Brendan Howlin (Wexford, Labour) | Oireachtas source

I thank the Deputies opposite for the cogent cases they have made which I will address seriatim.

On the exclusion of the Irish Prison Service, the Minister for Justice and Equality has confirmed his intention to introduce a new and credible prisoner complaints system which will deal with complaints in an open, transparent and independent way. Robust new procedures will be implemented, with priority given to complaints which give rise to most concern, including allegations of mistreatment, the use of excessive force, racial discrimination, intimidation and threats. Such complaints will be examined by investigators from outside the Irish Prison Service. The service has already recruited a panel of 22 external investigators who will undergo appropriate training this month and the new procedures for dealing with the most serious complaints will go live from 1 November.

I share the concerns expressed by the Deputies about the recent report on St. Patrick's Institution. The Government will not tolerate the abuses disclosed in that institution. That the matters arising have been brought to light is testament to the robustness of the Inspector of Prisons and Places of Detention. We want to give oversight statutory underpinning, with a team of independent investigators. I ask Deputies to allow this to happen without interposing another body until we see how the new regime beds down. We do not want to have two State bodies doing the same thing at the same time in calling for the same papers, investigating the same matters, calling the same witnesses and, perhaps, coming to different conclusions.

The Minister for Justice and Equality has made clear his intention to establish a complaints system in a statutory framework. I have spoken to him directly about the matter and his Department is working on legislation which will be brought to the House at the earliest opportunity. Under his plans, a report will be brought to the Houses of the Oireachtas not more than three months after it is submitted by the Inspector of Prisons and Places of Detention. It is clear that the inspectorate is doing an excellent job. If there are concerns that the new regime is not sufficiently robust, I expect the Joint Committee on Public Service Oversight and Petitions will respond on the basis of its responsibility for the Ombudsman. The Ombudsman will report to that committee and I am sure she will express her opinion on such matters. I have pledged in the Seanad that I will consider the committee's views, alongside those expressed by the Ombudsman and the relevant Minister, on extending the Ombudsman's remit to include this area. That is a reasonable perspective to take at this stage and I welcome the support offered by Deputy Sean Fleming in this regard.

In regard to the immigration, refugee and naturalisation agencies, the programme for Government contains a commitment to introduce comprehensive reforms to Ireland's immigration, residency and asylum system, including having a statutory appeals system that is transparent to all immigrants and asylum seekers. The intention is to provide for the efficient processing and determination of citizenship applications within a reasonable period of time. The reforms will be placed on a statutory footing through immigration, residence and protection legislation. Deputies will be aware of the Immigration, Residence and Protection Bill 2010. Following the development of key Government amendments, the Minister for Justice and Equality intends to return the Bill to the Oireachtas as comprehensive new legislation which will be the centrepiece of a major programme of reform in the area of immigration. His objective is to be in a position to bring the new Bill to the Government for approval and publication this year in order that it can be enacted as soon as possible thereafter as the Houses permit. In view of his intention to embark on such an extensive programme of reform, the Government has decided that it would be inappropriate at this stage to introduce a review mechanism or bring this area under the purview of the Ombudsman. We need to allow the system to bed down in order that we can identify what we need to review. I hope the Deputies opposite will give the Minister the benefit of the doubt in that regard.

In response to the questions raised by Deputy Sean Fleming, I have determined that the reserved functions of local authorities should continue to be excluded from the remit of the Ombudsman. Complaints about local authorities comprise a substantial proportion of the Ombudsman's work, but an issue arises in respect of reserved functions, that is, the exercise of viewpoints by elected representatives. Should we establish a system to second guess the right of an elected member to vote for or against a development plan? If corruption occurred, it would be a matter for the Garda Síochána to investigate. In the exercise of their democratic right, local authority members should be free agents in the same way as the Constitution provides that the Members of this House can exercise their democratic authority. Deputy Sean Fleming is correct to note that all such actions are subject to judicial review, but the courts would not look behind the decisions themselves. All that is considered is whether proper procedures and constitutional norms on appropriateness and fairness were observed. If the High Court found a procedure to be arbitrary, improper or not in accordance with law, it obviously would have something to say about it.

The Private Residential Tenancies Board operates a national tenancy registration system, resolves disputes between landlords and tenants and provides policy advice for the Government on the private rented sector. The PRTB's dispute resolution service replaces the courts in the majority of landlord tenant disputes. It is being brought within the remit of the Ombudsman in so far as the administrative aspects of its functions are concerned. Deputy Sean Fleming specifically asked about Part 7 which lists its functions. I will have a copy of Part 7 supplied to the Deputy.

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