Oireachtas Joint and Select Committees

Thursday, 5 November 2015

Public Accounts Committee

Annual Report and Appropriation Accounts of the Comptroller and Auditor General 2014
Vote 21: Prisons
Vote 24: Department of Justice and Equality
Chapter 9: Development of Prison Accommodation in Dublin

10:00 am

Mr. Noel Waters:

I have not seen the report yet but there are a couple of points I want to make. I have checked this with our colleagues in the courts. First, at a policy level, we have no objections whatsoever and would support the Comptroller and Auditor General and the committee having sessions on this in terms of the audit. That is a matter for legislation and the powers of the Comptroller and Auditor General. The committee will not find any objections from the Department or the Courts Service to it getting involved in this - far from it. We believe it will give it added validity in terms of reassurance to people.

In respect of the committee's report generally, I had an opportunity overnight to have a look at its contents. I checked this morning with colleagues in the Courts Service and they have set up a provisional implementation group on this report. They are looking at how they will take it forward and what was identified in the committee's report.

From the Department's perspective, I want to make two points in support. There is legislation on Committee Stage in the Seanad at the moment. It is the Assisted Decision-Making (Capacity) Bill which will become law before the Oireachtas rises for the Christmas recess. That will change the entire administrative apparatus around the operation of wards of court. Another piece of legislation, which is quite complex, is the civil liability Bill, although I do not know precisely when it will emerge. It will provide for periodic payment orders. Therefore, instead of the courts making a very large award in one lump sum to a person who suffers a catastrophic injury, as happens, tragically, they will make awards to him or her on the basis of his or her anticipated needs during the course of his or her life. Based on international experience, everybody would agree that would be a far more preferable way of ensuring the needs of people who find themselves in that appalling situation are met throughout the course of their lives. That legislation is coming down the tracks as well.

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