Michael McDowell (Dublin South East, Progressive Democrats)

This amendment makes it mandatory to set procedures in the prison rules. I do not want to accept it because if every procedure is set out in the rules, it could mean inflexibility is introduced into the whole inquiry procedure, which would militate against trying to make the system work. The term "may" is used in the legislation and of course there will be the outline of a procedure. However, there could be unforeseen circumstances whereby a procedure has to be invented because of the nature of something or other. All types of contingencies may arise and if there is to be a statutory instrument to cover every unforeseen procedure, unfortunately the system will get bogged down in bureaucracy and legalities. I want a system that works, primarily, and given that there is an appeal mechanism involved in the whole procedure and the fact that legally trained people will operate it, it is not necessary to stipulate that every single contingency the disciplinary system might run into has to be laid down in a statutory instrument, such as a prison rule.

Amendment No. 13 is a Government amendment. It forms a response to points made by Senators Tuffy and Henry on Committee Stage to the effect that a doctor is included in the list of persons who might visit a prisoner, despite a prohibition on visitors as a sanction, but that as a doctor might not always be the most appropriate person, other types of health care workers might be required. I believe the amendment proposed is sensible, because anybody who is giving medical advice or treatment could include doctors, nurses, dentists, psychiatrists, psychologists and people of that type, who would be covered, and even those involved in the supply of basic procedures such as paramedical activities. I thank Senators Henry and Tuffy for their suggestion.

On amendment No. 15, I explained to the House on Committee Stage that the UN Committee against Torture does not actually visit prisons, unlike the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. The UN Committee against Torture monitors the implementation of the UN Convention against Torture and other cruel, inhuman or degrading treatment or punishment. This monitoring function is carried out through the examination of reports submitted by states, parties and NGOs in terms of responses to them, on the rights under the convention, and how these are being implemented. Since this does not happen, there is no point for providing for it in law.