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Prison Service

Dáil Éireann Debate, Tuesday - 8 May 2012

Tuesday, 8 May 2012

Ceisteanna (32, 33)

Dessie Ellis

Ceist:

82 Deputy Dessie Ellis asked the Minister for Justice and Equality if he has ever examined the proposal to establish a position of Prisoners Ombudsman; the details of their costing analysis; and if he will make a statement on the matter. [22674/12]

Amharc ar fhreagra

Dessie Ellis

Ceist:

106 Deputy Dessie Ellis asked the Minister for Justice and Equality his plans to introduce legislation to create a position of Prisoners Ombudsman. [22673/12]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 82 and 106 together.

I have no plans to introduce legislation to create a position of Prisoner Ombudsman, although as the Deputy will be aware from the situation in Northern Ireland that a statutory basis is not a prerequisite for the operation of such an office.

The primary purpose of an ombudsman is to investigate complaints and make non-binding recommendations. In the current circumstances it is difficult to see how one could justify diverting resources to establish a new office of Prisoner Ombudsman. While no detailed cost analysis has been carried out, I note that the budget of the Northern Ireland Prisoner Ombudsman for the year 2011-2012 was £646,000 (approximately €800,000) dealing with complaints from a prison population which is less than half of ours.

My interest is not so much in the form but in the substance of how we ensure prisoners are properly and fairly treated.

In addition to the oversight provided by the courts, the Inspector of Prisons and regular visits by the Council of Europe Committee on the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, we have internal procedures for addressing prisoner complaints. An independent element is provided for by the Prisons (Visiting Committees) Act 1925 which requires a visiting committee to be constituted for every prison in the State and one of the statutory duties of such committees is to hear any complaints which may be made to them by a prisoner. Under new legislation to be prepared, I intend to make Visiting Committees more effective while they continue their role. The arrangements for membership of the Committees will be changed and a link will be established between the Visiting Committees and the Inspector of Prisons who also makes announced and unannounced visits to prisons during the year.

Notwithstanding the above, I am not satisfied that the existing Prison Service procedures are sufficiently robust and independent of the local staff to meet best practice. The Office of the Inspector of Prisons is a statutory independent office and I have asked the Inspector of Prisons to give consideration to this matter and to advise me as to the most appropriate approach to be taken in an Irish context so as to ensure compliance with best international practice. The Inspector recently provided me with his report which is currently being considered.

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