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

Photo of Patrick CostelloPatrick Costello (Dublin South Central, Green Party) | Oireachtas source

There has been a lot of talk about the essential need for independence. I would agree with that and underline that point. Senator McDowell spoke of the possibility of the inspector being neutered. I think we have seen that already, as Deputy Daly said, in relation to the reports that have been mentioned. Just to be clear, there are three reports on the Dóchas Centre, a three-day monitoring report from August 2021, a section 31(2) investigation from February 2022 and a supplementary report to that from July 2022, none of which has been published, which raises very serious concerns and questions. I think we need to underline the essential nature of the independence and transparency in all of this. Those reforms are very much to be welcomed.

Deputy Pringle has pre-empted some of my questions on HIQA. I totally agree with the point Ms Brady made about HIQA needing to be designated as an NPM, partly because of its role in respect of Trinity House and the Oberstown campus and also the secure care facilities, including Ballydowd Special Care Unit, Coovagh House and Crannóg Nua. These are places where young people are detained by order of the High Court. HIQA currently inspects them, so it is absolutely essential. I was hoping to get a bit of clarity from Ms Keane on the current role of HIQA, and how HIQA and the Mental Health Commission work, for my own education. I am unclear on that. I have one other question. The IPRT mentioned the Australian situation, and Dr. Garrihy has also made comparisons with other countries that have ratified OPCAT in his studies. Is there something that we are missing in this legislation? Is there something that other countries have done that we should be learning from so we do not have to reinvent the wheel? Finally, I would underline the point made by the ICCL and others around the definitions in the Bill. For me, it is essential that places like Ballydowd Special Care Unit, Crannóg Nua and Coovagh House are included in this. There have been serious questions over these places in the past. Perhaps that is me putting on my children's committee hat. Young people are detained in these facilities by an order of the court. It is essential that those facilities are included in the definition.

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