Parliamentary Question: Prisoner Complaints Procedures

15th October 2003

87. Mr. Eamon Ryan asked the Minister for Justice, Equality and Law Reform when complaints procedures offering appropriate guarantees of independence and impartiality as recommended by the CPT will be available. [23440/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell): The recommendation referred to by the Deputy was contained in the report to the Irish Government of the third visit to Ireland by the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, CPT. The committee, which operates under the aegis of the Council of Europe, visited Ireland for inspection purposes in May of last year and the report on this visit and the Irish Government's response to its findings were published by the CPT on 18 September 2003.

Where allegations of assault or ill-treatment are made by prisoners, the Garda Síochána are called to investigate. A prisoner may also make a complaint to the prison visiting committee, to the prison chaplain, to the prison doctor, to the Minister and he or she also has access to the courts. He or she may also complain to the European Court of Human Rights and to the CPT. There is ready access by prisoners to these avenues of complaint.

The CPT delegation also found that senior management in the Irish Prison Service were determined to take appropriate action when allegations of ill-treatment of inmates by staff came to their attention and welcomed the approach of the Irish authorities in this regard.

The CPT also noted the low level of complaints filed, suggesting a possible lack of confidence by prisoners in the system. However, the Government pointed out that given the variety of avenues open to the prisoner to raise such matters, and the proven commitment of prison management to pursue any allegations made, this low level of complaints could be seen in a positive light as reflecting well on the management and staff of the prisons rather than necessarily being a symptom of any deficiency in the complaints procedures.
The complaints procedures are due to be updated in the new prison rules which are currently nearing finalisation. These rules will come into force, as a statutory instrument, as soon as possible after the text has been finalised.