Wednesday, 17 February 2021

Questions (584)

Peadar Tóibín

Question:

584. Deputy Peadar Tóibín asked the Minister for Justice if the report in relation to the difficulties experienced by a person (details supplied) in a prison will be published; if the Director General of the Irish Prison Service has issued recommendations on the basis of the report; if she actioned these recommendations; if so, the recommendations actioned; and the actions that were taken. [7910/21]

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Written answers (Question to Justice)

The Deputy will appreciate that I am not in a position to go into detail in relation to individual prisoner matters.

I can advise the Deputy that under Rule 57 (B) of the Prison Rules 2007, SI 11/2013 a Category A investigation is carried out by an external investigator appointed by the Director General of the Irish Prison Service. Following the completion of this investigation, the investigator shall submit a report to the Governor, unless the Governor is the subject of the complaint, and the Director General.

Under Section 10 (b) of Rule 57 (b), The Governor, or the Director General where the Governor is the subject of the complaint shall make his or her finding on the basis of the report that:

(i) there are reasonable grounds for sustaining the complaint,

(ii) there are no reasonable grounds for sustaining the complaint,

or

(iii) it has not been possible to make a determination as set out at (i) or (ii) above

and may state the reasons for his or her finding.

The Governor or the Director General where the Governor is the subject of the complaint shall also decide what action, if any, should be taken and this shall be documented.

While I understand that arrangements are being made to action the recommendations made on foot of the report, it should be noted that there is no provision in the Prison Rules for investigation reports or Governors findings to be made public.