CONDITIONS AT Mountjoy Prison are an affront to civilised society and a testament to the neglect of successive governments. The antiquated male prison has become so overcrowded that it is unfit for purpose and is regarded as an unsafe environment for both inmates and staff. The governor of the female centre, Kathleen McMahon, has now resigned because of a lack of consultation and official preparation for what she sees as long-term overcrowding and a reduction in rehabilitation services.
Overcrowding is at the heart of the problem. That can be traced to the courts; to the sentencing system operated by judges and to a lack of alternative sanctions and facilities. Prisons should be places of last resort, reserved for serious, dangerous criminals, rather than used as a dumping ground for inadequate, impoverished or mentally disturbed citizens. In spite of the huge financial cost involved, prisons have become a casual convenience for the disposal of the socially and financially inept. Director of the Prison Service Brian Purcell put it plainly when he said: “I don’t make the call about who is committed to custody: that is for the courts”. Mr Purcell, however, appears comfortable with a policy of providing ever more prison places, rather than support for the alternative approach of community service, restorative justice and minimum incarceration.
Paul MacKay, outgoing member of the Mountjoy Visiting Committee, has complained of inhumane conditions caused by overcrowding at the male prison. His representations have been met by official denial and political indifference. Last year, chairman of the committee, Stephen Langton made similar complaints. He also warned that drug-dealing gangs were having an increasingly dangerous impact on prison life. But no remedial action appears to have been taken. And a new prison at Thornton Hall will not be ready for at least five years.
Later this week, the Seanad will debate a Fines Bill. It has already been approved by the Dáil and is based on recommendations made by the Law Reform Commission way back in 1991. It provides an alternative to imprisonment where court fines or personal debts are involved. And it is expected to become law before the summer. Last year, about 4,000 people were sent to jail for not paying fines. The number of mentally ill/disturbed individuals who should have been treated in more appropriate settings, is not known. But it is probably equally large. Being “tough” on crime is politically popular. As a result, there has been considerable reluctance to address these issues.
The Judiciary must play its part. Judges pride themselves on their independence. A minister for justice may pass laws and institute reforms, but effective implementation lies with the courts. It makes sense to keep people out of jail for minor offences. Young offenders are also kept away from likely drugs-induction centres and finishing schools in crime. Judges who adopt this approach may increase their workload, but they will provide a better community service.