanation was given for these unorthodox actions by prison officers.
Subsequently, prisoners presented with serious injuries.
He referred to his earlier reports where he was critical of the absence of adequate records and of a clear supervisory regime within the prison and he recommended protocols whereby there was a person within the prison with responsibility to such complaints.
Prisoners who made complaints, as well as potential witnesses, should not be moved from the prison until they had been interviewed by the gardaí. Proper records should also be maintained, he said.
Announcing plans for new procedures for the investigation of serious complaints by prisoners, including provision for prison officers to wear identification, Minister for Justice Alan Shatter said a culture of impunity cannot be allowed to develop within the prison system.
The management response to allegations of excessive use of force by prison officers has been “less than satisfactory” in the past, he said.
He acknowledged that the director general had taken prompt action in addressing the issue of serious complaints by prisoners, and had implemented all the recommendations of the inquiry team set up to look into the matter, including the need to keep proper medical and other records.
Referring to the improved conditions in Mountjoy, he said: “Significant improvements can be achieved even in an old prison such as Mountjoy with committed staff under good management”.
Mr Shatter also announced the members of the committee set up to review the Thornton Hall prison project: former Supreme Court judge and former president of the Law Reform Commission, Catherine McGuinness; UCD law lecturer Tom Cooney, who is also the Minister’s adviser; accountant Brendan Murtagh, a partner in LHM Casey McGrath; and Brian Purcell, director general of the Irish Prison Service.