Brendan Howlin (Wexford, Labour)

As Deputy Jim O'Keeffe stated, Part 3 of the Bill deals with prison discipline and it outlines the types of sanctions available for breach of prison discipline. They are listed in section 13, the text of which includes the following:

13.—(1) One or more than one of the following sanctions may be imposed on a prisoner who is found by the governor to have committed a breach of prison discipline:

(a) caution;

(b) reprimand;

(c) confinement in a cell (other than a special observation cell) for a period not exceeding 3 days;

(d) prohibition, for a period not exceeding 60 days, on—

(i) engaging in specified authorised structured activities or recreational activities,

(ii) receiving visits (except visits for the purpose of giving medical advice or treatment to the prisoner or those from his or her legal adviser, a chaplain or member of the visiting committee to the prison, the Inspector of Prisons, a judge or representative of a court or tribunal or a representative of the Minister, Parole Board, Human Rights Commission or European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment),

My first amendment in this group is on section 13(1)(d)(ii) and deals with the prohibition on receiving visits. Exceptions are laid out in the section and I propose amendment No. 9 which would include among those exceptions a public representative and, in the case of non-Irish nationals, a diplomatic or consular officer of the person's country of nationality. A compelling reason exists for this. It is a matter of proper form that Members of this and the other House should have access to prisoners.

We debated this matter on Committee Stage and the Minister pointed out the term "public representative" is extremely broad. I accepted the notion it would be confined to Members of the Oireachtas. The Minister went some of the way in amendment No. 10 where he suggests a member of Dáil Éireann for the constituency in which the prisoner ordinarily resided would be entitled to visit.

As a justice spokesperson, I believe justice spokespersons should be entitled to visit any prisoner because we deal with justice matters. Having spent all of Monday at the Morris tribunal, I note my interest in affairs well outside my constituency occupy quite a degree of my time as justice spokesperson. I was involved in incidents in Abbeylara, issues such as the Sheedy case in Dublin and a variety of other matters. It is important the role of parliamentarians is recognised as far more than simply a representative duty for their constituency.

As in other parliaments, this House may have individuals who consider the issue of campaigning for prisoners' rights to be one of their core functions. The notion they would not be able to visit as a right prisoners from constituencies outside their own is a wrong construction. I hoped the Minister would compromise on my proposal to open it to any public representative and confine it to Members of Dáil Éireann and Seanad Éireann.

I am not sure how great a latitude the Minister of State present has to deal with this issue. If the Tánaiste and Minister for Justice, Equality and Law Reform was here I could convince him of this point. He is normally amenable to it. I hope I can convince the Minister of State to drop the reference to the constituency. A Member of Dáil Éireann should be entitled to visit any prisoner.

I do not see any compelling reason why it should be confined to the constituency involved. A prisoner may not be able to get the attention of a Dáil Deputy for his or her constituency. He or she might be an active member of a political party not represented in the constituency and want to reach out to a representative of the party he or she supported and with which he or she was associated. It would be quite wrong to deny him or her the right to reach that party. I hope the Minister of State amends the amendment. On that basis I would happily withdraw my amendment with regard to a public representative.

I see the Minister accepted the point on non-Irish nationals having access to diplomatic or consular officers and tabled amendment No. 12 which inserts, "if the prisoner is a national of another state, a diplomatic or consular officer of that state". This fully meets my requirement and I thank the Minister for tabling amendment No. 12. It always bemuses me somewhat that even if the principle of an amendment drafted on this side of the House is accepted as quite right the Government will table its own amendment. I will not make much of the point. I welcome the Minister's acceptance of the principle I advocated.

Amendment No. 11 proposes to insert ", United Nations Committee against Torture" after "Commission". This is captured in the alternative amendment No. 13 which states, "or the United Nations Committee against Torture or any document relating to the registration of electors (including entry in the postal voters' list) or to voting at an election or a referendum". Both amendments are transposed into one and perhaps the Minister of State will explain why. It captures the essence of what I want, which is to expand it to include the United Nations Committee against Torture or any document relating to the registration of electors or to voting at an election or a referendum.

The Minister of State was not present at the debate on Committee Stage. The reason the committee on torture was not included in the visiting groups is that the United Nations does not visit. However, it communicates in writing which is why it is linked to the receipt of ballot papers and election material. If that is the reason they are grouped together I fully accept and welcome it. All of the proposals I made save one on the broadening of access by a public representative have been fully met and I am greatly appreciative of the Minister for this and for genuinely engaging on Committee Stage and listening to the arguments I made.

I presume amendment No. 13 is an alternative to amendment No. 14 rather than in addition to it. If this is the case, and amendment No. 14 is fully captured by amendment No. 13, I will accept it and withdraw amendment No. 14.

Amendment No. 15 states, "The imposition of a sanction shall not be stayed by virtue of a petition under section 14 or of an appeal under section 15 unless either the governor, the Minister or the Appeal Tribunal so directs". As I stated on Committee Stage, the Bill does not state whether the sanction can be imposed pending an appeal. I believed the solution was to allow the flexibility I suggest in amendment No. 15, whereby it would apply unless the governor or the Minister directed otherwise. It is a useful amendment although not of great importance.

By and large I am grateful to the Minister for listening and accepting the thrust of what I suggested on Committee Stage with regard to this section.

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