Dáil Éireann debate -
Wednesday, 27 Nov 2002

Vol. 558 No. 2

Written Answers. - Prison Monitoring.

Aengus Ó Snodaigh

Question:

225 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the Government's position on the IPRT's recommendation to establish a comprehensive system of oversight for Irish prisons, including an independent complaints system, an independent inspectorate and ombudsman and reform of the system of visiting committees. [24063/02]

Minister for Justice, Equality and Law Reform (Mr. McDowell):

I am aware of the recommendations on accountability contained in the IPRT's report, entitled Toward a Model Penal System, which was published in 2001.

It is always useful to receive suggestions and recommendations from non-governmental organisations. However, it should be recognised that there is very considerable accountability and independent scrutiny in place in the prison system. In April the Honourable Mr. Justice Dermot Kinlen was appointed an inspector of prisons and places of detention on an administrative basis. He has been provided with accommodation and support staff. His terms of reference are as follows: to inspect and report as he considers appropriate to me on prisons and other places of detention managed on behalf of my Department by the prison service; to report on conditions in those institutions and on the regimes in place for prisoners and detainees; to investigate and report on specific issues referred to the inspectorate by me; and to submit an annual report on the inspectorate's activities to me as Minister.

The Irish prison system is also subject to periodic inspection and ad hoc visits by the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, which operates under the aegis of the Council of Europe. It is composed of lawyers, medical doctors, prison experts and parliamentarians from member states. During these visits it has the right of unimpeded access at any time of the day or night to any place where persons are detained, whether it be a prison, a Garda station or a mental hospital. Committee members are entitled to speak in private to any detained person. The committee made its third periodic visit to Ireland from 20 to 28 May and its report of the visit is expected shortly.

A visiting committee is appointed to each prison under the Prisons (Visiting Committees) Act, 1925, and Prisons (Visiting Committees) Order, 1925. Its function is to visit, at frequent intervals, the prison which it is appointed to and hear any complaints which may be made to it by a prisoner. It reports to me any abuses observed or found by it in the prison and any repairs which it thinks may be urgently needed. It has free access, either collectively or individually, to every part of the prison. During prison inspections it focuses on issues such as quality of accommodation, catering, medical, educational and welfare services and recreational facilities. It also submits annual reports to me which are subsequently published.

There are no specific criteria used in selecting individuals for appointment. The composition of each committee is drawn from as wide a spectrum as possible to ensure that the needs of prisoners are understood and met. This is the longstanding practice used by successive Ministers in appointing members to the visiting committees.

I am satisfied with the composition and proceedings of the visiting committees. They perform a very valuable service and I take this opportunity to thank them for their efforts and hard work. In the context of the consolidation and modernisation of the prison rules generally, at present under way, the rules governing visiting committees will be revised and updated where appropriate.

Prisoners have a number of avenues open to them to make complaints or requests. They have access to staff, the governor, a visiting committee, my Department and the courts. Prisoners may also write to the European Commission of Human Rights and/or the European Committee for the Prevention of Torture and Inhuman and Degrading Treatment. They may also meet officials of my Department on request to discuss any issue of concern. In the circumstances I have no plans to provide for an ombudsman for prisoners.