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Minister Shatter announces amendments to the Prison Rules to support new prisoner complaint procedures, and the publication of the St Patrick’s Visiting Committee Report for 2011.

The Minister for Justice, Equality and Defence, Mr. Alan Shatter TD, today

(22 January, 2013) announced amendments to the Prison Rules to support and

give effect to robust new procedures for the investigation of prisoner

complaints.

The Minister said “I had announced on 8 August, 2012 that new robust

procedures would be introduced to investigate complaints by prisoners. As

I said then, I was not satisfied that the existing complaints procedures

were effective. Prisoners are in a particularly vulnerable position and

they must have access to a credible complaints system that deals with

genuine complaints in an open, transparent, and independent way. The

amendments to the Prison Rules which came into operation on 14 January,

2013 is a major step forward”.

The Minister had asked the Inspector of Prisons to advise on a suitable

prisoner complaints model and the Inspector submitted a detailed report on

the matter which was published last August. While the intention is to put

in place a comprehensive complaints system, this will take time and the

first priority is to address those category of complaints which have given

rise to most concern. These are what the Inspector referred to as category

“A” complaints alleging serious ill treatment, use of excessive force,

racial discrimination, intimidation or threats.

The Director General of the Irish Prison Service had been instructed to

introduce procedures for dealing with the most serious of complaints as an

immediate priority. The Prison Service recruited a panel of 22 external

investigators and the new procedures went live on 1 November, 2012.

In the main, the amendments to the Prison Rules provide that prisoner

complaints will be examined by investigators from outside the Prison

Service to ensure an effective and impartial investigation. The

complainant will be kept informed and their reports will be automatically

submitted to the Governor in question, the Director General and the

Inspector of Prisons. The Inspector of Prisons will have oversight of the

process from the very beginning.

Minister Shatter said “I am giving consideration to some amendments to

section 31 of the Prisons Act 2007 to facilitate a more formal role in the

appeals process for the Inspector of Prisons and to enhance his

investigatory powers in dealing with non prison personnel and obtaining

access to medical records. The changes to the Prison Rules nevertheless

represent a major step forward”.

Minister Shatter added “I am confident these amendments will make a

difference and reflect my commitment as Minister to having a credible and

comprehensive prisoner complaints system in place. The position will

continue to be kept under review in light of experience in implementing the

new procedures and further changes will be made in due course if

necessary”.

The Minister also published the Annual Report for 2011 of the St Patrick's

Institution Visiting Committee.

The Committee has reported on a number of issues during the year including

conditions generally, accommodation and maintenance, staffing, education,

workshops, prisoners on protection, the use of special cells, and

developments generally within the Institution. The Committee met monthly in

St Patrick’s while individual members made 21 random and unannounced visits

during the year. They met with inmates during those visits and discussed

any concerns raised with prison management at their monthly meetings.

Speaking on the publication of the Report, Minister Shatter said that “The

report must be read alongside the recently published Report from the

Inspector of Prisons, Judge Michael Reilly, on St Patrick’s Institution

which raised serious and major concerns in relation to the Institution. I

also published the Irish Prison Service's Action Plan for implementing the

Inspector's recommendations. In light of the Inspector’s report, I asked

if the Committee would consider the issues raised and whether they would

wish to comment on its contents”.

The Committee has welcomed the Inspector’s Report, and the Action Plan put

in place by the Irish Prison Service which they will support. Their main

focus is on ensuring the welfare, education and rehabilitation of inmates.

As set out in the Inspector’s report, the chairman of the Committee had met

with the Inspector and raised a number of issues with him. Their views

were endorsed by the Inspector who also commented that they appeared to be

carrying out their mandate in accordance with the relevant legislation.

For their part, the Committee recognise the concerns raised in the

Inspector’s report and strongly recommend that adequate resources and

training be made available to support St Patrick’s and the Irish Prison

Service in implementing the recommendations in the strategy drawn up to

address the issues raised by the Inspector.

The Minister said “I already said when publishing the Inspector’s Report on

16 October, 2012 that the culture in St Patrick’s must change. The full

support of everyone involved including the Visiting Committee is required

to meet that challenge and everything possible must be done to address the

issues within the timeframes set by the Inspector if not before then. An

Action Plan is now in place implementing all of the Inspector's

recommendations and I am pleased to say that over 80% of the

recommendations have been implemented to date”.

The Minister added “The Government is committed to ending the practice of

sending children to St. Patrick's Institution. The practice of sending 16

year old boys to St Patrick’s ceased on 1st May, 2012. The detention of

children in St. Patrick’s Institution will end with the provision of more

appropriate accommodation and regimes in the new detention facility at

Oberstown by mid-2014. To that end, the Government allocated €20.4 million

in capital funding for 2013 to the Department of Children & Youth Affairs

to enable this project to proceed”.

“In the interim the Irish Prison Service is devising a specific strategy

for the management of young offenders. Central to this strategy is

enhanced cooperation with the Irish Youth Justice Service including the

placement of a number of care staff from the children detention schools to

work alongside prison staff in St Patrick's. It is intended that this will

take place in the coming weeks. In addition, the feasibility of

accommodating some categories of the 17 year old age group in the child

detention schools before mid-2014 is being actively examined".

The Prison Rules (Amendment) 2013 (S.I. No. 11 of 2013), and the St

Patrick’s Institution Visiting Committee report are available on the

Department’s website

www.justice.ie