The Whitaker Committee Report 20 Years on 5
Total Page：16
File Type：pdf, Size：1020Kb
When it was published in The Report concluded it was In 2007, Ireland has over 1985, the Report of the “difficult to find convincing 3,000 people in prison, and if Committee of Inquiry into the proof that imprisonment current Government plans to Penal System – also known as operates as a major or build new super-prisons come the Whitaker Report – universal deterrent” to crime, to fruition, we will have a represented the most detailed and found incarceration a prison population nearly and thoughtful analysis of the poor crime prevention Irish prison system to date. three times that judged a strategy, noting that any such Over twenty years on, the sensible maximum by the effect is only “a temporary findings of the Whitaker Whitaker Committee. Committee remain vital for one since it lapses on the prisoner’s release”. Instead of decision-makers in Ireland. In this book, eighteen ever-growing prison contributors address the populations, the Committee The Committee challenged relevance of the Whitaker the cosy consensus among advised the expansion of non- Committee’s findings to the the press and politicians custodial forms of current debate on prisons and about the nature of prison, punishment, reparation and criminal justice in Ireland. and its role in the criminal restitution to victims and justice system. At a time other forms of community when Ireland was sanctions. Drawn from the ranks of experiencing unprecedented politics, academia, law, levels of crime, the Unfortunately, much of the human rights, the Committee – mindful of the Committee’s analysis fell community/voluntary sector costs and limitations of upon deaf ears, both in the and the Prison Service itself, incarceration – these voices urge pause for recommended capping the Government of the day and number of prison places at certainly of those reflection about Ireland’s 1,500. subsequently. current race to incarcerate. First published by The Katharine Howard Foundation. ISFC, 10 Grattan Crescent, Inchicore, Dublin 8. Tel. 01 4002107 Fax. 01 4531862 Email. [email protected] www.khf.ie © 2007 The Katharine Howard Foundation ISBN 978-0-9546911-3-4 This volume, produced in partnership with the Irish Penal Reform Trust (IPRT), forms part of The Katharine Howard Foundation’s publication series in which it is No. 4. The views expressed in this publication are those of the contributors and not necessarily those of the KHF and IPRT. Extracts may be photocopied provided acknowledgement is given to the publisher. Photographs © Derek Spiers Designed by Mark Joyce and printed in Ireland by Tralee Printing Works, Co Kerry. Contents: Preface page 5 Foreword by Dr T. K. Whitaker page 7 Executive Summary by Rick Lines page 9 Submissions: Fr Peter McVerry page 17 Dr Paul O’Mahony page 21 Sean Cassin OFM page 27 Ivana Bacik page 33 Senator Mary Henry page 39 Joan Burton TD page 43 Martin Ferris TD page 47 Mr Justice Dermot Kinlen page 53 Dr Mairéad Seymour page 57 Helen Haughton page 61 Gay Mitchell MEP page 65 John Lonergan page 69 John Clinton page 75 Dr Harry Kennedy page 81 Dr Ursula Kilkelly page 87 Pat Carey TD page 91 Frances Byrne page 95 Fr Ciaran Enright page 99 Notes and References page 102 Appendix page 104 Joint Preface by the Irish Penal Reform Trust and the Katharine Howard Foundation The Whitaker Committee Report 20 Years On 5 It is with great pleasure that the KHF’s focus is primarily on very grateful. Having Ken’s Katharine Howard Foundation prevention and early intervention support for this project helped to (KHF) and the Irish Penal Reform in relation to children and open many doors, and was a Trust (IPRT) bring you The families that are disadvantaged gentle encouragement to the Whitaker Committee Report 20 and marginalised. contributors. KHF and the IPRT Years On – Lessons Learned or would like to sincerely thank Ken Lessons Forgotten? Through this work it is obvious to and all the contributors for KHF that the recidivism in Irish making time in their busy lives to This publication reviews the prisons will not be tackled be part of this work. We would findings of the 1985 Whitaker without a radical shift of also like to thank Noelle Spring at Committee Report in the light of resources and a prioritising of KHF and Rick Lines at IPRT for present-day debates on criminal support for a preventative driving this project through to justice and prisons in Ireland. In approach to tackling social completion, Mark Joyce for his doing so, we hope it will exclusion and poverty. The design work and Derek Speirs for encourage thoughtful reflection Foundation welcomes the his lovely photographs. and critical debate in an area of growing interest in learning about public policy-making that too and applying policies that offer This project required modest often suffers from a lack of either. alternatives to prison and hopes funding which KHF was happy to that this report will assist in the contribute for the most part. This publication brings