Overcrowding in Irish prisons remains a "chronic issue" with prisoners sometimes forced to live in "squalid conditions", a Council of Europe report has found.
A report published by the Council of Europe's Committee for the Prevention of Torture (CPT) found that while certain reforms have been implemented, there continues to be pervasive overcrowding, worsening safety levels in men’s prisons and inadequate mental healthcare in Irish prisons.
The committee visited five prisons, as well as at the Central Mental Hospital, the Oberstown Children Detention Campus and the Ballydowd Special Care Unit, last year.
They noted a number of positive developments since their previous visit in 2019, including improvements to prison infrastructure, less use of segregation, greater scope for temporary release and the virtual eradication of "slopping out" practices.
However, the committee called on the Irish authorities to take concrete actions to address a number of critical issues.
They found that physical safety in male prisons had deteriorated sharply.
The report found that violence between prisoners was widespread and allegations of prisoner abuse by staff had increased since 2019, particularly in Cloverhill and Limerick Prisons.
The committee said it received several allegations of excessive force being used by staff during operations to control, restrain and relocate prisoners.
The report said what was equally concerning was a pattern of preventable deaths in custody, notably among prisoners suspected of concealing drugs inside their bodies, and a lack of reviews to prevent such tragedies from recurring.
Overcrowding also remains a "chronic" issue, with many single or double cells packed with three or four inmates, "sometimes in squalid conditions".
The report found that prisoners held in restricted segregation for protection reasons were often spending up to 23 hours a day locked in their cells, which the CPT said may amount to inhuman and degrading treatment.
The committee also found that the provision of mental healthcare in prison remains critically deficient and underlined that prisons are fundamentally inappropriate places for people with severe mental illness.
Regarding children and young adults, the report found that Ireland lacks sufficient capacity in special care units, resulting in prolonged detention for young persons awaiting appropriate placement.
It found that reintegration efforts for young offenders were undermined by the absence of step-down or temporary release programs.
Responding to the report, the Government welcomed the acknowledgement of progress on operational reforms but acknowledged that the country was experiencing significant challenges with regard to prison capacity.
It said a number of steps were taken to address the issue, including legislation to increase the use of Community Service Orders and Restorative Justice referrals.
It said 134 new prison spaces had been delivered since last year and a further 100 would be added this year, with the programme for Government promising to increase capacity by 1,500 in total.
The Government said the Irish Prison Service would take steps to address the issues raised by the report and seek to implement its recommendations where possible.
"Irish authorities have provided a detailed response outlining how they intend to address the recommendations made by the Committee in each of the areas covered by the report, including prisons, children’s establishments and the Central Mental Hospital.
"The Committee will be engaging in constructive dialogue with the Irish authorities on these matters going forward," the Council of Europe’s Committee for the Prevention of Torture said.
'When a prison reaches capacity, no one else should be admitted' - IPRT
The Irish Penal Reform Trust (IPRT), which campaigns for the rights of people in prison, said the report highlights the "detrimental impact" that overcrowding has "on the lives of people deprived of their liberty".
The non-governmental organisation said this "may amount to inhuman and degrading treatment, absolutely prohibited by the European Convention on Human Rights".
IPRT Executive Director Saoirse Brady, said conditions in Irish prisons have deteriorated further to an "unacceptable and unsafe level" due to escalating prison numbers and overcrowding.
"Once again, the CPT has repeated its call for the State to ratify the 'Optional Protocol' to the Convention against Torture (OPCAT). At a time when the situation across the prison estate is so dire, IPRT supports the Committee's recommendation to put in place and invest in preventative mechanisms to proactively identify and address the root causes of ill-treatment in Irish prisons," she said.
The IPRT said it recognises that the Irish Prison Service is "treading water", adding that "it is clear that in the current context it is simply not possible for it to comply with basic human rights standards".
"However, responsibility does not fall solely on the prison authorities as the Government must take clear and immediate action to reduce the prison population and alleviate pressure on the system," it added.
The IPRT said it supports the Committee's recommendation that when a prison has reached capacity, no one else should be admitted.
"Reducing the population in pre-trial detention and expanding the availability and encouraging greater use of community-based sanctions, where those are appropriate, is a clear way to do this safely and effectively. Legislation to address these key issues must be prioritised," it said.
