Dáil Éireann Debate, Thursday - 3 June 2004
157 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the position of the Government in relation to ratification of the Optional Protocol to the UN Convention against Torture which is open for signature and ratification; and the internal steps that have been taken by his Department and related Departments in order to prepare for ratification of this instrument. [17003/04]
View answerOn 18 December 2002, the third committee of the United Nations General Assembly adopted the draft Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment, OP-CAT. Ireland, along with other EU partners, fully supported the draft Optional Protocol and worked for its adoption at the UN General Assembly and the Commission on Human Rights. There are currently 25 signatory states to the optional protocol. The following EU member states are signatories to the optional protocol: Austria, Denmark, Finland, Italy, Malta, Poland, Sweden and the United Kingdom. Two of the former, Malta and the United Kingdom have ratified the optional protocol.
The object of the protocol is to establish a system of regular visits undertaken by independent international and national bodies to places of detention with a view to preventing torture and other cruel, inhuman or degrading treatment or punishment. The international body is proposed to be a subcommittee of the UN Committee against Torture and Other Cruel, Inhuman or Degrading Treatment. The national bodies may consist of one or several bodies as national preventive mechanisms for the prevention of torture at the domestic level.
Ireland's position in regard to the ratification of international instruments generally, including the Optional Protocol, is constantly reviewed in light of prevailing circumstances and in the context of the ongoing assessment and prioritisation of Ireland's international commitments. My Department is reviewing national legislation to ascertain whether legislative changes would be required before signature and ratification of the optional protocol. It will be necessary to consult with other Departments, including the Department of Health and Children and the Department of Education and Science, in relation to arrangements for the inspection of institutions for which they are responsible in which persons may be detained without their consent.
