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Dáil Éireann debate -
Wednesday, 27 Nov 2002

Vol. 558 No. 2

Other Questions. - Prison Research.

Brendan Howlin

Question:

52 Mr. Howlin asked the Minister for Justice, Equality and Law Reform if he has refused access to Irish prisons to an Amnesty International research mission; the basis on which this decision was made; if he refused to meet or accept a telephone call from the secretary general of Amnesty to discuss the matter; his views on whether this is an appropriate way to treat a prestigious international organisation with a long track record of defending human rights throughout the world; and if he will make a statement on the matter. [23705/02]

Ciarán Cuffe

Question:

58 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the reason he is refusing to allow a research mission from the non-govenmental organisation, Amnesty International, access to prisons here; his views on future proposals in this regard; and his further views on whether this contrasts with Ireland's call for an independent assessment of prison conditions, and makes it difficult for the State to argue for a strong human rights line in international fora. [23820/02]

I propose to take Questions Nos. 52 and 58 together.

I wish to make it absolutely clear that there is no question of any kind of a blanket refusal of access to Irish prisons in so far as Amnesty International is concerned. The Government and Members on all sides of the House greatly value the work of Amnesty throughout the world and continue to support its work in the interest of promoting and safeguarding human rights.

What is at issue here is a joint proposal from Amnesty International and the Irish Penal Reform Trust for a research project on racism in Irish prisons. In the normal course I would be entirely disposed to facilitate the two organisations concerned in conducting a project of this kind. For example, in recent times, my Department afforded access to prisons to the Irish Penal Reform Trust access for a study of the use of segregated cells. This involved granting access to prisoners, prison staff and prison records.

The proposed Amnesty International-IPRT research on racism is not being facilitated, however, for one reason, namely, that similar independent research on racism in our prisons is already being conducted by the National Training and Development Institute which was the successful applicant in a publicly advertised competition for tenders. It makes no sense to have overlapping research on racism being conducted simultaneously in the prisons by independent organisations. This view was conveyed to Amnesty International in detailed correspondence in July and September of this year. That letter also apprised Amnesty International of my view that the better approach would be to conclude the ongoing NTDI research and to proceed without further delay to design and implement a racial and cultural awareness programme for prison staff and prisoners on the basis of the research findings.

In this connection, I want to emphasise that I was perfectly happy, indeed anxious, to let Amnesty know the reasons behind the decision in this case. I did this by way of a comprehensive letter of explanation. I am not sure what issue arises from the fact that I may not have been available for a personal meeting or phone call. I might add that, in the interest of openness and transparency, the aforementioned correspondence also contained an undertaking that Amnesty International and the Irish Penal Reform Trust would be provided with a copy of the NTDI research report and information on the implementation and evaluation of the programme for staff and prisoners in due course.

The fact that Amnesty International and the IPRT are not being facilitated on this occasion has no implication for either organisation in their being afforded access to prisons for appropriate purposes and I reject any suggestion that the decision in this case amounts to exclusion of either organisation from any future research or other project involving prisoners. Comparisons in these circumstances between Egypt, Turkey and Ireland are simply wide of the mark.

I do not believe they are that wide of the mark. The Minister has excluded those two organisations. A short time ago he had no money.

I have not excluded anyone.

Yes, he has. Why is the Minister so anxious to prevent two highly respected organisations, one domestic the Irish Penal Reform Trust – the other internationally – Amnesty International – from conducting, without any cost to the Government, a survey and research into the possibility of racism in Irish prisons, when he is prepared to allow such a survey to be carried out by the National Training and Development Institute? Moreover, he is only paying for the survey to be conducted in Wheatfield Prison. The other organisations were going to carry out their research in the major prisons at Mountjoy, Cloverhill, Cork and Limerick.

Even if, as is obviously the case, the Minister was to continue the training programme with the National Training and Development Institute, he could have allowed the research to be carried out in the other prisons. Does he have anything to hide, or is this a form of begrudgery because Amnesty International was critical of the policies on racism of the previous Government? Prison officers have no objection to Amnesty International conducting a survey. Will the Minister indicate if there is any good reason Amnesty International is not allowed into the prisons?

