Jim O'Keeffe (Cork South West, Fine Gael)

Part 2 provides for prisoner escort services. Essentially, we are dealing for the purposes of these amendments with sections 4 to 10, inclusive.

I am not in favour of rushing towards the establishment of prisoner escort services. I understand that the present arrangements are working satisfactorily and, from that point of view, I do not wish to put into operation such services unless it is necessary. However, given that we are dealing with a Bill which will become the legislative basis for the future, it is worthwhile to make provision in the Statute Book for the possible establishment of prisoner escort services. For that reason, I am not in favour of the approach adopted by my Sinn Féin colleague and support the retention of Part 2 in the Bill.

However, as I noted on Committee Stage, improvements could be made to several provisions in Part 2. My first amendment relates to section 7(9) and the provision involving the revocation of a certificate for a prisoner custody officer and the procedures that would apply. Ultimately, it is envisaged the matter will land on the desk of the Minister and the issue is what should happen then. A provision should be inserted so that the Minister would deal with such matters without delay and the file would not be left sitting there. Pending the decision, the prisoner custody officer should not be entitled to perform his or her duties. In addition, I propose the officer and the contractor by whom he or she is employed should comply with the directions issued under section 10. I put forward the proposal tentatively as an improvement on the arrangements regarding the revocation of a certificate for a prisoner custody officer.

My next amendment concerns the prohibition of the unauthorised disclosure of information under section 9, with which I agree. While a prisoner custody officer should not disclose information relating to a prisoner, which is obtained by him or her during her employment, unless authorised by the Minister to do so, the section could be improved. I am influenced by the Minister who is known for having a loose lip and, as a consequence, it is necessary to insert restrictions. Accordingly, my amendment provides that the Minister similarly shall not make public or cause to be made public any information relating to a prisoner that could reasonably be considered to be confidential other than essential details regarding name, date of birth and so on. While I do not expect the Minister to be in office much longer, he may have set an example that might be regarded as a precedent by a subsequent holder of the office.

My third amendment addresses what should be done about reports to the Minister. Under section 10, he or she will appoint an officer to monitor the performance of contractors. I assume the officer will be a departmental official and the person so appointed will not later than 31 March — an important date every year because it is my birthday — produce a report for the Minister on the performance of the contractor. The issue then is what should happen the report and I propose that such reports should be laid before the Houses of the Oireachtas not later than 31 May annually. The Minister has set a precedent regarding the reports of the excellent and dedicated Inspector of Prisons and Places of Detention, Mr. Justice Kinlen, by considerably delaying their publication. The legislation should provide that this bad precedent should not be followed by the Minister's successors. That is the reason I have specified a date before which such reports should be laid before the Oireachtas. Those are my amendments to Part 2 and I am happy with the remaining provisions in this Part.

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