together endeavour of many organisations However, a generous contribution the contributions of a diverse and to promote new and different was also received from the St distinguished list of approaches to tackling crime and Stephen’s Green Trust, to whom commentators drawn from many punishment. we are very grateful for their sections of Irish society, including belief in and support of this politics, academia, law, human For the IPRT, this publication project. rights, the community/voluntary offers another opportunity to sector and the prison service. We promote informed public debate hope that their thoughts will on prison and criminal justice Claire Hamilton stimulate reflection and debate on issues; one that privileges Chairperson the future of prison policy in evidence-based policy-making Irish Penal Reform Trust Ireland. over the media din that all too often is allowed to drown out David Kingston KHF is pleased to have been sensible discussion on criminal Chairperson associated with this review as it justice policy. Katharine Howard Foundation gives us a mechanism by which thoughtful consideration on penal This publication would not have reform can be encouraged, a been possible without the social issue of concern to the encouragement received from Dr Foundation for a number of years. Ken Whitaker, to whom we are Foreword by Dr T. K. Whitaker The Whitaker Committee Report 20 Years On 7 It is over twenty years since, to my service. We recommended a limit on this context, that the Dóchas Centre surprise, I was asked by Garrret prison places as a spur to the for women prisoners faces closure FitzGerald as Taoiseach, to chair a introduction of more relevant and and removal to a less convenient Committee of Inquiry into the Penal less costly forms of legal redress and location. System. punishment. It seems that it is not just the penal The Committee saw in imprisonment Not much has changed in the years system, but the whole social system, little beyond temporary – and very since, apart from some overdue that needs attention, directed expensive – protection of the public, improvements in prison conditions. towards minimising the alienation with virtually no rehabilitative or from moral and constructive living of educational value. Far too many In addition to chairing the so many who, missing out on good people were – and still are – Committee of Inquiry, I have also had parenting and schooling, fall victim imprisoned for short periods of time the experience – for a four-year term to drug abuse and gravitate to crime for minor offences not involving – of chairing a parole board which as a route to peer acclaim and easy violence, such as debt, resulting in interviewed 100 murderers. money. overcrowding and unwarranted expense. What I have gained from all this is a The contributions to this volume greater appreciation of the derive from deep study and For such crimes, we recommended difficulties of dealing humanely and prolonged experience and deserve other penalties, particularly well- effectively with those at odds with serious and early consideration. designed and purposeful community civil society. It is disappointing, in Executive Summary by Rick Lines The Whitaker Committee Report 20 Years On 9 Rick Lines Executive Director, Irish Penal Reform Trust 10 The Whitaker Committee Report 20 Years On When it was published in 1985, temporary one since it lapses on deaf ears, both in the Government the Report of the Committee of the prisoner’s release”. While of the day and certainly of those Inquiry into the Penal System supporting the concept of subsequently. At a time when represented the most detailed and rehabilitative programmes, the Ireland was experiencing thoughtful analysis of Irish Committee concluded that unprecedented levels of crime, the prisons to date. Chaired by Dr T. “imprisonment cannot be Whitaker Committee – mindful of K. Whitaker, the Committee was justified merely on the grounds the costs and limitations of tasked with investigating all areas that it can be used to reform and incarceration as a response – of the penal system, including rehabilitate”. recommended capping the staffing and management, policy number of prison places at 1,500. and legislation and prison While prison was found to offer Today, Ireland has over 3,000 regimes, facilities and conditions. little in terms of positive prisoners, and if current The Whitaker Report’s outcomes, Whitaker and his Government plans to build two enlightened recommendations – colleagues did conclude that new super-prisons at Thornton now more than twenty years old – incarceration was “an expensive Hall, Co Dublin and in Co Cork remain important for decision- sanction”. Noting an annual cost come to fruition, we will have a makers today. of £29,000 to incarcerate one prison population nearly three person, the Committee concluded times that judged a sensible The Committee’s conclusions that “if imprisonment punishes, maximum by the Whitaker challenged – and indeed continue and often harms, the prisoner and Committee.