Parliamentary Question: Inspector of Prisons

4th February 2003

376. Mr. J. O'Keeffe asked the Minister for Justice, Equality and Law Reform the statutory basis for the appointment of the Inspector of Prisons; the specifications and qualifications necessary for the post; the salary attached to the post; the procedures followed in the appointment made; and if he will make a statement on the matter. [2726/03]

381. Mr. J. O'Keeffe asked the Minister for Justice, Equality and Law Reform the job specification of the post of Inspector of Prisons; and if he will make a statement on the matter. [2798/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell): I propose to take Questions Nos. 376 and 381 together.
The programme of the previous Government contained a commitment to establish a prisons inspectorate.

Pending the enactment of the necessary legislation, an Inspector of Prisons and Places of Detention, Mr. Justice Dermot Kinlen, was appointed on a non-statutory basis with effect from April, 2002. This appointment is for a period of five years and the remuneration attaching to the post is equivalent to the maximum of the pay scale of the assistant secretary grade in the Civil Service - €106,441 as at 1 October 2002. This rate will be adjusted in line with future adjustments of that point of the scale.
In relation to the procedures followed, my predecessor received Government approval for the proposed appointment of Mr. Justice Kinlen as Inspector of Prisons and Places of Detention in February, 2002. Apart from his work on the High Court, Mr. Justice Kinlen has, over the years, shown a special interest in the welfare of prisoners both domestically and internationally. In his own time, he has visited prisons in Ireland and abroad. He was a member of the Mountjoy Prison Visiting Committee at one stage. The method of appointing subsequent inspectors will be dealt with in the legislation putting the inspectorate on a statutory footing.

The terms of reference of the post are as follows: (a) inspect and report, as the Inspector considers appropriate, to the Minister for Justice, Equality and Law Reform on prisons and other places of detention managed on behalf of the Department of Justice, Equality and Law Reform by the Irish Prison Service; (b) report in particular on conditions in those institutions and on the regimes in place for prisoners and detainees; (c) investigate and report on any specific issue referred to the inspectorate by the Minister; and, (d) submit to the Minister an annual report on the activities of the inspectorate.

In carrying out an inspection of any prison or place of detention the inspector will, in general terms, have regard to such matters as: (a) the quality of the regime; (b) the attitude of staff and inmates; (c) health, safety and well-being of prisoners; (d) the conditions of the buildings; (e) questions of humanity and propriety; (f) any general pattern which may indicate possible inadequacies in the management of the prison.

As the terms of reference provide, I may request the inspector to investigate and report on specific issues or incidents connected with the running of any prison or place of detention. Furthermore, the inspector may raise issues of concern, arising out of an investigation or an inspection, either with local management, the director general of the Irish Prison Service or myself. To facilitate the inspector in carrying out his functions, he may consider complaints from prisoners but only to the extent that such complaints are relevant to the functions of the inspector. The inspector is required, not later than four months following the end of each calendar year, to submit a written report to the Minister on his activities during the year. It is intended that the inspector's annual report will be published. The inspector will also furnish me with such information relating to his activities as I may require from time to time. The terms of reference will be reviewed during the preparation of the proposed legislation in the light of experience gained in the interim.