Written Answers. - Human Rights Report.
John Gormley
Ceist:
62
Mr. Gormley
asked the
Minister for Justice, Equality and Law Reform
if he will make a statement on the United States of America's State Department's human rights report on Ireland published in January 1998, which referred to human rights problems relating to overcrowding in prisons, the continuation of special arrest and detention authority and the non-jury court, discrimination against refugees, instances of abuse by police and prison officials, discrimination and violence against women and abuse of children.
[6695/98]
I have recently received the report referred to and a considered response will be made to the matters raised in the report, in consultation with the Department of Foreign Affairs through the appropriate diplomatic channels.
Following is the progress made to date in relation to individual points raised: the Government's current prison building programme will provide over 1,000 additional places within the first two years of this Government. I am committed to the provision of a total of 2,000 additional places over the life of this Government, the following sets out the progress made regarding the programme for the provision of additional places: Limerick ‘D' Block — 60 places — construction completed and being brought into use at present; Castlerea main prison — 152 places — construction is complete and the prison is being fitted out for early occupancy; the new remand prison beside Wheatfield, in Dublin — 400 places — construction work to be completed late this year; the new women's prison at Mountjoy — 80 places — construction work to be completed late this year. The planning for the provision of a new prison at Portlaoise is well under way. Competitive tenders for the provision of this new 400 prisoner facility, by means of a private sector design, build and finance package, have been received and are being evaluated at present. Construction is to be completed within 15 months from the date of commencement, i.e. by mid-1999.
All these projects will provide well over 1,000 new prison places. My Department is now commencing planning for the remaining places that are to be provided during the life of this Government.
I have no details of the number of complaints made by prisoners about alleged mistreatment in 1997 but I understand that the figure would be small. In any event, there was no case of disciplinary procedures being invoked against any officer arising from such a complaint. There is a well established procedure in the Prison Service for the investigation of complaints — prisoners may make a complaint to the Governor or the Visiting Committee which has a statutory role to visit prisons, hear complaints etc. and they may also write in confidence to the Council of Europe Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. The Governor may call in the Garda Síochána to investigate if an allegation appears to be sufficiently serious. Furthermore, staff are reminded, as opportunity arises, that mistreatment of those in custody is intolerable and that the provisions of the code of discipline will be fully used in relation to such complaints.
With regard to alleged instances of abuse by police, referred to in the report, a statutory board, the Garda Complaints Board, whose function is to investigate complaints against the Garda Síochána is in place. It is also open to any person who feels they have been mistreated by the Garda to take a civil action through the courts.
I welcome the fact that the State's respect for human rights generally is properly acknowledged in the report. I acknowledge equally that the protection of human rights here and elsewhere depends on constant vigilance and respect for the highest standards in which relevant non-governmental organisations and international organisations, and other states all have a potentially valuable role to play. The matters raised by the report will be examined by the Department to the extent which is appropriate and I am committed to the highest standards in terms of observance of human rights and respect for our obligations in this field. In this regard I would like to advise the Deputy that the law governing powers of arrest and detention and the need for the Special Criminal Court is being kept under review.
The report refers to inequalities persisting regarding pay and promotion in both the public and the private sectors in relation to women.
I can inform the Deputy that the Irish legislative code for gender employment equality, equal pay and maternity leave fully complies with EU directives in each of the three instances mentioned above.
Irish equality law has been in place for more than 20 years and reflects Article 119 of the EU Treaty, the terms of the Equal Pay and Equal Treatment Directives and European Court of Justice case law.
Nationally there is a readily accessible system of redress for employees or prospective employees who consider that they may have been discriminated against in relation to access to employment, equal pay for work of equal value, conditions of employment, training, work experience or promotion.
My Department is working to develop a framework which pursues the full integration of women, as well as other marginalised groups, into Irish society, using a number of mechanisms including legislation. A revised and updated Employment Equality Bill which will give Ireland one of the most modern equality codes in Europe is currently under consideration by the Oireachtas. Among the other measures being implemented are the commissioning of a study on male-female wage differentials, the development of a concerted strategy for equality, including gender proofing and mainstreaming of equal opportunities policies and the publication of a quantitative report on progress towards equal opportunities in the State-sponsored sector.
There has been statutory provision for maternity leave in this country for ten years prior to that enactment. The Maternity (Protection of Employees) Act, 1984 provided a minimum of 14 consecutive weeks maternity leave for pregnant employees and provided a right of return to work at the end of the leave period. The legislation was revised, updated and expanded by enactment of the Maternity (Protection of Employees) Act, 1994.
In relation to child-care, my Department has secured Government approval for the development of an equal opportunity child-care programme. The programme will build on a pilot child-care initiative which the Department initiated in 1994 as an equal opportunity measure in order to assist women and men in disadvantaged areas to avail of work, training and education opportunities and will involve expenditure of £2.615 million in 1998. This measure will help in assisting parents, particularly women, in reconciling work and family responsibilities and is the first positive action measure of its kind in Ireland. An expert working group on child-care is meeting at present and is considering the issue of child-care from every angle. It is expected to report by the end of this year.
The report refers to the Supreme Court's finding that the Equal Status Bill, 1997 was unconstitutional but is silent on the development of revised legislation.
The actual position is that revised equal status legislation is being developed following the Supreme Court's decision that the Equal Status Bill, 1997 was unconstitutional. The legislation will prohibit discrimination on nine distinct grounds — gender, marital status, family status, sexual orientation, religion, age, disability, race and membership of the travelling community. It will apply to non-workplace areas, such as provision of goods and services, accommodation and education. The revised Bill is expected to be published later this year.
While the report refers only to the Employment Equality Bill under the heading of "People with Disabilities", the Equal Status Bill will also apply to discrimination on the grounds of disability.
The report is silent on the Task Force on the Travelling Community, which reported in 1995 on various aspects of travellers' lives, including education, work, accommodation, health and discrimination. A monitoring committee, comprising all relevant interests both inside and outside Government, will shortly be established to oversee implementation of the report.
