Dáil Éireann díospóireacht -
Tuesday, 15 Oct 1996

Vol. 470 No. 1

Written Answers. - Prison Staff.

Kathleen Lynch

Ceist:

98 Kathleen Lynch asked the Minister for Justice the proposals, if any, she has to devolve responsibility for disciplining prison officers to the relevant governors in view of the revelations in the European Committee on the Prevention of Torture report. [18397/96]

Minister for Justice (Mrs. Owen)

My primary concern on staff disciplinary matters in the prison service in recent times has been the establishment of a code of discipline for the prison service. Such a code has now been established with the introduction of the Prisons (Disciplinary Code for Officers) Rules, 1996, with effect from 1 October 1996 (S.I. No. 289 of 1996 refers).

The main purpose of this code is to establish a formal structure for dealing with disciplinary matters which recognises the principles of natural justice established in recent case law, for example, the entitlement of an officer accused of a disciplinary offence to have an oral hearing and to have the opportunity to cross-examine the person making allegations against him or her and any relevant witness. The Governor of each institution is responsible for the administration of the disciplinary system prescribed by the code up to the point of conclusion of an oral hearing which should establish fault or otherwise, at which stage the Governor makes the appropriate recommendation to the Minister, including a recommendation as to the appropriate penalty. I have no plans to change this situation.

The prison service code of discipine does not alter the role of the Minister as the person who must make all decisions in disciplinary cases under the Prison Rules of 1947 or as the "appropriate authority" under the Civil Service Regulation Act, 1956. The powers of the Minister under the 1947 Rules or the 1956 Act do not provide for the delegation of the decision-making function.