Michael McDowell (Dublin South East, Progressive Democrats)

I cannot accept the proposal in amendment No. 14 that a prison custody officer not be allowed to perform the function pending a decision relating to a complaint. That would mean prisoners could effectively wipe out prison custody officers by making complaints. If such a provision were applied to prison officers at the moment we would have chaos in our prisons. It does not make any sense to make a provision in respect of a prison custody officer that would not be made in respect of a prison officer.

Amendment No. 15 is a Government amendment substituting the term "functions" for "powers". The Labour Party amendment concerns the provision whereby a prison custody officer is prohibited from requiring the removal of a prisoner's clothing, other than outer clothing, unless he or she has reasonable grounds for believing that the prisoner has concealed a prohibited article. It is the intention that intimate searches only be conducted in accordance with prison rules. I cannot allow people in transit to be dealt with differently depending on the identity of the person in whose custody they are. We are trying to keep drugs out of prisons and I want an effective system in which prison rules will be capable of applying.

All matters relating to reporting obligations, as in amendments Nos. 17 and 18, are capable of being dealt with by rules. A mandatory context by way of primary statute is not appropriate.