Sandra McLellan (Cork East, Sinn Fein)
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Question 6: To ask the Minister for Justice and Equality the number of unannounced visits which were made by the prison visiting committees to each of the prisons, including St. Patrick's Institution during each of the past five years; and if he will make a statement on the matter. [37927/11]

Alan Shatter (Dublin South, Fine Gael)
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A visiting committee is appointed by the Minister for Justice and Equality to each prison under the Prisons (Visiting Committees) Act 1925 and Prisons (Visiting Committees) Order 1925. There are currently 14 visiting committees, one for each institution.

The function of visiting committees is to visit at frequent intervals the prison to which they are appointed and to hear any complaints which may be made to them by any prisoner. They report to me any abuses observed or found by them in the prison and any repairs which they believe may be urgently required. The visiting committee members have free access either collectively or individually to every part of their prison.

Details of visits, including announced and unannounced visits, along with the arrangements generally made by committees are for the most part contained in the prison visiting committee annual reports for 2010 which I published on 18 November 2011. These reports along with reports from previous years are available on my Department's website. In the case of St Patrick's Institution, the committee reported that they met monthly and carried out 48 random unannounced visits in 2010.

I have previously stated my intention to strengthen the independent oversight of our prisons. Under new legislation to be prepared, I intend to make visiting committees more effective while they continue their role of visiting prisoners and prisons and liaising on their behalf with prison authorities. The arrangements for membership of the committees will be changed and a link will be established between the visiting committees and the Inspector of Prisons in Ireland. I believe this will provide for a more integrated approach generally and will enhance independent oversight of our prison system.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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With regard to St. Patrick's Institution, I have the report before me and it makes for great reading. However, let us consider some of the figures we have obtained since its publication. In a recent report by the Inspector of Prisons in Ireland, it was noted that 25% of the juvenile population in St. Patrick's Institution asked to be held on detention for their own safety. Given the number of complaints made in the recent prison report - I understand there were 19 in total - the figures do not appear to match up. There appears to be few complaints but a high percentage of juvenile prisoners seek special protection within the institution. What is the reason for this?

Alan Shatter (Dublin South, Fine Gael)
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The reason for that is nothing to do with the prison staff. It is to do with young people being members of gangs and being afraid of other members of other gangs. This is a problem within the prison estate dealing with those in their late teens and early 20s in the context of gangs engaged in criminality. Some of these are engaged in violent criminality and the drugs trade where real rivalries exist. Some entering prison make the request that they be treated in the manner as stated by the Deputy. It is not as a result of a disciplinary problem that someone is placed in such a prison cell; it is because they fear for their safety upon admittance to the prison. This is something which must be catered for and it is part and parcel of the difficulties that arise from young people engaged in serious criminality or in a rivalry that produces substantial violence. Such violence translates itself from open society and communities to the prison system. That is the primary reason for the difficulty the Deputy described.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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I again refer to complaints. The report states 44 requests for complaint forms were made, yet only 19 were submitted. That suggests for whatever reason people do not feel comfortable making complaints after receiving forms. Is there any reason why the remit of the Ombudsman for Children cannot be extended to cover that?

Alan Shatter (Dublin South, Fine Gael)
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In the context of young people under 18 who are still accommodated in St. Patrick's, as the Deputy knows it is Government policy to bring that to an end and that requires the building of the new facility in Oberstown in Lusk. The planning for that will continue into 2012 and plans are being drawn up. From 1 January it will fall into the remit of the Minister for Children, which is where it should be.

As matters stand, at present St Patrick's Institution, because it is a prison primarily for adults over 18, does not fall within the general remit of the Ombudsman for Children. Should a prisoner in that prison wish to consult the ombudsman or the ombudsman wish to visit the prison, I can assure the Deputy that facility will be made available and no obstacle will be put in the way.

I do not know why there are occasions when people request complaint forms and do not lodge complaints. It may be on occasions they do not have a real complaint to make. As I have drawn to the Deputy's attention, we are going to do everything possible to ensure that there is independent oversight. The visiting committee, from reading its report relating to St Patrick's institution, was a very dedicated committee which engaged in its work very diligently and produced a report in which it set out its views.

I want to move from a situation where what happens in practice is that visiting committees, although they can contact the Minister during the year, tend to produce annual reports. I want direct communication between those appointed to prison visiting committees and the inspector of prisons. During the course of a year if there is a particular issue and they want to draw it to the inspector's attention they can do so and we will formalise in law an arrangement between members of the visiting committees and the inspector of prisons. That will produce better independent oversight and I hope we will be in a position to publish that legislation during the course of 2012.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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Is it possible to inform prisoners that the option of communicating with the Ombudsman for Children is available?

Alan Shatter (Dublin South, Fine Gael)
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If the Ombudsman for Children wishes to visit St. Patrick's Institution or talk to young people under 18 who are held there, she will have the fullest co-operation.