18th May 2004
366. Mr. Cuffe asked the Minister for Justice, Equality and Law Reform if a formal complaint of bullying by a prison officer has ever been processed according to procedures approved by the Health and Safety Authority or in accordance with the codes of practise of March 2002 or even according to the old Civil Service policy and procedures. [14170/04]
Minister for Justice, Equality and Law Reform (Mr. McDowell): There are several provisions which set out an employer's statutory and common law duty to take all reasonable steps to ensure the protection of an employee from bullying, harassment and sexual harassment in the workplace. To comply with such provisions, the Civil Service policy document, entitled A Positive Working Environment, was introduced in June 2000. This policy is applicable to all civil servants, including prison officers.
The governor of a prison, on receipt of a complaint of bullying shall initially, and where appropriate, seek to resolve the matter informally with the consent of the parties involved. Where this is not possible, he or she will immediately institute a formal investigation using the procedures outlined in the Civil Service policy. Complaints of bullying by prison officers have been processed in this manner.
The issue of a policy specifically designed for the Prison Service is the subject of ongoing discussions between management and prison staff associations. Such discussions are expected to conclude shortly.
Respect for rights in the penal system with prison as a last resort.