Prisons in the Republic of Ireland

Mountjoy Campus, North Circular Road, Dublin 7, Ireland

Prisons in Ireland are one of the main forms of punishment, rehabilitation, or both for the commission of an indictable offense and other offenses.

Authority

In 1925, shortly after the establishment of the Irish Free State, Minister for Justice, Kevin O'Higgins, introduced legislation repealing the existing ability of grand juries to appoint visiting committees to prisons within the State. Instead, the authority to appoint the members of prison visiting committees was vested solely in the person of the Minister. ^{[1] [2]} Similarly, the management of the prison system within the Irish Free State passed to the control of the Minister with the dissolution by statutory instrument of the General Prisons Board for Ireland (the G.P.B.) in 1928. ^[3] The G.P.B. had been an all-Ireland body. Thus, by this date, both the responsibility and control over the management and oversight of the prison service within the Irish Free State was held within the Minister's department. ^[4]

This situation remained unchanged until 1999 when the Minister for Justice, Equality and Law Reform, John O'Donoghue, established the Irish Prison Service to which was delegated the task of managing the day-to-day running of the prison system. ^[5] Simultaneously in 1999, a Prisons Authority Interim Board was established and its members were appointed by the Minister in 2000. The purpose of this board was to advise the director general and directors of the Irish Prison Service on the management of the penal system. ^[6] In 2002 the retired High Court Judge, Dermot Kinlen, was appointed the state's first Inspector of Irish Prisons. ^[7] However, none of these new bodies was ever established on a statutory basis despite indications to the contrary. Indeed, as recently as January 2011, Dermot Ahern informed the Dáil (Parliament) that:

I have no immediate plans to introduce legislation to place the Irish Prison Service or the Prisons Authority Interim Board on a statutory basis ^[8]

In 2009, the Irish Prison Service had an annual budget of €379.319 million and it had a staff of 3,568 people. ^[9]

EuroPris and the European Union

Ireland is a member of the European Union and the EuroPris system. ^[10] Being a member of this system requires abolition of the death penalty and humane prison conditions. The goal of the Europris system is to ensure cooperation between European prison systems which aims to improve the lives of prisoner and their families, growing public safety and security, and reducing the re-offending rate.

Prison services

The Irish prison system attempts to educate inmates and give them opportunities to avoid recidivism. The system provides multiple forms of education including vocational, life skills, basic education, healthy living, and technology education. The system also provides methamphetamine addiction treatment facilities that covers at least 80% of the Irish prison population. They also ready the inmates for reintegration and resettlement back into society and provide mental health and health services for the inmates. ^[11]

Prison population rate

As of February 2021, the prison population in Ireland was 3,729. ^[12] In December 2020, the incarceration rate was approximately 73 per 100,000 inhabitants. ^[12]

The proportions in the prison population are; 17.6% are pre-trial and remand prisoners, 4.2% are females, 1.0% are under the age of 18, and 13.3% of the prisoners are foreign. The maximum number of prisoners the system can handle is 4,273; the prisons in Ireland are 87.5% full. For 2017, the rates in pre-trial and female prisons both went up, the pre-trial prisoners went up to a rate of 17.6% and the female rate went up to 4.2%. The previous rates for females, 3.4% in 2015 and pre-trial prisoners was 14.6% in 2015. The remand and pre-trial rate increased by 3% and the female rate increased by 0.8%. Since 2000, the lowest population the system has had is 2,948 which was in 2000, and the highest rate was 4,318 in 2012. ^[13]

Prisons and prison population

There are 12 prisons in Ireland with a total bed capacity of 4,106 as of 31 December 2009. The daily average number of prisoners in custody in 2009 was 3,881. However, most of these prisons operate at or above capacity. ^[14] On 25 January 2011, the prison population stood at 4,541. There were about 80 prisoners per 100,000 inhabitants in October 2015. ^[12]

Sentencing

In 2009 there were 15,425 committals to prisons in Ireland, which is an increase of 13.8% on 2008 when the equivalent figure was 13,557. 12,339 individuals accounted for all the committals in 2009. 10,865 committals to prisons in 2009 followed sentencing. ^[15]

Cost of placement

The average cost to incarcerate a person in a prison in 2009 was €77,222 per annum. This was a decrease of 16.7% on the 2008 figure when the cost of incarceration was €92,717 on average. ^{[16] : 4, 50}

Active prisons

Prisons in Ireland: Operational Capacity and Daily Average Number of Prisoners in Custody 2020 ^[17]

