Breeda Moynihan-Cronin (Kerry South, Labour)
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Question 61: To ask the Minister for Justice, Equality and Law Reform the number of cases for compensation lodged to date by serving or former prisoners arising from the lack of in-cell sanitation; the details of his response to the claims lodged; when all prisons will be fully equipped with in-cell sanitation; and if he will make a statement on the matter. [4936/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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Approximately 400 letters have been received in my Department from solicitors representing former and serving inmates in this State alleging that their clients' human rights have been violated due to the practice of slopping out. The majority of cases relate to inmates imprisoned in Cork, Limerick and Portlaoise Prisons. I have instructed the Irish Prison Service to contest these claims vigorously.

Construction on a new accommodation block for 150 inmates at Portlaoise Prison will commence shortly and be completed by 2007. As the costs and operational issues of retrofitting in-cell sanitation in Mountjoy and Cork Prisons is prohibitive, the Irish Prison Service is looking to develop new state-of-the-art prison facilities on greenfield sites. In the case of Mountjoy Prison, a site has recently been purchased. With regard to Cork Prison, my officials and the Office of Public Works are examining plans for a new prison development on Spike Island.

Joe Costello (Dublin Central, Labour)
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That is essentially the same answer the Minister gave me when I asked this question six months ago. Is he saying that there have been no further applications received by his Department in more than six months? The figures given in the media have been double that. I would like to get some idea of a breakdown for the various prisons mentioned, so that we can get a proper picture of the situation there. The inspector of prisons called for the closure of the prisons due to a lack of in-cell sanitation in recent years. The Minister has still not published the last report by the inspector of prisons. Can he tell the House when he intends to do so? The European Committee for the Prevention of Torture also condemned Irish prisons. What advice has the Minister received from the Attorney General regarding the cases that are now being taken against the Government on this matter?

Michael McDowell (Dublin South East, Progressive Democrats)
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While I will obviously not discuss in detail the advice of the Attorney General on any matter, the State is contesting these cases vigorously. Perhaps the Deputy is aware that a decision was handed down by the High Court the other day which dismissed a claim. It did not receive much publicity.

While I agree with the Deputy that independent observers are appalled by slopping out, as am I, the difference is that I am doing something about it whereas predecessor Governments did nothing about it. I am tackling a problem about which others have only talked and am glad of Deputy Costello's support. I am also glad that he reminded me of independent calls for the closure of Mountjoy Prison and of support for my plan to close it and replace it elsewhere, which comes from an independent source.

Joe Costello (Dublin Central, Labour)
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The Minister has been saying it for a long time.

Michael McDowell (Dublin South East, Progressive Democrats)
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It is a view wholly different from that advocated constantly by Deputy Costello and people close to him.

Michael McDowell (Dublin South East, Progressive Democrats)
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I am taking every step which is reasonably open to me to end the practice of slopping out which I find offensive in this day and age. I intend to pursue the matter.

Jim O'Keeffe (Cork South West, Fine Gael)
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To provide us with an idea of the extent of the problem within the prison system, will the Minister indicate the total number of cells under his domain and the number which do not have in-cell sanitation? Will he also indicate the amount of the award given by the European Court of Human Rights in the relevant Scottish case, to give the House an idea of the potential bill with which we might be confronted if that court upholds claims?

Michael McDowell (Dublin South East, Progressive Democrats)
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The Scottish case turned on its own facts and did not involve an ordinary prisoner who claimed the offence of slopping out entitled him to damages. There were special considerations relating to his medical state which justified the complaint in the case.

Jim O'Keeffe (Cork South West, Fine Gael)
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It was £5,000 sterling.

Michael McDowell (Dublin South East, Progressive Democrats)
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The Deputy is suggesting——

Jim O'Keeffe (Cork South West, Fine Gael)
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The purpose of the question is to obtain information.

Michael McDowell (Dublin South East, Progressive Democrats)
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I do not recall what the claimant received.

Jim O'Keeffe (Cork South West, Fine Gael)
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It was approximately £5,000 sterling.

Michael McDowell (Dublin South East, Progressive Democrats)
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I refer Deputies to the report of the European Court of Human Rights in Strasbourg. I am sure the information is available to them separately.

Joe Costello (Dublin Central, Labour)
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We are concerned about the cost to taxpayers.

Jim O'Keeffe (Cork South West, Fine Gael)
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What is the extent of the problem? How many cells are involved?

Michael McDowell (Dublin South East, Progressive Democrats)
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Our prison system has traditionally operated on the basis of slopping out, which I regard as unacceptable. I reiterate that no Minister holding my office acted as decisively as I have to bring the practice to an end. I welcome support for ending it but regard it as slightly ironic that every step I have taken to do so has been criticised viciously by those who now huff and puff about their worry regarding the cost to taxpayers.

Joe Costello (Dublin Central, Labour)
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When does the Minister expect to deal with the problem?

Jim O'Keeffe (Cork South West, Fine Gael)
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Will the Minister answer the question and stop bluffing?

Joe Costello (Dublin Central, Labour)
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The Minister knows we all oppose slopping out, but we disagree with the way he is addressing the matter. The Minister can upgrade prisons.

Michael McDowell (Dublin South East, Progressive Democrats)
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It is sad to see a Deputy who is doing his best to prevent the modernisation of the Irish Prison Service posing as someone who is worried about prisoners' rights.