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:
I will comment briefly on the point made about civil society engagement. The importance of civil society engagement is that civil society can provide information to an NPM in its relevant area. It can promote awareness among the people because it may already have built up trust with certain detainees, and it also can provide a role in ensuring external accountability and scrutiny to the NPMs once appointed. In terms of what the legislation could do, I had a quick check and there is no mention of civil society and non-governmental organisations in the Bill as currently drafted. I think there is a bit of a discussion to be had and thinking to be done around exactly how that should be framed. Looking at international models, some take the approach of civil society organisations actually being part of the NPM. That is not the approach that we would necessarily suggest. Rather, we would suggest civil society acting in an advisory capacity. The Deputy mentioned Australia, which we also referenced in our opening statement. The Australian NPM co-ordinator has been planning to establish a civil society steering group or advisory group that could help inform it. In terms of the Bill specifically, I do not think we need to go into the full detail of that. It is about actually recognising that. It is something that the Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, SPT, in particular, has recognised the importance of. I think there needs to at least be some mention of it so that there is some basis for that to actually happen in the future. IHREC, as the NPM co-ordinator, already has a role in engaging with civil society, so there is already a model there in that respect .
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