Prison	Location	Year Opened	Type	Security	Sentenced	Remand	Age Range	Special Features	Servicing Area of	Male Capacity	Female Capacity	Daily Average Number (Male)	Daily Average Number (Female)
Mountjoy Prison	Dublin 7	1850	Closed	Medium	Y	Y	18+	None	Dublin City	755	0	667	0
Dóchas Centre	Dublin 7	1999	Closed	Medium	Y	Y	18+	None	National (except Munster)	0	146	0	120
Cork Prison [18]	Cork City	1972	Closed	Medium	Y	N	18+	None	Cork, Kerry, Waterford	296	0	271	0
Limerick Prison. [19]	Mulgrave Street, Limerick	1822	Closed	Medium	Y	Y	18+	None	Males: Clare, Limerick, Tipperary. Females: Munster	210	28	206	28
Castlerea Prison [20]	Castlerea, County Roscommon	1996	Closed	Medium	Y	Y	18+	None	Connacht, Cavan, Donegal, Longford	340	0	297	0
Cloverhill Prison [21]	Cloverhill, Dublin 22	1999	Closed	Medium	N	Y	18+	None	Leinster (primarily)	431	0	362	0
Wheatfield Prison [22]	Cloverhill, Dublin 22	1989	Closed	Medium	Y	N	18+	None	Louth, Meath, Monaghan, Wexford, Wicklow	610	0	505	0
Portlaoise Prison [23]	Portlaoise, County Laois	1902	Closed	High	Y	N	17+	For those sentenced in the Special Criminal Court; subversive crime	National	291	0	225	0
Arbour Hill Prison [24]	Dublin 7	1975	Closed	Medium	Y	N	17+	Sexual offenders; long term sentences	National	138	0	130	0
Midlands Prison [25]	Portlaoise, County Laois	2000	Closed	Medium	Y	Y	17+	None	Carlow, Kildare, Kilkenny, Laois, Offaly, Westmeath	875	0	814	0
Loughan House [26]	County Cavan	1973	Open	Low	Y	N	18+	None	National	140	0	105	0
Shelton Abbey [27]	Arklow, County Wicklow	1973	Open	Low	Y	N	19+	None	National	115	0	93	0

One reason Ireland has a successful recidivism programme is the educational opportunities they provide while prisoners are serving a sentence. During a sentence, an inmate has access to a wide variety of classes, as well as personal tutoring services to help them succeed in their classes. These classes include home economics, art, pottery, photography, drama and music, crafts, technology, horticulture, and lastly science programs. There are also instructional technology courses available at certain facilities. If inmates do decide to attend classes, this allows them to be excused from some of the work duties that are required by the prison each day. All of this is provided through the Department of Justice and the Irish Vocational Education Committee. To decide what classes each inmate should enroll in, each inmate goes through an interviewing process. This helps the inmates because it gives them a personalized schedule that they would not be able to make on their own. Also, students are interviewed on a weekly basis to see if they are struggling in any classes. This allows the program to be more successful because if an inmate is having any trouble in their classes it is to be assessed right away so they can get the help they need to get back on track (Literacy Work in Prison). ^[28]

Minors

Formerly, children in Ireland (North and South) were detained in Industrial Schools or Reformatory Schools. Currently, within the Republic of Ireland, they are detained in institutions called Children Detention Schools. These detention schools are managed by the Irish Youth Justice Service. There are four facilities for the detention of "children", defined as boys under the age of 17 and girls under the age of 18:

• Finglas Child and Adolescent Centre Children Detention School
• Oberstown Children Detention Campus (separate boys' and girls' schools)

Defunct prisons

• Spike Island
• Clonmel Borstal
• Geneva Barracks
• Kilmainham Gaol
• Newgate Prison, Dublin
• Richmond General Penitentiary
• Roscommon Jail (Now Stone Court Shopping Centre)
• Sligo Gaol
• The Black Dog, Dublin
• Cork City Gaol
• Cork County Gaol
• Wicklow Gaol

