Brendan Howlin (Wexford, Labour) | Oireachtas source

These issues were, in fact, debated in some detail in the course of the Committee Stage debate on the Ombudsman (Amendment) Bill 2010 in the Seanad last week. Since the debate is ongoing in the other House I am not sure how far we can stray into it. I intend to debate as widely as you will allow, a Leas-Cheann Comhairle.

In relation to the prisons, the Minister for Justice and Equality has confirmed his intention to introduce a new, credible prisoner complaints system to deal with genuine complaints in an open, transparent and independent way. Robust new procedures will be implemented, with priority given to complaints causing most concern, namely, those alleging ill-treatment, use of excessive force, racial discrimination, intimidation or threats. Such complaints will be examined by investigators from outside the Irish Prison Service. Given the proposals of the Minister for Justice and Equality, the Government does not consider it appropriate at this time to bring an action taken in the administration of the prisons for the custody of persons committed to custody by the courts within the Ombudsman’s remit.

The Deputy will be aware that the programme for Government contains a commitment to introduce comprehensive reforms of Ireland’s immigration, residency and asylum systems which will include a statutory appeals system and set out rights and obligations in a transparent way. This is intended to provide for the efficient processing and determination of citizenship applications within a reasonable time period. These reforms will be progressed through the enactment of the Immigration, Residence and Protection Bill 2010.

The provisions of the Bill will radically reform the asylum and immigration process, including the introduction of a single procedure for the processing of "protection cases" which will allow for all aspects of asylum, subsidiary protection, leave to remain, etc. to be dealt with together rather than separately and in sequence as is the case under the current system. This will streamline and speed up the entire process.

Additional information not given on the floor of the House.

The Minister for Justice and Equality intends, following the development of key Government amendments to the Bill, to return to the Oireachtas with this comprehensive legislation as the centre-piece of a wider programme of immigration reform. It is his objective to be in a position to bring the new Bill to the Government for approval and publication later this year. In view of his intention to embark on a deep and extensive programme of reform in this area, the Government has decided that it would not be the appropriate time to introduce a review of administrative actions in this area by the Ombudsman. The Deputy should, however, be aware that while it is not proposed to extend the remit of the Ombudsman to prisons and all issues relating to asylum, refugees and naturalisation at this time, the Government has agreed to these bodies being brought under freedom of information legislation. This will play a role in strengthening the openness, transparency and accountability of these bodies.

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