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Shatter publishes Report of the Rapporteur on Cork Prison Development

The Minister for Justice, Equality and Defence, Mr. Alan Shatter T.D.,

today published the report of Mr. James Farrelly, the Rapporteur, appointed

under section 23 of the Prisons Act, 2007 for the purposes of receiving

written observations and submissions on the proposed development of a

prison at Rathmore Road, Cork.

 

The range of issues identified in the Rapporteur’s report which has been

raised by local residents and others have been given detailed

consideration. The Minister has set out his consideration of the points

raised in a separate document which, for completion, is also being

published with the Rapporteur’s report, and both documents are available on

the Department of Justice and Equality's website. The Minister has also had

regard to the Rapporteur's report in drawing up the draft Resolution

providing for development consent for a prison on a portion of the site

used as Cork Prison.

 

The next stage is consideration by both Houses of the Oireachtas of this

draft resolution. Extensive documentation, required by the Act to inform

Oireachtas members on the issue, has already been laid before both Houses.

 

Announcing the publication of the Report, Minister Shatter thanked Mr.

Farrelly for his hard work and the timely presentation of his report.

 

Commenting on the report Minister Shatter said: "Action is urgently

required to address the chronic overcrowding and inadequate conditions in

Cork Prison. The development of a new modern prison will eliminate the

practice of prisoners having to slop out and will provide adequate and

suitable accommodation for all prisoners in accordance with our national

and international obligations. This fit for purpose prison will also

provide the infrastructure necessary for the education and rehabilitation

of prisoners which in turn will enhance public safety."

 

Giving the background to the publication of the report the Minister said

that "Following the publication of the notice of the publication of an

Environmental Impact Assessment of the proposed development on 8th

November, 2012, Mr. Farrelly received 12 submissions from interested

parties during the course of a six week period which concluded on 21st

December, 2012."

 

As previously stated, the Minister has arranged for the report and his

observations on it to be available on the Department’s website

www.justice.ie.

 

 

 

 

07 June, 2013

 

ENDS

 

 

 

 

Note for Editors

 

Legislative basis

 

The Prisons Act, 2007 sets out a special procedure that may be applied for

the purpose of determining whether consent should be granted to larger

prison developments. The purpose of the 2007 Act is to provide a special

mechanism for major prison developments under which an environmental impact

assessment (EIA) meeting EC standards must be prepared and where the Houses

of Oireachtas make the decision whether or not to grant development

consent. To facilitate the Houses of the Oireachtas in their consideration

of the matter, the Minister must, inter alia, lay before the Houses visual

representations of the proposed development, details of its location,

purpose and size, a copy of the EIA, the results of the public consultation

process in the form of the report of the Rapporteur. The Minister must also

submit a draft Resolution which if adopted in effect gives "planning

permission" or consent for the development to proceed and this must be then

confirmed by a Bill.

 

Section 23 of the Prisons Act, 2007 makes it clear that the purpose of the

report of the Rapporteur is to identify those who have made submissions,

identify the main issues raised and to provide a summary of the submissions

and observations received. There is no provision for the Rapporteur to

comment on the merits or otherwise of submissions and observations made nor

is there any provision for him to make any recommendations.