Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 413: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will make arrangements for an independent investigation to be conducted into bullying and racism in Wheatfield Prison as recommended by the Inpector of Prisons (details supplied) on 18 January 2007. [2380/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am aware of the allegations made to the Inspector of Prisons and Places of Detention, during the course of his inspection of Wheatfield Prison in 2006 (and as set out in his recently published Report), of an incident of bullying and racism arising from an alleged assault by the Prisoners on a non-national Prisoner in the prison. The Inspector's Report is available on my Department's website. I am also aware of the Inspector's recommendation that the Visiting Committee investigate these allegations.

In this regard, I am also conscious of the views of the Governor and his management team (also reported in the Inspector's Report) that such activity is not widespread and that any such instances have been acted upon — including referral to the Garda authorities for investigation.

I have consulted with the Director General of the Irish Prison Service in relation to this matter and he has advised me that racism and bullying are not widespread in Wheatfield. Any complaint of this nature would be fully investigated by a senior member of management appointed by the Governor for such a purpose and would not be tolerated by the Governor. No complaint has, however, been made by a prisoner to the Governor. (A register of all assaults and serious complaints is maintained in the prison). There is also a Governor's parade held each day in the prison where all prisoners can discuss any matter that concerns them and all prisoners are fully aware of this procedure. Wheatfield Prison is very pro-active in not allowing bullying or racism to occur and, in this regard, Intercultural Awareness Training was piloted for both staff and prisoners there. The Governor also initiated a training programme for all staff in the prison. In the light of this, the Director General has informed me that, in his view, there is no need to have any independent investigation carried out into allegations of bullying and racism in Wheatfield and I agree with this. In the circumstances, I will not be arranging for any independent investigation to be carried out.

The most appropriate way of dealing with such behaviours in a prison context is through continued awareness and vigilance on the part of Prison Service Management and staff to ensure that any such behaviours do not go unnoticed and are dealt with either by recourse to the internal prison disciplinary rules or, if appropriate, referral to the Gardaí.

In relation to racism, the new draft Prison Rules contain two references regarding sanction for racist occurrences in that any prisoner shall be guilty of a breach of prison discipline if (a) he or she treats with disrespect, through the use of any abusive, insolent, racist or threatening behaviour or language, the Governor, any prison officer, any prisoner, any visitor to the prison or any other person, or (b) displays, attaches, or draws on any part of a prison, or on any other property, threatening, abusive or insulting racist words, drawings, symbols or other material. The new Rules will come into operation shortly.