The Children's Referendum: St. Patrick's Institution Report – Some Thoughts

The Inspector of Prisons’ Report into St. Patrick’s Institution makes for harrowing reading. His use, throughout, of the word “child” is poignant and dramatic. He does not speak in technical or legal terms about “juveniles” or “young offenders”; he does not list complicated Articles of the Constitution or European Convention on Human Rights; he does not pontificate. He simply tells the story of St. Patrick’s Institution, of the children imprisoned there, of the adults imprisoned there, and the dismaying culture that has festered there. It is a sad, sad story, and one which we, as a nation, should be horrified to hear in Ireland in 2012.

The Inspector, Judge Michael Reilly, must be admired for his dogged pursuit of the truth in relation to the regime in St. Patrick’s Institution. He writes (at para 3.3) that if one were to compile a report on St Patrick’s based on one or two visits one might accept that it was run in accordance with best practice and that the rights of prisoners were vindicated. However, his approach was much more thorough. His Report is based on numerous visits to St Patrick’s, many of which were unannounced, on conversations with prisoners, prison officers, representatives of the Prison Officers Association, service providers to the prison and prison management, and on the views of many former inmates of St. Patrick’s, people who worked there over the years, people and organisations who provided services to St. Patrick’s and a cross section of people with an interest in and a knowledge of St. Patrick’s (para 3.4). This allowed for concerns to be cross-checked and verified, and means that the veracity of the findings in the Report is beyond question.

Most media outlets are covering the story today and it is not particularly Continue reading “The Children's Referendum: St. Patrick's Institution Report – Some Thoughts”

The Children's Referendum: St. Patrick's Institution Report – Some Thoughts

Committee Against Torture Observations Published.

As several newspapers have noted today,  the UN Committee against Torture has released its Concluding Observations for Ireland (all documents are available here). This is the Committee’s response to Ireland’s first periodic report. Fiona detailed the core issues on which the Committee was expected to focus here. We hope to have fuller posts on some of these issues in due course, and of course, welcome guest commentary from others researching in relevant areas.

Continue reading “Committee Against Torture Observations Published.”

Committee Against Torture Observations Published.

Damning New Reports on Detention in Irish Prisons: Ombudsman for Children and CPT

This week two new damning reports on Irish prisons were published: one by the Council of Europe Committee for the Prevention of Torture and Degrading Treatment (CPT) and one by the Ombudsman for Children, Emily Logan. Both outlining serious human rights concerns within the prison system of this country. While the focus of the Ombudsman for Children’s report is on St Patrick’s Institution (which houses male offenders aged between 16 and 21), the Report of the CPT covers all places of detention in Ireland including prisons, garda stations and psychiatric institutions.

The CPT Report is based on a visit to Ireland carried out by members of the Committee between 25th January and 5th February 2010 and it contains details of appalling human rights issues in Irish prisons, including matters relating to prisoner healthcare, prisoner protection, and the investigation of complaints against staff.  Continue reading “Damning New Reports on Detention in Irish Prisons: Ombudsman for Children and CPT”

Damning New Reports on Detention in Irish Prisons: Ombudsman for Children and CPT

Drug Seizures in Irish Prisons – Numbers Released

Several weeks ago, I noted that a new zero-tolerance regime in relation to drugs was being implemented in Mountjoy Prison. Figures have now been released which show the extent of the drugs problem, not only in Mountjoy, but in the Irish prison system generally.

The Irish Times reports that since the beginning of last year, illegal drugs have been seized in Mountjoy Prison 1,074 times, while the total number of seizures in all of the other 13 prisons in the State amounts to 1,398. This means that drug seizures at Mountjoy equate to 45% of all such seizures in the State’s prisons.

It is suggested that the increase in drugs seizures at prisons is due to an increased level of anti-drug action on the part of prisons since the introduction of an intensified searching regime, known as Operation Support Group, in May 2008. Continue reading “Drug Seizures in Irish Prisons – Numbers Released”

Drug Seizures in Irish Prisons – Numbers Released

Drislane on Child Detention, International Law and Ireland

Human Rights in Ireland is delighted to welcome this guest post from Siobhan Drislane, Law Reform Commission. This post is published in Siobhan’s personal capacity and may not necessarily reflect the views of the Law Reform Commission.

One of the core concerns of the law relating to juvenile justice, and indeed child law as a whole, is that of detention. Firstly, it is a well established principle that detention of a child should only be used as a measure of last resort. This principle has been expressly identified by:

  • Rule 13.1 (in the context of detention pending trial) and Rule 19 of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“Beijing Rules”) 1985
  • Article 8 of the United Nations Convention of the Rights of the Child 1990
  • Rules 1 and 2 of the United Nations Rules for the Protection of Juveniles Deprived of their Liberty 1990.

Furthermore, all of the above provisions specify that detention of a child should last for the minimum period appropriate.

In the Irish context the Children Act 2001, per section 96(2), states that “a period of detention should be imposed only as a measure of last resort”. This statement expressly mirrors the position set out in international instruments. Additionally, section 143(1) of the 2001 Act states that a court “shall not make an order imposing a period of detention on a child unless it is satisfied that detention is the only suitable way of dealing with the child”. Continue reading “Drislane on Child Detention, International Law and Ireland”

Drislane on Child Detention, International Law and Ireland