Ms Lisa Doherty:

We are happy to try our best. As we are here as observers, we had not prepared speaking notes but want to convey that we welcome the submissions, comments and questions from the committee. The pre-legislative scrutiny process is timely and important as drafting of the Bill commences.

I will make a few points to try to expand on or explain the policy intent behind some of the heads. A number of questions came up a few times. I stress that the general scheme heads are always scant in detail. That is, unfortunately, how it works. The detail will come in the drafting. Questions around definitions, clarification, functions, etc., will be teased out with the expertise of the Office of the Attorney General in the drafting process. The report of the pre-legislative scrutiny will feed into that.

The Department recognises this is long-awaited legislation. It is Government policy not to ratify international instruments unless primary legislation is in place. We have been engaging with the sub-committee on prevention of torture, SPT, at the UN, in co-ordination with the Department of Foreign Affairs, and will do so after enactment on a more formal basis and with the Irish Human Rights and Equality Commission, IHREC.

I will give more background to some broader questions that came up a few times.

It is the Government's intention that all places of detention will be covered. This Bill is specifically on the justice sector but one will see in the heads a reference to the Minister for Health, the Minister for Defence and the Minister for Children, Equality, Disability, Integration and Youth.

Independence came up a lot. It is the Department's intention that the Office of the Inspector of Prisons will be functionally independent. The obligations are set out and I recognise that we need to make them clearer in drafting. The inspectorate has to report to the Oireachtas and be accountable to it, but not on policy because policy accountability is for the Government, including the Minister. With regard to the functions and administration of the inspectorate, the inspector will be accountable to the Oireachtas. That is clearly set out. We will probably need to ensure it is much clearer in the drafting.

Resourcing was also raised a number of times. The previous inspector commissioned, in 2018, an independent review into the office, its structures and how it would look. That review recommended that the office should stay under the Department of Justice. That is the basis for the head in this regard and the underlying policy on maintaining the office of the inspectorate under the Department. Having a separate Vote would, in the words of the independent consultant, cause an undue administrative and financial burden on the office. It was claimed that the benefits of remaining in the Department outweigh any disbenefits, including perceived independence issues. Again, this was all informing the policy behind the relevant provisions in the heads.

The Department has sought to increase resources to the office over recent years. There was a quite significant increase between 2020 and last year. Once the legislation is enacted, the Department will continue to negotiate with the Department of Public Expenditure and Reform to ensure additional increases and resources to ensure the office can carry out all its functions.

Appointments came up at one point. I must make it clear that appointments are made by way of public competition through the Public Appointments Service, not the Minister.

We will certainly take on board the point on engaging with civil society. There is definitely room to consider that in the drafting and after enactment.

On the prison complaints system, work is ongoing on drafting secondary legislation that will provide for a whole new prisoner complaints system through the amending of prison rules. That is being informed by recommendations of a previous Inspector of Prisons. It is at quite an advanced stage.

On the prison visiting committees, there has been a very interesting, useful discussion. We understand the sequencing was unfortunate. The Bill was not published; it was just the general scheme, but the Bill, which is now to be drafted, will be informed by the outcome of extensive public consultation and inputs and submissions by the various stakeholders concerning the prison visiting committees process. This will be in the coming weeks and months.

I hope that gives some clarification. We are certainly looking forward to the report of the committee and to determining how we can act on its recommendations.