Dáil Éireann Debate, Wednesday - 24 September 2014
16. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality her plans to extend the oversight powers of the Ombudsman’s office to cover our prisons and our immigration system including our direct provision centres. [35406/14]
View answerThe question of extending the remit of the Ombudsman is in the first instance a matter for the Minister for Public Expenditure and Reform and that remit was significantly extended under the Ombudsman (Amendment) Act 2012. However, after careful consideration of all the issues involved, it was determined that the administration of the law relating to immigration or naturalisation, including direct provision centres, should not be within the scope of the Ombudsman. Not least in this debate was the fact that there are already a significant number of appeal processes built into the system including Judicial Reviews. That said, the matter will be kept under review. I should also add that the Irish Naturalisation and Immigration Service (INIS) has administrative arrangements in place with the Office to assist and provide information and help resolve any matters brought to its attention.
In terms of oversight of our prisons, the Office of the Inspector of Prisons has been established on a statutory basis since 2007 by virtue of Part 5 of the Prisons Act, 2007 and is independent. The Inspector has an important role in ensuring an effective independent oversight of our prison system and has my full support in carrying out his remit.
I intend to strengthen the independent oversight of our prison system. In line with plans announced previously, the Government has approved the drafting of a General Scheme of an Inspection of Places of Detention Bill, which will include provisions to make Visiting Committees more effective, while they continue their role of visiting prisons, meeting with prisoners, and liaising on their behalf with prison authorities. I believe this will make them more effective and improve the independent oversight of our prisons.
Once finalised later this year, the General Scheme will be referred to the Joint Committee on Justice, Defence and Equality for pre legislative scrutiny and for the conduct of a broad consultation process with civil society. Following the conclusion of this consultation process Parliamentary Counsel will be requested to draft the Bill in line with the General Scheme.
In the circumstances I am not convinced that there is any added value in extending the remit of the Ombudsman to our prisons.
