Almost 8% of remand prisoners in Ireland present with major mental illness (including schizophrenia) – almost ten times that of thegeneral population, according to Dr Conor O’Neill, consultantforensic psychiatrist from the Central Mental Hospital. Dr O’Neill was speaking at the fourth Prison Law Seminar on the topic of ‘Mental Healthin Prisons’ on 19 November 2009, writes Agnieszka Martynowicz (Research & Policy Officer, Irish Penal Reform Trust). The seminars are jointly hostedby the Irish Penal Reform Trust (IPRT), the Irish Criminal Bar Association and the Dublin Solicitors’ Bar Association. The forensic psychiatrist outlined the work of the Prison In-reach and Court Liaison Service (PICLS), aninitiative recently established in Cloverhill Prison.
 
The PICLS aims to divert mentally ill individuals away from the courts and the prison system into mental-health care through assessment of remand prisoners. While Ireland does not have specific legislation that deals with diversion to mental health services, current regulations regarding bail, for example, allow for such a course of action. The PICLS has successfully facilitated the transfer of almost 300 people from remand prisons to more appropriate therapeutic settings. The need for reform Dublin-based solicitor Dara Robinson outlined the need for reform of the mental health legislation. In his assessment, such legislation has only recently come to the attention of lawmakers as requiring significant change.
 
Until 2006, the main piece of legislation regulating this area was the Lunatics (Ireland) Act 1921 – a law largely ill-prepared for dealing with the modern approach to mental-health issues. Sean Gillane SC outlined some recent cases decided in the High Court and in the European Court of Human Rights (ECtHR) in relation to the treatment of prisoners and the impact on their mental health. Mr Gillane spoke in detail about the case of Devoy v The Governor of Portlaoise Prison (22 June 2009).
 
Among other arguments relating to allegedbreaches of Mr Devoy’s rights, his solicitors argued before the court their concern regarding the effects of being placed in a segregation unit and the consequent restricted regime on Mr Devoy’s mental health. In this case, the court disagreed with the applicant. The senior counsel then briefly outlined two recent cases decided by theECtHR – those of Orchowski v Poland and Norbert Sikorski v Poland, in which the court found that overcrowding in prisons amounted – of itself – to inhuman and degrading treatment contrary to article 3 of the European Convention on Human Rights.
 
This lack of space had been made worse by lack of exercise, lack of privacy, unhygienic conditions and frequent transfers between prisons. Mr Gillane argued that urgent attention is needed on the issue of overcrowding in Irish prisons and its impact on the mental health of prisoners. ‘Protection’ regime in prisons The seminar was attended by members of legal professions, staff of the Irish Prison Service, chaplains working in places of detention and other professionals involved in the delivery of education and care in prisons.