Michael McDowell (Dublin South East, Progressive Democrats)

With regard to the proposal that the Oireachtas and not the Government should decide the contracts, the Attorney General's office advises that a decision in this regard is most suited to the Executive.

Amendments Nos. 7 to 9, inclusive, insert additional conditions on the performance of functions by a prison custody officer, including that he or she must demonstrate respect, ensure the safety, security and well-being of prisoners in custody, behave in an appropriate manner and act in accordance with the law. I am advised by the Parliamentary Counsel not to accept these amendments on the basis they are covered by section 6(6), which states that a certificate is not issuable unless the person in question "is of good character, is capable of performing the functions of prisoner custody officer, has undergone such course of training relating to, or has such experience of, custody of prisoners as would, in the opinion of the Minister, enable the person to perform the functions of a prisoner custody officer in an efficient manner, and is otherwise a fit and proper person" to be appointed. That provision is as broad as it needs to be, as I do not wish to be too detailed because people read things into detailed provisions that were never intended. Everybody treats prisoners with respect but primary statute law does not make provision for a full-time prison officer treating a prisoner with respect. It is not necessary to place specific obligations on a prison custody officer which are not even applied to a prison officer during his or her work.