Maureen O'Sullivan (Dublin Central, Independent)
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149. To ask the Minister for Justice and Equality if he will report on the new complaints procedures of Irish prisons in November 2012; if he will further report on the composition on the panels of independent investigators and on the way panel members were recruited; if he will also report on the number of Category 1 complaints received by the panels of independent investigators to date and the number resolved; and if he will make a statement on the matter. [39941/13]

Alan Shatter (Dublin South, Fine Gael)
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Following a report by the Inspector of Prisons to the Minister for Justice and Equality in March 2012, regarding the introduction of a new complaints model in the Irish Prison Service which meets best practice and our international obligations in this regard, a new complaints model is being introduced in the Irish Prison Service on a phased basis.

The model which is being introduced contains four separate categories of complaints and three separate complaints procedures. Category A Complaints are most serious level of complaints (assault, serious intimidation of prisoners by staff etc) and involves two elements of independent investigation/appeal – initial investigation by external investigator/s on behalf of the Irish Prison Service with a right of appeal to the Inspector of Prisons. The Category A Complaints procedure was introduced on 1 November 2012

Category B Complaints are mid range in terms of seriousness (discrimination, verbal abuse of prisoners by staff, inappropriate searches etc) and fall to be investigated by a Chief Officer with recourse to appeal to the prison Governor and a subsequent recourse of appeal to the Inspector of Prisons if a prisoner is unhappy with the outcome of his/her original appeal (the latter is subject to the introduction of primary legislation).

Category C Complaints are essentially service complaints where a prisoner is unhappy with the level of service in a particular prison (visits, phone calls, etc.) and fall to be investigated by a Prison Officer with the possibility of appeal to a Chief Officer if the prisoner is unhappy with the outcome or resolution of his/her complaint.

Category D Complaints relate to complaints against professionals such as dentists, doctors etc. Such complaints will be referred in the first instance to the prisons’ medical officer for possible resolution and, if this is not possible, to the relevant professional body responsible for regulating the professional involved.

The full complaints model will be introduced during the lifetime of the Irish Prison Service Three Year Strategic Plan (April 2012-April 2015). The Inspector of Prisons will have oversight of all categories of complaints. A publicly advertised recruitment campaign was carried out by the Irish Prison Service in September 2012 which sought applications from suitably qualified persons with a legal or investigative background. A panel of 22 Independent Investigators was established following a selection and interview process. The panel was established in October 2012 and will remain in place for 3 years.

The table below illustrates the number of Category A complaints received/investigated and under appeal since 1st November 2012:

* Investigations are deemed complete when the Governor issues their findings on receipt of the investigation report.