Statutory basis of the penal system in Ireland

• Children Act (2001)
• Criminal Justice Act (1960)
• Criminal Justice Act (1997)
• Criminal Justice Act (2000)
• Criminal Law Act (1997)
• Detention of Offenders (Castlerea) Regulations (1998)
• Detention of Offenders (Loughan House) Regulations (1973)
• Detention of Offenders (Shanganagh Castle) Regulations (1970)
• Detention of Offenders (Shelton Abbey) Regulations (1976)
• Detention of Offenders (The Curragh) Regulations (1996)
• Detention of Offenders (Training Unit) Regulations (1975)
• ECHR Bill (2001)
• General Provisions Board (1928)
• Human Rights Commission Act (2000)
• Illegal Immigrants Trafficking Act (2000)
• Immigration Act (1999)
• Immigration Act (2003)
• Immigration Act (2004)
• Medical Practitioners Act (1927)
• Non-Fatal Offences Act (1997)
• Ombudsman Act (1980)
• Ombudsman for Children Act (2002)
• Organisation of Working Time Regulations (1998)
• Prison Act (1933)
• Prison Act (1956)
• Prison Act (1970)
• Prison (Disciplinary Code for Officers) Rules (1996)
• Prisoners Temporary Release Rules (1960)
• Prisons Visiting Commitiees Act (1925
• Prisons Visiting Committees Order (1925)
• Refugee Act (1996)
• Rules for the Government of Prisons (1947)
• Rules for the Government of Prisons (1955)
• Rules for the Government of Prisons (1976)
• Rules for the Government of Prisons (1983)
• Rules for the Government of Prisons (1987)
• Safety Health and Welfare at Work Act (1989)
• Social Welfare (Social Assistance Regulations) (1993)

