Oireachtas Joint and Select Committees

Tuesday, 18 October 2022

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Inspection of Places of Detention Bill 2022: Discussion

Ms Molly Joyce:

The IPRT agrees with all those points. In particular, I refer to the privileges and immunities set out in Article 35 of the OPCAT. It refers to privileges relating to arrest, seizure and that kind of thing, but that is not reflected currently in the Bill. It is important for it to be included.

The Senator made a really good and nuanced point in respect of expertise. In our submission, we referred at length to the need for the NPM and, in particular, the IPD to be able to draw on expertise . There should be an expert panel or some other arrangement whereby it can draw on expertise as needed, in particular, perhaps, in the context of a specific visit to a prison. More generally on the point in respect of expertise, it is useful to think about expertise in a broader sense and the individual needs such as the medical or mental health aspects. The Senator identified a number of issues in that regard which could be useful. Obviously, it may not be possible to include all of that within the legislation but certainly putting in place the role of experts will be important, and that is very much emphasised by all the international guidance on this. It needs to be reflected in the Bill.

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