Mary Lou McDonald (Dublin Central, Sinn Fein) | Oireachtas source

-----and if I am not mistaken, perhaps within a day or two the report on St. Patrick's Institution was placed in the public domain. It writes large the reason, above all else, examination of this area should not be exempt from the jurisdiction of the Ombudsman. I hear what the Minister is saying about an alternative procedure, but let me put it to him in these terms. The experience and observations of the Irish Prison Service have been so damning for so many years and there have been so many negative experiences, including, for instance, the damning account of the Ombudsman for Children, Ms Emily Logan, of her interaction with the prison authority and staff in St. Patrick's Institution, that if ever there was a case for an institution coming within the ambit of the Ombudsman, it would be that of prisons and places of detention. I hear what the Minister is saying about flexibility within the legislation, that if he were so minded to extend its scope, he would not have to amend the primary legislation, etc., but I want him to go one better and from the get-go include these institutions, in particular, in the legislation. The Ombudsman and her predecessors have been clear on the importance of these elements of justice falling within the remit of the ombudsman. They have made this point consistently and have not resiled from that position. Our experience of places of detention should inform us that this is the sensible way to proceed.

The Minister's faith in his colleague, the Minister for Justice and Equality, Deputy Alan Shatter, may be admirable, but it is misplaced. This legislation and these reform and accountability mechanisms fall fairly and squarely within the Minister's remit. It is his responsibility to bring them home. He should not wait for a ministerial colleague to do right or introduce processes not yet clearly defined to deal with these matters. I said so to him when we debated the matter at Question Time. What are we hiding from and what are we running away from? It seems logical that the Ombudsman should have an oversight role in respect of justice matters, particularly in places of detention. I, therefore, intend to press the matter to a vote. For me, the biggest flaw in this legislation is that the Minister has not taken the necessary step by including that element.

Working backwards, I see the good sense in some of the Minister's amendments. He has given his rationale for amendment No. 12. Amendment No. 10 concerns exempted agencies. I could argue the fine detail of the precise definition of exempted agencies, etc., but my much bigger concern, as I said to the Minister previously, is that the elements of the Department Justice and Equality mentioned be included. It is welcome that the Minister has built in a mitigating measure, that, if it comes to it, he can extend the remit to capture these matters, but I press him once again to do so at this juncture rather than to kick the can down the road.

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