Flanagan: ‘Imprisonment should be the sanction of last resort’

Speaking at the Law Society of Ireland’s 15th Annual Human Rights Conference on Saturday, Mr Flanagan said his department would make penal reform a priority for his legislative programme, stating that he had over 60 justice bills to put before the Oireachtas during his term.

The minister said that he has a long-standing interest in Ireland’s prison system, having previously practiced as a solicitor in Portlaoise, a town whose name is synonymous with its famous prison.

He noted the personal and societal damage imprisonment can cause, citing damage to families and communities by the criminal justice system’s over-reliance on imprisonment as a criminal sanction. The criminal justice system must accordingly shift its focus from punishing convicts towards rehabilitation with a view to preventing re-offending.

He spoke of the failure of past administrations to address the personal problems that lead many into criminality. “Many imprisoned persons are not just poor economically. They are poor socially, educationally and emotionally… We need to equip them with the life skills they need to function outside of prison to prevent a circular pattern of reoffending.”

He spoke of his regret that the justice system often failed to assist young offenders to turn away from criminality: “It is a sad reflection on society when young offenders who are easily identifiable are not caught before slipping into a life of regular periods of imprisonment.”

Mr Flanagan said the criminal justice system should distinguish between violent criminals and non-violent criminals when considering whether a custodial sentence is the most appropriate sanction.

Deirdre Malone, executive director of the Irish Penal Reform Trust, welcomed the minister’s focus on rehabilitation. She stressed that a human rights centric approach to the penal system would be beneficial to all stakeholders; the imprisoned, the State, and society at large.

Ms Malone said: “Deprivation of liberty is the punishment; what happens inside the prison should not be a continuation of the punishment, but rather a rehabilitation process with a view to prevent re-offending.”

She stressed that imprisonment alone has proved to be an inadequate deterrent against reoffending, with 45 per cent of those who go through prison reconvicted within three years of release, at a “spectacularly expensive” cost to the exchequer of €330 million each year.

She urged the Government to re-invest some of the money for prisons in schemes to prevent people from slipping into criminality, saying: “Prisons should not be a warehouse for the failures of social policy.”

The conference also heard from two SAOL Project peer workers who had been affected by imprisonment. Paula Kearney spoke about her difficulty accessing drug rehabilitation in prison, while Erika Browne spoke about the impact of imprisonment on her partner’s mental health.

Mary Rogan, associate professor in law in Trinity College, addressed the conference on the history of the Irish prison system since independence. She noted that a massive increase in the number of people incarcerated in Ireland has been ongoing since the late 1960s.

Professor Rogan cited the start of The Troubles, the introduction of heroin and other drugs into Irish society, and the “tough on crime” attitudes on various governments as key factors leading to the present overcrowding of Irish prisons.

Joan Deane, a founder of Advocates for the Victims of Homicide (AdVIC) told the conference that she felt that the criminal justice system failed to give a voice to the families of victims of serious crime.

Kevin Burns, Irish Legal News