See also

• Ireland portal
• Law portal

Notes

1. Kilcommins, Shane; O'Donnell, Ian; O'Sullivan, Eoin; Vaughan, Barry (2004). Crime, punishment and the search for order in Ireland. Dublin: Institute of Public Administration. pp. 41–2. ISBN   1-904541-13-5.
2. Prisons (Visiting Committees) Act, 1925.
3. S.I. No. 79/1928 — General Prisons Board (Transfer of Functions) Order, 1928.
4. Kilcommins, Shane; O'Donnell, Ian; O'Sullivan, Eoin; Vaughan, Barry (2004). Crime, punishment and the search for order in Ireland. Dublin: Institute of Public Administration. p. 43. ISBN   1-904541-13-5.
5. Kilcommins, Shane; O'Donnell, Ian; O'Sullivan, Eoin; Vaughan, Barry (2004). Crime, punishment and the search for order in Ireland. Dublin: Institute of Public Administration. p. 240. ISBN   1-904541-13-5.
6. Irish Prison Service. "Functions of Interim Prison Board". Archived from the original on 26 April 2011. Retrieved 22 February 2011.
7. Times Online (6 August 2007). "Obit.: Mr Justice Dermot Kinlen". The Times. London. Retrieved 22 February 2011.
8. House of the Oireachtas. "Written Answers – Irish Prison Service, Wednesday 12 January 2011" . Retrieved 22 February 2011.
9. Irish Prison Service (2010). Annual Report (PDF). Dublin. p. 8. Archived from the original (PDF) on 1 May 2011.
10. "EuroPris". Irish Prison Service. Retrieved 14 December 2021.
11. "Irish Prison Service". www.irishprisons.ie. Retrieved 12 September 2023.
12. Irish Penal Reform Trust. "Facts and Figures" . Retrieved 5 August 2021.
13. "Ireland, Republic of | World Prison Brief". prisonstudies.org. Retrieved 25 April 2018.
14. Irish Prison Service (2010). Annual Report (PDF). Dublin. pp. 3, 7. Archived from the original (PDF) on 1 May 2011.
15. Irish Prison Service (2010). Annual Report (PDF). Dublin. p. 3. Archived from the original (PDF) on 1 May 2011.
16. Irish Prison Service (2010). Annual Report 2009 (PDF). Dublin. p. 4 and 50. Archived from the original (PDF) on 1 May 2011.
17. Irish Prison Service (2020). Annual Report (PDF). Dublin. pp. 24–28.
18. In 1806 a military barracks with a prison attached was opened by the British government on Rathmore Road, Cork City. Following independence in 1922 the control of this institution was taken over by the Irish Government and renamed Collins Barracks. It remained in the possession of the Irish Army until 1972 when it was handed over to the Department of Justice who returned the facility to use as a civil prison. It opened as a committal prison after considerable refurbishment in 1983. Irish Prisons Inspectorate (2005). Cork Prison Inspection: 13th – 17th September 2004. Dublin.
19. Although built between 1815 and 1821 much of this facility has undergone extensive renovation of late. Many but not all of the old wings have been knocked down and replaced with new units providing for modern sanitation facilities. The original female section of the prison is generally not used except in cases of severe overcrowding, as a new modern female unit has been constructed. Irish Prisons Inspectorae (2007). Limerick Prison Inspection: 19th – 23rd June 2006 (PDF). Dublin.
20. Castlerea opened as a district mental hospital from 1939. Operating for short periods as a tuberculosis sanitorium, it remained open as a hospital until 1994 during which time it was renamed as St. Patrick's Hospital. Following its closure as hospital a small number of prisoners were accepted into the facility in 1996 but work was not completed on the construction of the main cell blocks until 1998. Irish Prisons Inspectorate (2005). Castlerea Prison Inspection: 2nd – 9th June 2004 (PDF). Dublin.
21. This is a purpose built "remand" prison and holds most of the male remand prisoners in the state. It is adjacent to the Wheatfield prison and shares many services with this institution. Inspectorate of Irish Prisons (2006). Cloverhill Prison Inspection: 22nd – 29th November 2005 (PDF). Dublin.
22. Irish Prisons Inspectorate (2007). Wheatfield Prison Inspection: 10th – 12th and 19th – 21st April 2nd, 3rd, & 16th May 2006 (PDF). Dublin.
23. The "E" block of Portlaoise Prison was built in 1902 on the site of an old county jail which had originally been built in 1830. The prison site consisted of 36 acres, 30 acres of which was farmland. Due to security concerns the farm ceased to function in the 1970s and currently hosts the Midlands Prison. From 1923 Portlaoise Prison was designated as convict prison (i.e. those sentenced to penal servitude understood as those serving sentences ranging from three years to life). In November 1972 the prison population then resident in the institution were dispersed to other institutions, principally Mountjoy Prison. In 1973 it ceased to be a convict prison and was instead designated as a high security prison to house subversive prisoners. In tandem with this change in status, army and police personnel were stationed in the grounds of the prison to augment the prison staff.Irish Prisons Inspectorate (2003). Portlaoise Prison Inspection: 9th, 10th, 11th December 2002 (PDF). Dublin. p. 2.Irish Prisons Inspectorate (2007). Portlaoise Prison Inspection: 6th – 10th November 2006 (PDF). Dublin. p. 6.
24. the original Arbour Hill Hospital and Prison was built in 1797 at the site of the modern day St. Bricin's Military Hospital. The hospital was subsequently modified and renamed the King George V Hospital. The prison was moved to its current location in Arbour Hill and built between 1845–48. Following independence control of the institution was transferred to the Department of Defence. It served as a military prison until 1973 when the institution was passed over to the control of the Department of Justice and in 1975 it was reopened as a civilian prison. The majority of the prisoners in this institution have been convicted of sexual offences. Irish Prisons Inspectorate (2004). Report on Visit to Arbour Hill Prison Commencing the 3rd November 2003 to the 7th November 2003 (PDF). Dublin. p. 6.
25. The Midlands Prison was built adjacent to Portlaoise Prison with which it shares some facilities. It was built as a public-private partnership for a cost of £46 million Irish punts. It is not a committal prison as all prisoners are transferred here from other prisons. Although there are a tiny number of prisoners in the population who are awaiting trial the vast majority of prisoners have been sentenced. Irish Prisons Inspectorate (2005). Midlands Prison Inspection: 27th – 1st July 2005 (PDF). Dublin. pp. 2–3.
26. Loughan House was built in 1953 as a noviciate for the White Friar Fathers Missionary Congregation. In 1972 the 47-acre site was sold to the Department of Justice and it opened as a penal institute for young male offenders aged between sixteen and twenty-three years old in 1973. Dating from 1978 it was used as a juvenile detention centre for male offenders aged between twelve and sixteen years old. From 1983 it has served as an open centre for male prisoners aged over eighteen years old.Irish Prisons Inspectorate (2008). Report on an Inspection of Loughan House Open Centre 2008 (PDF). Dublin. p. 4.
27. This institution, located near Arklow in County Wicklow, was previously the home of Lord and Lady Wicklow before it was acquired by the state in the early 1950s. In 1972 it was purchased by the Department of Justice and since 1973 it has continuously operated as an open detention centre. Irish Prisons Inspectorate (2006). Shelton Abbey Detention Centre Inspection: 10th Oct. – 15 Oct. – 2005 (PDF). Dublin.
28. Kett, Mary (June 2001). "Literacy Work in Wheatfield Prison, Dublin, Ireland". JCE. 52: 63–67.

Bibliography

• O'Donnell, Ian (1 July 2004). "Imprisonment and Penal Policy in Ireland". The Howard Journal of Criminal Justice. 43 (3): 253–266. doi:10.1111/j.1468-2311.2004.00326.x.

External links

• Irish Criminology Research Network
• Irish Penal Reform Trust
• Irish Prison Service
• Department of Justice and Law Reform: Prisons and Probation
• Prison Officers' Association