The Inspector of Prisons has expressed concerns about several issues in Irish prisons, including bullying, prison officers abusing authority and the detention of children with adult prisoners.

The report is positive on many aspects but highlights some areas of concern, and the way in which prison officials are dealing with those concerns.

The Annual Report by Judge Michael Reilly, published today, says there is a culture where a minority of prison officers abuse their authority, to the detriment of prisoners. The Report outlines the work undertaken by the Inspector between January 2013 and August 2014.

The report also says prisoner by prisoner bullying is a major problem, as well as bullying by staff on staff - and says it is not satisfactory for senior staff to rely on the fact that there is an effective complaints system in place.

Read the report in full here

The Inspector is conducting investigations into Wheatfield, Castlerea and Arbour Hill prisons and will submit reports to the Minister for Justice later this year, while a targeted investigation into certain aspects of Cork Prison is to be conducted.

There are several significant and positive findings in the report, including praise for the fact that: “the Irish Prison System is fast approaching to the point where the majority of prisoners who wish to have singe cells will be able to avail of same, where prisoners who wish to avail of educational opportunities will be able to and where those who wish to avail of structured, relevant work training courses can do so.”

Judge Reilly finds that the continued work done to keep on course to achieve these aims is commendable and “The Minister for Justice and Equality and the Irish Prison Service must be congratulated for having the foresight and the tenacity, even in severe economic times, to persevere with this vision.”

Minster for Justice and Equality, Frances Fitzgerald, said:"I am pleased that the Inspector acknowledges the current Irish Prison Service building programme, the reduction in the prison population and the new and innovative structures which have been put in place.

“I am also pleased to note that the Inspector is confident that the vision of the Director General of the Irish Prison Service ... augers well for the future of Irish prisons.

"However, while much of the report is positive, issues of concern remain which include the continued accommodation of a small cohort of 17 year old remand children in St. Patrick's, bullying by prisoner on prisoner and staff on staff, line management structures, prisoners on protection and overcrowding, in the Dóchas Centre in particular."

"It is clear that lessons need to be learnt, and these lessons must be applied across the whole prison system.” 

Several of the main areas of concern raised by Judge Reilly include:

• Bullying

“Bullying by prisoner on prisoner is a major problem and bullying by staff on staff has been raised as a problem.”

There are warnings about the vulnerability of certain prisoners to bullying, with sexual orientation, age, racial origin and ethnicity all highlighted as factors that can lead to some individuals being “much more vulnerable and open to abuse.”

“Some detainees, in a prison setting, tend to be much more vulnerable and open to abuse than others due to factors such as age, sexual orientation, ethnicity, racial origin, etc.”

The report emphasises that it is incumbent on Prison Management “to be alert at all time” to the risks of bullying of prisoners – be that by other prisoners or by prison staff. The report is unequivocal in setting out that those responsible for prisoner welfare cannot take cover behind the fact “that there is an effective complaints system in place.”

This problem can be compounded as some prisoners “are much less likely than other to be the subject to a complaint” if they are known to have a “propensity towards violence” or are “have the support of an intimidating prisoner clique’”. The report also highlights that victims of abuse may be reluctant to complain if their abuser is a member of staff.

• 17 year old children remanded to St. Patrick’s Institution

The report highlights the fact that 17 year olds – between one and five at any one time – are remanded in St. Patrick’s institution. The report notes that “continued accommodation of this cohort of prisoners in St Patrick's Institution is a matter of grave concern.”

Regarding this issue in Particular, Minister Fitzgerald said: "One of the Government's priorities is to remove 17 year old offenders from the adult prison system. Progress has been made and the detention of children in St. Patrick's Institution will end with the provision of more appropriate accommodation and regimes in the new detention facility at Oberstown later this year.

"My Department is also taking steps to prepare the General Scheme of a Bill to provide for the complete closure of St Patrick's Institution."

• Abuse of power by Officers

Judge Reilly notes that there are concerns about prison officers abusing their power, and bullying inmates. Judge Reilly says within Irish prisons there exists “a culture where a minority of officers abuse the authority vested in them.” The report says this abuse “can manifest itself in several ways and is insidious.” This abuse by prison officers “can involve such things as bullying, intimidation, name calling, failing to act on requests, making false promises, taking actions to ensure the discomfiture of prisoners and other actions designed to denigrate the prisoners under their control.”

The report also notes that prisoners being bullied or abused by a member of prison staff will be less likely to raise a complaint over their treatment “because of longer-term repercussions.”

• Failure of prison staff to keep sufficient records

Judge Reilly notes that “there is a lack of appreciation in some quarters that accurate and truthful records must be kept.”

Reilly makes it clear that his office, and other inspection bodies, should be confident of the veracity of any records which they access. “I must point out,” Reilly says, “that prison records are official records and it is a very serious matter to falsify official records.”

The scale of failures in regard to record keeping appears to vary to a significant degree. Judge Reilly notes that, “in certain cases the record keeping is poor in that adequate detail is not provided,” but also find the more serious issues that some records are “at times misleading” and he has found that prison officers are told when writing up reports to “keep it short and cover your arse”.

“I have already alluded in a previous report to the statement of a senior member of management of a prison to the effect that – ‘If you do not ask the right question you will not get the right answer’. I have been informed in a number of prisons that the tendency is to put ‘as little on paper as is necessary’. In one investigation that I had sight of, an officer, in referring to report writing, is quoted as stating – “We are only trained on report writing in initial training and they tell you to ‘keep it short and cover your arse’”, Judge Reilly said. (Italics in original)

• Overcrowding

The report in generally positive about the issues of overcrowding and says conditions are improving – and opinion it takes it on many aspects of the work done in the prisons examined. However, it finds that overcrowding remains an issue, albeit a diminishing one, and makes specific mention of the Dochas Centre Women’s Prison in Cork, where “the overcrowding in the Centre is a matter of serious concern.”

Judge Reilly also noted his concerns about the prevalence of drugs and contraband at the prison.

The report also notes, briefly, that “the prevalence of drugs and other contraband is a matter of grave concern.”