The Irish Prison Service

In order for the necessary progress to be made in terms of protections and accessibility for people with disabilities, a vital sector of the justice system to be invested in is the provision of interpreters and intermediary services.

Article 13 of the United Nations Convention on the Rights of Persons with Disabilities establishes that member states must guarantee access to justice that is both equal and implemented through the provision of proper accommodations. 208 The National Disability Association believes that a ‘registered intermediaries scheme’ would be essential to carrying out the purposes of Article 13.

209 Although the Criminal Evidence Act 1992,210 and the

Criminal Justice Act 2017,

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have set out the provision of intermediary services, there has yet to be any definitive legislation or policy enacted to solidify this measure. Both intermediaries and interpreters are an integral part of the accessibility and judicial process as these are trained professionals with the required skills to assist in communication and clarify any procedural barriers. Their services would enhance and enable communication from the investigative report stage to the criminal trial process, thus resolving many of the previously raised concerns and challenges for people with disabilities in the justice system.

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Therefore, if the government prioritized establishing a scheme for these services, allowing all victims, suspects and witnesses to avail of these supports, the difficulties and injustices that continue to arise would certainly be partially addressed and this would further facilitate better access to justice in all stages of the criminal justice process.

II. The Irish Prison Service

208 National Authority and National Authority, 'NDA Independent Advice Paper On The Use Of Intermediaries In The Irish Justice System | The National Disability Authority' (Nda.ie, 2020) <https://nda.ie/publications/justice-and-safeguarding/access-to-justice/nda-independent-advice-paper-on-theuse-of-intermediaries-in-the-irish-justice-system.html> accessed 21 November 2021. 209 National Authority and National Authority, 'NDA Independent Advice Paper On The Use Of Intermediaries In The Irish Justice System | The National Disability Authority' (Nda.ie, 2020) <https://nda.ie/publications/justice-and-safeguarding/access-to-justice/nda-independent-advice-paper-on-theuse-of-intermediaries-in-the-irish-justice-system.html> accessed 21 November 2021. 210 Criminal Evidence Act 1992, s 14. 211 Criminal Justice (Victims of Crime) Act 2017. 212 National Authority and National Authority, 'NDA Independent Advice Paper On The Use Of Intermediaries In The Irish Justice System | The National Disability Authority' (Nda.ie, 2020) <https://nda.ie/publications/justice-and-safeguarding/access-to-justice/nda-independent-advice-paper-on-theuse-of-intermediaries-in-the-irish-justice-system.html> accessed 21 November 2021.

It is one of the official roles of the Irish Prison Service (IPS) to assist people in prison to maintain family relations and contact with the wider community.

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The IPS is responsible for providing safe and secure custody with dignity of care for people committed to prison.

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The Equality, Diversity and Inclusion Unit of the IPS is in place to ensure that the IPS meets its duties under legislation,

215 to eliminate discrimination, promote equality of opportunity, and to

protect human rights.

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Furthermore, the Public Sector Equality and Human Rights Duty,217 places a statutory obligation on public bodies to eliminate discrimination, promote equality of opportunity and protect the human rights of those to whom they provide services and staff when carrying out their daily work.

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European lawalso requires that each organ of the State perform its functions in a manner compatible with the State’s obligations under the European Convention on Human Rights.

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Despite the statutory provisions mentioned, research has found that prisoners with disabilities have been unable to access adequate prison services. Like other areas of society, people with disabilities are not adequately protected in prison environments. Legal action has also been taken by prison employees with disabilities who have not been afforded equal opportunities as a direct result of their disability. The recent research and case law sheds some light on the many issues faced by prisoners and people working in prisons with disabilities.

In early 2020, the Irish Penal Reform Trust (IPRT) launched a report regarding rights for people with disabilities in prison.

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The report found that despite the fact that prisoners’ rights are guaranteed by both Irish legislation and EU law, prisoners with disabilities are often discriminated against and experience a lack of support.

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The research was gathered through interviews with prisoners with physical and mobility impairments, mental health disabilities,

213 Department of Justice, ‘Irish Prison Service’s Role’ <https://www.justice.ie/en/JELR/Pages/irish_prison_service_role> accessed 20 November 2021. 214 Department of Justice, ‘Irish Prison Service’s Role’ <https://www.justice.ie/en/JELR/Pages/irish_prison_service_role> accessed 20 November 2021. 215 Irish Human Rights and Equality Commission Act 2014 s 42, Employment Equality Acts 1998 – 2015, Equal Status Acts 2000 – 2015. 216 Irish Prison Service, ‘Equality, Diversity & Inclusion Unit’ <https://www.irishprisons.ie/informationcentre/equality-diversity-inclusion-unit/> accessed 20 November 2021. 217 Set out in s. 42 of the Irish Human Rights and Equality Commission Act 2014. 218 Irish Prison Service, ‘Equality, Diversity & Inclusion Unit’ <https://www.irishprisons.ie/informationcentre/equality-diversity-inclusion-unit/> accessed 20 November 2021. 219 The European Convention on Human Rights Act 2003, The Charter of Fundamental Rights of the EU. 220 Irish Penal Reform Trust, Making Rights Real for People with Disabilities in Prison (2020) <https://www.iprt.ie/site/assets/files/6611/people_with_disabilities_in_prison.pdf> accessed 10 January 2022. 221 Irish Penal Reform Trust, ‘Making Rights Real for People with Disabilities in Prison’ (IPRT, 15 Jan 2020) <https://www.iprt.ie/iprt-publications/making-rights-real-for-people-with-disabilities-in-prison/> accessed 20 November 2021.