Prisoners who failed or missed drug tests allowed to keep special privileges

Audit of the Irish Prison Service’s incentivised regime system found that in half of 201 cases involving failed or missed drug tests,  the prisoner was not downgraded as required under policy

At some jails, discretion had been used where a prisoner had made a 'once-off slippage', while in other cases, inmates were moved from an enhanced to a 'standard' regime instead of the lower 'basic' level.

Prisoners who failed or missed drug tests were allowed to keep special jail privileges including increased visits, better accommodation, and a higher chance of getting temporary release.

An audit of the Irish Prison Service’s (IPS) incentivised regime system found that in half of 201 cases involving failed or missed drug tests,  the prisoner was not downgraded properly as required under policy.

In Wheatfield Prison in Dublin alone, 43 positive drug tests resulted in “no action taken.” 

At some jails, discretion had been used where a prisoner had made a “once-off slippage”, while in other cases, inmates were moved from an enhanced to a ‘standard’ regime instead of the lower ‘basic’ level.

The internal audit also found that in the four jails examined — Cork, Wheatfield, Castlerea in Roscommon, and the Dublin Dóchas female prison —
there was no formal operational drug-testing programme.

It said the system for monitoring drug use was random, often dependent on suspicion, and undermined by ongoing staff shortages.

The audit explained: “Operational drug testing requires the presence of two staff members, a requirement often unmet due to existing staffing constraints at prison facilities.” 

The audit also found that some prisoners were being upgraded to an incentivised regime without meeting requirements.

There were 134 cases where prisoners were given enhanced benefits without having served 56 days at the standard level.

The November 2024 report said: “There was no explanation provided on the documents, nor was any authorisation recorded on the [prison system].” 

The audit discovered flaws in the appeals system as well, saying around 40% of cases concerning incentivised regimes were not decided within the required five days.

In two prisons, Castlerea and Cork, none of the reviews were completed in time.

The audit also highlighted significant issues around work training and structured activities for prisoners, which regularly had to be cancelled due to a lack of staff.

At Cork Prison, specialised workshops in maintenance, fabrics, and printing were shuttered because there were not enough employees to run them.

Such courses are considered key parts of rehabilitation for inmates and help reduce the chances of recidivism when a person is released from custody.

Other findings from the report included that the policy on incentivised regimes was out of date and had not been updated since 2012.

It said there were inconsistent privileges in different prisons with variations on rules around clothing and gym access.

Major data and oversight gaps were identified as well, with the recording of attendance at work and training primarily paper-based.

Asked about the audit, a spokesman for the IPS said it is committed to managing sentences in a way that encouraged prisoners “to live law abiding and purposeful lives”. 

He said: “The policy for the operation of incentivised regimes provides for a differentiation of privileges between prisoners who demonstrate positive behaviour in prison while engaging with services and those who do not.

“The objective is to provide tangible incentives to participate in structured activities and to reinforce incentives for positive behaviour, leading to a safer and more secure environment for prisoners, staff and visitors alike.” 

The spokesman said the policy was reviewed and updated earlier this year and that in June 2024, it had “re-energised a full programme of random and intelligence-led operational drug testing for prisoners”.