Parliamentary Question: Prisoner Complaints Procedures

6th February 2007

 231. Mr. Costelloasked the Tánaiste and Minister for Justice, Equality and Law Reform if he will appoint an ombudsman for the Prison Service to deal with prisoners' issues; and if he will make a statement on the matter. [3789/07]

Tánaiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): Prisoners have a number of avenues open to them to make requests or complaints. They have access to staff, the Governor, the Visiting Committee, my Department and the Courts. Under Section 3(1) of the Prisons (Visiting Committee) Act, 1925, the duties of each Visiting Committee include hearing any complaints which may be made to them by any prisoner and, if so requested by the prisoner, to hear such complaint in private. Prisoners may also write to the European Commission of Human Rights and/or the European Committee for the Prevention of Torture and Inhuman and Degrading Treatment (CPT). In addition, they may meet with Department officials on request to discuss any issue of concern.

The Prisons Bill, 2006, which is currently before this House, for the first time introduces an independent appeals mechanism of a quasi-judicial nature to review a decision by a Prison Governor to impose disciplinary penalties involving the loss of remission by prisoners. It makes provision for a prisoner, who has incurred such a penalty to appeal the finding or sanction, via the Governor, to an Appeal Tribunal. The Appeal Tribunal may invite written submissions from the prisoner and governor and shall notify the prisoner of the date and time of the hearing. The prisoner may attend the hearing and may have legal advice or representation for the purposes of the hearing. Under the Bill, the Tribunal may uphold or quash the original finding and may affirm, vary or quash the original sanction applied. Where a prisoner makes a complaint alleging ill-treatment, the complaint is investigated by the Governor. In any case where a criminal offence is disclosed, the Governor may request the Garda Síochána to undertake a police investigation with a view to obtaining evidence to support a criminal prosecution. In the circumstances, I do not currently propose to provide for an Ombudsman for prisoners.