Time for McDowell to heed advice

FORMER High Court judge Dermot Kinlen is well placed to be critical of the manner in which the independent inquiry into the death of Gary Douch in Mountjoy Prison is being conducted.

He is correct in his opinion, expressed in a weekend interview, that an independent inquiry should not be conducted by a former general secretary of the Department of Justice, which Michael Mellett is.

Apart altogether from his experience on the bench, more pertinent is the fact that Justice Kinlen is the current Inspector of Prisons and as such has been persistently critical of the prison system in this country.

Earlier this year he went so far as to describe the prison system as a “total failure,” and accused Justice Minister Michael McDowell and “his mandarins” of having tried to control him with rules.

Potent words from a former High Court judge, but obviously symptomatic of the frustration he felt that his recommendations and observations over the past three years were being side-lined.

Had many of his criticisms on overcrowding, drugs, prisoners’ rights and rehabilitation been taken seriously instead of being discarded, possibly the crisis being witnessed now could have been averted.

Despite the fact that he was appointed by the present Government, his strong and harsh reports into the appalling conditions of Irish prisons have been virtually ignored. His current report for the past 12 months has yet to be published, although the minister received it last April.

Speculation would suggest it contains references to Mountjoy Prison which would prove highly embarrassing for the minister, now facing a call from prison officers that a state of emergency be declared there.

The judge’s criticism of Mountjoy is not that of a lone voice. Governor John Lonergan has long been a critic of the outmoded and overcrowded institution and has not hesitated to challenge the minister.

Were he sincere about changes urgently required there in particular, and the system in general, the minister would do well to listen to the judge and the governor.