Maurice Cummins (Fine Gael)

I move amendment No. 3:

In page 8, line 12, to delete "and".

The objective of this group of amendments is to put in place safeguards for private prison custody officers. We must be extremely cautious in framing this legislation as it outlines their statutory duties. We must also bear in mind that if they act outside the scope of the Constitution or engage in unlawful behaviour the State ultimately could be vicariously liable for their actions. We need to ensure the highest possible standards are retained if privatisation occurs and that respect is at the core for private prison officers, as it is for those employed directly by the Prison Service.

These amendments are also designed to create a responsibility on prisoner custody officers to protect a prisoner's safety and well-being. This forms an important element of the job in hand and should therefore be listed in the legislation as a core function. These amendments will put an onus on a prisoner custody officer to behave in an appropriate fashion and require him or her to act only within the bounds of the law. It may well be argued that these statements go without saying particularly with reference to amendment No. 10. However, there is an inherent value in stating them clearly and unambiguously in the relevant governing statute. The Minister mentioned that many of these aspects are covered in subsections (6) and (7) of section 6, but they do not go far enough.