Maternal Incarceration: Structural and Functional Failures in the Irish Prison System

- Tara Kilgallen, Junior Editor

Irish prisons are one of many examples of institutions directed towards the needs of men. Women represent on average 3.8% of the prison population with most committals concerning non-violent crimes (Irish Penal Reform Trust). Oftentimes, prison is used by judges as a first-resort policy for women in situations where it would be a last resort policy for men. This is illustrated by the example  that in 2021, 8% of female committals were for non-payment of court ordered fines, double the percentage as for men in the same year. 

In Ireland there are eleven prisons for males, with only two for females. This may initially seem reasonable considering the small proportion of the prison population which women make up, but a principal consequence has been the overcrowding of these female designated prisons. This blog focuses on the effect of the structure of women’s prisons on a hidden majority, Mothers. 

The main facility for female prisoners is the Dóchas Centre, opened in 1999. It is situated on the same site as a prison for men but with an independent entrance. It is a closed facility prison. The second option for females is the Limerick Prison, regarded as the most overcrowded prison in Ireland. This is also a closed facility. The overcrowding of these two prisons has overtaken policy discussions, allowing concerns over conditions and function to be ignored. 

The 2022 Progress in the Penal System study (PIPS) found that of 122 women in prison, 98 (78%) reported that they were mothers. The system fails to adhere to the needs of these incarcerated mothers. When fathers are incarcerated, children are more likely to be able to be cared for in their own home by their mother, whereas, when mothers are imprisoned, their children are more likely to have to live outside of the home. There are often adverse consequences of this displacement for the wellbeing of the child. 

Visitation is remarked as an essential element in maintaining a mother-child relationship. However the separated geographical locations of female prisons in Ireland, i.e. one situated in Limerick and the other situated in Dublin, means that children may have to travel far distances to visit their mothers, whereas men’s prisons are geographically scattered across the whole island. Costs of travel involved in such visits serve as another obstacle. The situation is exacerbated by overcrowding, meaning that there is no possibility for children to visit and stay with mothers. 

Another complex challenge arises in relation to pregnant women or those who have recently given birth. Babies are permitted to stay with their mothers in prison until they are 12 months old, something which criminologists regard as essential in maintaining mother-baby attachment. Criticism of the dealing with mothers and babies in the prison context is not unique to Ireland; it is estimated that approximately 500 women a year are separated from their children under 18 months in the UK (Powell et al, 2017). While it is worth noting that in exceptional circumstances, prison alleviates stress for some mothers, allowing access to support and healthcare, concerns for mothers and babies in the prison context remain. 

Mother and Baby units were designed within prisons to protect the best interests of the infant i.e. by allowing breastfeeding and contact with the mother. The act of the mother caring for her child is also seen as part of the rehabilitative process. However, the unit’s location in the Dóchas Centre’s general area raises concerns. Mothers and babies move freely around the prison, raising serious child protection concerns where it is within a prison population where some women may have committed violent crimes against children. Other reports have stated that babies are often locked in cells with mothers for too long. Furthermore, Saoirse Brady (Executive of the IPRT) noted in 2024 that the mother and baby unit at the Dóchas Centre was being used for ‘women on protection’ i.e. those that must be kept separate from the general prison population. 

As is generally the case in criminological studies, data is key. Further research in this area would make it easier to illustrate that there is a problem, in the hopes that such identification would catalyse improvements. Suggestions for reform include that women who are due to give birth or have recently given birth are only incarcerated in compelling circumstances or where there is no alternative, such as the consideration of drug addiction treatment services or mental health supports. Ashling Tobin of the IPRT suggests that ‘future sentencing guidelines should include the requirement that the best interests of the child and the impact of imprisonment on them be considered when a mother is remanded or sentenced to imprisonment’ (Prison Insider, 2023). Also, she suggests an expansion of sentencing options with a focus on gender responsive, community-based approaches. From a comparative point of view, in certain prisons in Canada, children are allowed to visit and stay with their mothers for two days a week, allowing the mother to undertake a full parental role. In the UK, the Assisted Prison Visit Unit helps low-income families with costs involved in escorting a child to visit a parent in prison. 

Overall, the current situation for mothers in prison in Ireland is easily subject to criticism. It may be said that it reflects the disproportionate rejection which women face from the prison system and a reminder of the misogyny entrenched in our institutions.