Frank Fahey (Galway West, Fianna Fail)

The Parliamentary Counsel has proposed the wording in amendment No. 13 as an alternative. The word "election" would cover voting at general, local and presidential elections as well as elections to the European Parliament. This wording has also been approved by the Department of the Environment, Heritage and Local Government. Amendment No. 14, as a consequence, is unnecessary.

The inclusion of the UN committee in this amendment takes account of Labour Party amendment No. 11 from Deputy Howlin. On Committee Stage, the Deputy agreed that the UN committee, unlike the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, does not have a mandate to carry out periodic visits to institutions.

However, Deputy Howlin considered that it may be appropriate to ensure that letters and other correspondence between prisoners and the UN committee would not be published under section 13(1)(d)(iii). I agree with this proposal and the Government amendment reflects this. As a consequence, amendment No. 11 is unnecessary.

The revised text of section 13(1)(d)(iii), if accepted, will read:

(iii) sending or receiving letters (except letters from a person mentioned in subparagraph (ii)), 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.

Amendment No. 15 from Deputy Howlin provides that a sanction shall not be stayed by reason of lodging a petition under section 14 or an appeal under section 15 unless directed by the governor, Minister or appeal tribunal. I cannot accept this amendment as to do so could cause a sanction to be carried out in advance of the consideration of the petition or appeal, which effectively could negate any decision of the Minister or tribunal in favour of the prisoner.

If, for example, a sanction or confinement to cell for three days is imposed and carried out and the prisoner petitions the Minister, it may be the case that the sanction will have to be carried out before the Minister has had the opportunity to consider the petition.

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