Seanad debates

Tuesday, 20 March 2007

Prisons Bill 2006 [Seanad Bill amended by the Dáil]: Report and Final Stages

 

3:00 pm

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)

I accepted amendment No. 1 when it was proposed in the Dáil by the Labour Party. While it is not strictly necessary to the meaning, its inclusion means there can be no doubt the definition of "prison rules" refers to a rule in force at a particular time, even if the rule has been since repealed. Amendment No. 10 is a technical Government amendment and amendments Nos. 15 and 17 are also technical amendments.

On group No. 2, amendment No. 2 is an official drafting amendment clarifying that visits from health care professionals will not be included when prohibition of visits generally is imposed as a sanction on a prisoner for a breach of prison discipline under section 13. The amendment addresses concerns first raised in this House, namely, that the original wording might preclude persons visiting for the purpose of providing psychological treatment. It was not intended that a sanction prohibiting visits would preclude persons from providing, for example, dental or psychological services.

Regarding amendment No. 3, the principle was agreed on Committee Stage in the Dáil in response to a Labour Party amendment that public representatives would not be excluded from visiting prisoners on whom a sanction prohibiting visits generally had been imposed. This wording was subsequently tabled to address the issue.

Amendment No. 5 is on foot of amendments tabled by the Labour Party to include the United Nations Committee against Torture in a list of persons in section 13(1)(d)(ii) from whom visits are not prohibited, and to ensure prisoners would not be prevented from sending or receiving documentation in respect of postal voting.

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