Frank Fahey (Galway West, Fianna Fail)

It should be emphasised that the Minister is obliged to respect the constitutional rights of all persons, including prisoners. It should also be noted that the amendment is to Part 2 of the Bill which relates solely to the prisoner escort service and agreements for the provision of such services. It would not have any effect of relevance to escort services. Moreover, this Part is an enabling provision and, as has been stated previously, it is not intended to commence it for as long as the current arrangements in respect of the provision of the prisoner escort service continue to operate effectively and efficiently in both cost and operational terms.

Amendment No. 7 tabled by Deputy O'Keeffe would require that a report by the officer appointed to monitor the performance of a contractor should be laid before the Oireachtas on or before 31 March each year. I do not intend to accept this proposal. A report on the activities of the contractor may be commercially sensitive or contain material of a security nature. It is not my intention that such reports should be made public. I am aware of the Deputy's concerns and what he seeks to address with the amendment. However, I remind the House that the Minister will have responsibility for entering into an agreement with the contractor for the provision of escort services and that the Minister will have responsibility for certification of officers.

Given the Minister's responsibility in this regard, it is reasonable to provide a system for the monitoring of contractors. It is not the case, nor can it be expected, that concerns regarding performance that may justify the termination of an agreement would necessarily come to the Minister's attention. This provision, therefore, is a safeguard with a twofold objective, namely, to ensure the grounds justifying the initial agreement continue to apply and that nothing has arisen in the course of its operation that may lead to security concerns that would justify its termination. However, I do not discern justification for the publication of such reports. Furthermore, to require publication could have a negative impact on the content of such reports. The proper monitoring of the operation of the agreement with the contractor requires full and frank reporting on the operation.

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