The Minister for Justice, Equality and Defence, Mr Alan Shatter T.D. today
announced that new robust procedures would be introduced to investigate
complaints by prisoners. The Minister was not satisfied that the existing
complaints procedure was 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. He had asked the Inspector of Prisons to advise on a
suitable model and the Inspector has submitted a detailed report on the
matter which was published today.
The Minister welcomes that report and endorses the general principles set
out by the Inspector. Minister Shatter said, “It is my intention that a
comprehensive complaints system based on the model proposed by the
Inspector be introduced but it would be unrealistic to expect immediate
implementation for every complaint in all prisons.
The first priority will be to address those category of complaints which
have given rise to most concern. These are what the Inspector refers to as
category "A" complaints alleging serious ill treatment, use of excessive
force, racial discrimination, intimidation or threats. Amendments to the
Prison Rules will be introduced as soon as possible to provide that such
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. Some amendments to section 31 of the
Prisons Act 2007 are required to facilitate a 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”.
In the interim, draft Prison Rules have been drawn up and are being
forwarded to the Office of the Attorney General for their advices. The
Prison Rules will allow partial implementation and will represent a major
step forward but only represent an interim solution while waiting for
primary legislation to be enacted.
Minister Shatter continued “The other categories of complaints are of
importance to the day to day living conditions of individual prisoners.
The proposals envisage a major cultural change in the way complaints are
addressed and recorded within the prison system affecting several thousand
individuals. I have directed that Michael Donnellan, Director General of
the Irish Prison Service draw up an implementation plan by next spring with
a view to having the new complaints procedure for every category of
complaint up and running in all prison within the 3 year time frame of the
Irish Prison Service's Strategic Plan.”
The Minister is conscious that the new complaints will have resource
implications for both the Irish Prison Service and the Inspector of
Prisons. The Minister will provide additional resources to the Inspector
to ensure the integrity of the new complaints procedure and allow proper
oversight. As a first step, arrangements are being in put place to allow
the Inspector to draw on a panel of investigators to assist him. He is
committed to ensuring that the Inspector will have the resources he needs
to oversee implement the new complaints system.
The Report is available on the Department of Justice and Equality website:
www.justice.ie