The management of the Prison Service has on many occasions permitted research of various kinds to be carried out in Irish prisons. One of the difficulties with unfettered research in Irish prisons is that they are effectively turned into research projects for people who are, no doubt, inspired by a benevolent impetus. The board of the Irish Prisons Service has set up a separate committee to evaluate all proposals for such research projects and to decide the standard that should apply to them. The committee, which is chaired by Professor Patricia Casey, takes these matters seriously. The prisons are not test benches where everybody seeking to conduct research can come and go as they please.

I am not talking about everybody.

It is not the case that the corridors of our prisons will be populated by people with clipboards.

I am asking about Amnesty International.

The State examined the particular proposal in an orderly way. I was disappointed today—

The Minister is already a prisoner of the Department of Justice, Equality and Law Reform.

Will the Deputy stop harassing me?

An Leas-Cheann Comhairle:

The Minister should be allowed to answer the question.

I was disappointed today—

The Minister has entered the gulag.

I was disappointed today to hear—

I thought the Minister was an independent person.

It is obvious that the Deputy does not want to hear the answer.

The Minister is not answering the question I asked.

An Leas-Cheann Comhairle:

Please allow the Minister to continue.

I was disappointed to hear the suggestion made today on the radio that the National Training and Development Institute survey, which was commissioned after a public tender competition, was less than independent. I have full confidence in the professionalism of the NTDI. I do not want competing surveys and programmes in our prisons. I reiterate that I have the height of respect for Amnesty International and the Irish Penal Reform Trust. I will view positively any proposal made by the organisations to conduct worthwhile research in an Irish prison.

Why not allow the research I have mentioned?

An Leas-Cheann Comhairle:

We have gone over time on this question. I have to call Deputy Cuffe.

I will not throw away control of the prisons to anyone.

The Minister should obey Standing Orders as well.

Is it not a serious indictment of the Minister's predecessor that he would not reply to correspondence from the international secretary general of Amnesty International? I find it curious that the Minister has claimed that the NTDI is entirely impartial and objective, as the report it will write will be sent to the Department of Justice, Equality and Law Reform for viewing, vetting and possible rewriting before it is made available to the public. The importance of a truly independent study, as offered by Amnesty International, should not be underestimated. It is a matter of great concern that the report being offered by the Minister will be vetted and may be rewritten by his Department. How can the Minister assure the House that the report will be independent, impartial and objective, compared to a report of an outside, non-governmental organisation?

Amnesty International and the Irish Penal Reform Trust are independent organisations and are free to form any judgments they like. I do not criticise them, but they should be slow to criticise a professional group of people that has succeeded, in an openly advertised tender competition, in winning the right and the obligation to conduct detailed research on the Irish Prisons Service. Deputies should be careful before they imply that anybody who is retained by my Department is not independent. Non-governmental organisations, including some that later say they are independent, sometimes come to my Department in search of financial support, so it cuts both ways. As far as I am concerned, the decision made by my predecessor was appropriate and I do not propose to be brow-beaten into changing it.

The Minister should use his own judgment.

There were good grounds for the decision to proceed with the NTDI research, which was initiated before a proposal had been made to proceed on an international basis.

Can I ask the Minister when he expects the NTDI study to be completed? When it has been finished, will he allow or invite Amnesty International to carry out a study?

I have said already that representatives of Amnesty International's partner in the proposed research, the Irish Penal Reform Trust, visited me recently. There were a number of items on the agenda, including this issue. In the course of the constructive conversation I had with the IPRT officials, I said that although I was allowing the NTDI study to proceed, they would be more than welcome to bring forward a proposal to evaluate the consequences of the research and a programme to increase awareness of racism. I have invited the IPRT to approach me on the issue at a future date.

Amnesty International has not been similarly approached.

In the circumstances I have outlined, I do not see how I can be accused of covering anything up.

When will the NTDI study be finished?

I hope that it will be concluded within the next 12 months.

Written Answers follow Adjournment Debate.

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