Mattie McGrath (Tipperary, Independent) | Oireachtas source

The Minister has his work cut out for him. As he knows, this amending Bill is long overdue and there are huge issues. I will stick to the Department of Justice and the protected disclosures procedure within the Irish Prison Service. The Minister responded to a parliamentary question last week and I am aware that there are huge concerns regarding procedures within the Irish Prison Service. She stated in her reply that Irish Prison Service's protected disclosures policy outlines "the protections and supports available for staff who make protected disclosures and those involved in the investigation of a protected disclosure". She went on to state: "My Department and the Prison Service have engaged independent [and private] investigators to examine the majority of the disclosures and to report to the disclosers on the findings." Two such independent reports by Judge William Earley and by McCann FitzGerald LLP found that those making a protected disclosure were not supported or protected and that the Irish Prison Service was not implementing its protected disclosure policy and was not protecting those who make protected disclosures. These findings were furnished to the Minister for Justice, which is alarming in this day and age. In her response to me, she explained:

There are dedicated units in my Department and in the Prison Service to liaise directly and in a confidential manner with disclosers. The Prison Service has provided training to staff on Protected Disclosures and Dignity at Work policies and procedures and it is planned that further training will be provided going forward. [That is lovely and dandy in print but it is not happening.]

Employees of the Prison Service are encouraged to avail [according to the Minister] of the support services available. These include the HR Governors and Staff Support Officers at the prison locations.

I am concerned about the Minister’s response, advising those seeking support to speak to the HR governor. One HR governor was interviewed by the independent external investigator, McCann FitzGerald LLP, and in his testimony, which is provided in the final report, he stated that he has received no training in protected disclosures and that he believed he has no remit regarding protected disclosures. What is going on then? It is shocking that he believes he has no role in this regard. Can the Minister explain what support this provides?

The original Act has been described as weak and deficient and I agree with that analysis, which is why this amending Bill is here. People have suffered as a result of those weaknesses and deficiencies.

Will the amendments that the Minister is making be made retrospective to provide remedy for those who continue to seek justice under the original Act? I doubt it but I am calling for that because it should be thus. Given that an independent report has said that the law was weak and ineffective, it is essential that the amendments to the original Act are made retrospective to support those who made protected disclosures under the original Act.

The manner in which protected disclosures are dealt with by the Irish Prison Service must be seriously reviewed. I am in receipt of numerous reports of bullying and intimidation of staff right across the service but the manner in which complaints are managed is not appropriate by any yardstick and often leads to further bullying, intimidation and victimisation of staff. These matters must be dealt with because we are in a serious and perilous situation. Lives have almost been lost. People have nearly been driven to suicide. I have met these people - their families have been intimidated, threatened and abused. It is shocking that this could go on in a modern democracy, 100 years after celebrating our so-called freedom. These people have worked hard to provide good service to the State and to be bullied and intimidated like that is totally unacceptable. Something is rotten in the state of Denmark, as the saying goes, and something is definitely rotten in the Irish Prison Service. The legislation the Minister is bringing forward is totally inadequate. If we do not learn from the mistakes of the past, we have no hope going forward.

I appeal to the Minister for Public Expenditure and Reform, whose bona fides I respect, to do something. The Minister of Justice reads out replies to me which are just a smokescreen and a cover-up because there are no services there.

See this speech in context