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Treatment of Prisoners.

Dáil Éireann Debate, Wednesday - 23 June 2004

Wednesday, 23 June 2004

Questions (149)

Aengus Ó Snodaigh

Question:

151 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if Ireland supported or opposed the ratification of the basic principles for the treatment of prisoners, adopted and proclaimed by the United Nations General Assembly on 14 December 1990; and his views on the fact that this declaration expresses the agreed international minimum standards for the treatment of prisoners and must therefore underpin prison legislation and policy in this State. [18891/04]

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Written answers

Ireland, together with the other member states of the EU, supported the adoption of United Nations General Assembly resolution 45/111, to which the basic principles for the treatment of prisoners are annexed. The resolution was adopted without a vote on 14 December 1990. The basic principles had been recommended for adoption by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, which was held in Havana, Cuba from 27 August to 7 September 1990.

Such resolutions of the General Assembly outline the generally accepted political consensus among member states of the United Nations but are not legally-binding and do not impose legal obligations on states. Since they are not international legal instruments, they are not open for signature or ratification.

The Rules for the Government of Prisons 1947 provide a very detailed regulatory framework for every operational aspect of prison life and set out in considerable detail the full range of rights, duties and obligations for prisoners, prison staff and management.

Proposals for new prison rules have been prepared in my Department and transmitted to the Attorney General for legal drafting. I wish to advise the Deputy that relevant UN and Council of Europe instruments are being taken into account in the drafting of the new prison rules. The rules will come into force, as a statutory instrument, as soon as possible after the text has been finalised.

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