Dáil debates

Tuesday, 28 March 2023

Saincheisteanna Tráthúla - Topical Issue Debate

Inspector of Prisons

10:15 pm

Photo of Jackie CahillJackie Cahill (Tipperary, Fianna Fail)
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The Office of the Inspector of Prisons is a statutory body that is independent in how it carries out its work and was set up under the Prisons Act 2007. Its mission is to support excellence in delivery and outcomes of Ireland's prisons through an independent programme of inspections and investigations. The Office of the Inspector of Prisons rents an office in Dublin that will not facilitate the expansion of this body. It also has an office in Nenagh in my constituency that could easily be expanded and increased space found for much less cost than relocation and expansion in Dublin would cost.

The Office of the Inspector of Prisons is set to expand considerably to include all places of detention. This means that prisons, courthouses and Garda stations will fall under its remit. This will require additional staff and a large space to operate out of to offer the much-enhanced operations of this public body. With the increased remit of this office and growing staff and responsibility, the location of this office is a decision that must now be made.

Its current location in Nenagh should be retained and expanded. I believe it would be an aggressive move to centralise its office back in Dublin. It would be costly for the Exchequer and would result in further centralisation of one of the bodies of the State in the capital. Government policy is decentralisation and this is one that can easily be done.

Nenagh is centrally located and easily accessible. It is on the motorway and has an array of services. This will be vital to the future efficient and effective management of the Office of the Inspector of Prisons when it undertakes its new functions to oversee all places of detention in the country.

As such, I am calling on the Minister to ensure that the Office of the Inspector of Prisons is retained in Nenagh with an increased workforce and capacity. Nenagh is an ideal location for the office. It will be able to service the length and breadth of this country and will ensure that a cost-effective solution can be found in the physical expansion of the office. Like the previous speaker, we have lost our chief superintendent. A county the size of Tipperary now has no chief superintendent based in it and our chief superintendent is operating out of Ennis. We can see already that we are suffering in terms of resources because of that. I strongly appeal to the Minister to retain these resources in Tipperary. He should retain the Office of the Inspector of Prisons in Nenagh and invest in and expand this office as part of the growing functions of the Office of the Inspector of Prisons.

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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I want to thank Deputy Cahill for raising this important issue. I will certainly seek an update on Garda resources for County Tipperary because I am conscious that Tipperary is the home of Garda recruitment. The Deputy and I have visited the Garda College in Templemore and the Deputy knows it very well. We will visit it again shortly as we welcome more Garda recruits into it in May.

Oversight and evaluation are welcome and important elements in developing and improving our penal system. The work of the Office of the Inspector of Prisons forms an essential aspect of this oversight infrastructure. As has been proven over many years, this Government is committed to ensuring that the Office of the Inspector of Prisons has the resources necessary to perform its important role. I can assure the Deputy that both my Department and I are committed to continuing to engage with the Inspector of Prisons to ensure it has the resources necessary to undertake its work both now and into the future.

In this regard, as the Deputy will be aware, the programme for Government includes a commitment to ratify the Optional Protocol to the UN Convention against Torture, OPCAT. This protocol provides for the establishment of bodies known as national preventive mechanisms, which inspect places of detention with a view to the prevention of torture and other cruel, inhuman or degrading treatment or punishment. My Department is leading on the development of the legislation needed, which is called the inspection of places of detention Bill, to facilitate the introduction of a multiple-institution national preventive mechanism model in this State that will allow for the ratification of OPCAT. The approach proposed in the scheme to provide for this is to expand the existing statutory role of the Inspector of Prisons to become a chief inspector of places of detention, which will be designated as the national preventive mechanism not just for prisons but for the whole justice sector. The Office of the Inspector of Prisons has welcomed this transformation. As the Deputy may also be aware, pre-legislative scrutiny of the general scheme of the Bill took place on 18 October 2022 and my Department has very recently received the report of the Oireachtas Committee on Justice. This report is being considered so that its findings and recommendations can be used to inform how best to move forward and inform the drafting of the Bill.

It is acknowledged that additional financial and human resources will be required to ensure the Office of the Inspector of Prisons, as the new inspectorate of places of detention, can perform its statutory functions effectively and with appropriate functional independence in line with Ireland’s international obligations. However, it is not yet possible to fully quantify exactly what will be needed to implement the measures contained in the Bill at this stage as it is still being drafted. I hear the points the Deputy is making. Decisions in this regard will be made in due course. I have committed to publish the Bill as soon as possible so that it may proceed to enactment without undue delay and allow for ratification of OPCAT. In this context, my Department will continue to engage with the Inspector of Prisons about what is needed both now and into the future and to ensure that the needs identified will be objectively assessed by the OPW so that the best possible solution to meet the requirements can be identified.

In short, there is new legislation to come and this legislation will see an expanded role as Ireland seeks to fulfil its obligations under OPCAT. As part of that, we will be engaging with the Inspector of Prisons and the OPW on what is required in terms of resourcing, offices and the like and we will continue to liaise with Deputy Cahill in that regard.

Photo of Jackie CahillJackie Cahill (Tipperary, Fianna Fail)
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I thank the Minister for his answer. As I stated in my earlier contribution, we are aware that the role of this body will be expanded. In my view, it is not necessary to have an office in the vicinity of St. Stephen's Green to operate effectively. This important body can operate as effectively if not more effectively from a rural town location. As the question of resources and the location of this office are being discussed, it must be pointed out that we have had an office in Nenagh for the past 12 years. The opportunity to expand that office is now there under the revamped organisation. I do not know how many staff will be employed in it but the number of staff will significantly increase. I urge the Minister to continue with the tradition of having the Inspector of Prisons located in Nenagh. It will operate as effectively if not more effectively in a rural town and with significantly less cost to the Exchequer.

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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I again thank Deputy Cahill for raising this important issue and for putting across his point succinctly and forcefully. I assure him that I will continue to engage with him as we publish the Bill and as we engage with the OPW. I am happy to keep in touch with him in this regard.