The Inspector of Prisons has said the record levels of overcrowding in jails is “deplorable” and that he has been “sounding the alarm” of the crisis since he took up the position in August 2022.
Mark Kelly also expressed grave concern at the “undesirable uptick in physical violence” the worsening overcrowding will cause, in addition to the impact on the physical and mental health of inmates.
The prison watchdog told the Irish Examiner it was “perfectly clear” that the conditions many prisoners are held in are “degrading”. Mr Kelly said that prisoners sleeping on mattresses on cell floors “wedged next to unpartitioned toilets” cannot be in line with international obligations.
The number of people in prisons passed the 5,000 mark for the first time ever on June 20, with 5,002 inmates in cells with capacity for 4,514 people. A further 508 prisoners were on temporary release (TR).
The record was beaten twice last week, with 5,007 inmates last Wednesday (500 on TR) and 5,015 prisoners on Thursday (498 on TR).
The situation has worsened this week:
- Monday – 5,029 people in custody and 500 on TR, meaning there were 5,705 in the prison system;
- Tuesday – 5,025 in custody with 510 on TR, totalling 5,713 in the prison system;
- Wednesday – 5,028 in custody, with 515 on TR, totalling 5,724.
The number in custody on Wednesday meant that over 250 prisoners were sleeping on mattresses on the floor.
A range of prison sources have told the Irish Examiner that they are very concerned over the coming months, with a combination of packed cells and warm weather along with greater competition among inmates for services, including phone calls, visits and access to gyms and workshops.
Mr Kelly said Ireland’s prison population passing the 5,000 mark was a “deplorable milestone”. The Inspector of Prisons said he has been “sounding the alarm” about the degrading conditions created by overcrowding in certain prisons since taking up the job in August 2022, including in his annual report for that year.
He said he expressed similar concerns in his 2023 annual report, which was submitted to Justice Minister Helen McEntee last March, but has not yet been published.
The inspector said he has met the Minister for Justice, the Director General of the Irish Prison Service and the most senior officials in the Department of Justice on numerous occasions, including “very recently”, on this issue, and other issues of mutual concern.
Mr Kelly said the overcrowding crisis would lead to increased conflict in prisons, a view expressed by the Prison Officers' Association, as reported in the Irish Examiner on Monday.
“An undesirable uptick in physical violence in prisons is the inevitable result of confining too many adults in too little space for too long,” the inspector said. He added that overcrowding impacts on mental and physical health.
Last February, the inspector published a detailed report on psychiatric care in prisons, which he said should be a “clarion call” for action by the Government to tackle long-standing under-resourcing of psychiatric services in prisons and in the wider community.
Mr Kelly said the overcrowding crisis posed reputational and legal implications for the Government. “It is perfectly clear that the conditions in which many prisoners in Ireland are currently being held are degrading,” he said.
“This applies, most especially, to conditions in cells in which prisoners are obliged to sleep on mattresses on the floor, wedged next to unpartitioned toilets in the living space in which they also eat and drink. This cannot be said to be respectful of Ireland’s obligations under Article 3 of the European Convention on Human Rights & Fundamental Freedoms.”
Letter to then Justice Minister Helen McEntee, Simon Harris 23 December 2022
“As you may be aware, the lnspectorate of Prisons recently completed an unannounced full inspection of Mountjoy Men's Prison in Dublin, from 28 November to 9 December 2022.
“The purpose of this letter is to formally bring to your attention as Minister an issue of serious concern arising out of that inspection, namely the accommodation of people on mattresses on the floors of cells designed for single occupancy.
“The size and design of many of these cells meant that mattresses had to be wedged at an angle next to the in-cell lavatories. At the time of the inspection, an average of some 38 men per day were being kept in these conditions, often with minimal out-of-cell time.
“These conditions of detention could be considered degrading.
“Of course, the root cause of this problem is the rising number of people being held in prison in Ireland, and I understand that Mountjoy Prison for Men is not the only establishment in which the Irish Prison Service is currently unable to offer a bed to everyone in its custody.
“Projected rises in the prison population suggest that unless urgent action is taken, such as imposing an enforceable ceiling on the number of people who can be held in each prison, the dramatic situation observed by my team in Mountjoy Prison for Men will become a grave problem for the prison system as a whole.”
Mark Kelly
Chief Inspector of Prisons
In its most recent press statement, the Department of Justice said it was working with the Irish Prison Service to progress plans to bring new spaces for over 1,100 people on stream between 2024 and 2030. It said this involves expectations to deliver over 170 spaces this year.
It said Minister McEntee secured capital funding of €159m for the years 2024 to 2026 and “continues to engage” with Department of Public Expenditure. The statement said “a new working group” on future prison capacity is being established by the minister.
“It will also make recommendations on the future use of the site at Thornton Hall and the role it can play in providing additional and modern prison accommodation,” it said. It said the IPS is also currently engaged with the Defence Forces to assess the feasibility of bringing the Curragh Military Prison into use.