Michael McDowell (Dublin South East, Progressive Democrats)

I accepted amendment No. 8 when it was proposed by Deputy Ó Snodaigh in the other House. It clarifies the meaning of the word "record", as used in this section of the Bill. I was advised that the amendment was not entirely necessary, but I decided to accept it because it provides consistency by reflecting the wording of section 10(3) of the Bill, which relates to access to records, documents, etc., by an officer who is appointed to monitor the performance of a contractor that is providing prisoner escort services.

Amendment No. 9, which was proposed in the other House by Deputy Ó Snodaigh, adds the words "arising out of an inspection" to this section of the Bill. It is a reasonable amendment.

Amendment No. 11 is a Government amendment which will oblige the Minister to lay both reports of the Inspector of Prisons made under this legislation before the Houses of the Oireachtas and to have them published. The Bill, as initiated, provided for the publication of the reports. When this section was amended during proceedings in this House to provide a timeframe for the laying of the report and its publication, the words "and to be published" were inadvertently omitted from the amended section. This amendment reintroduces the words and reconfirms that it is intended to provide for the publication of the reports.

Amendment No. 12 is a drafting amendment which improves the text of an amendment that was proposed during the debate in this House and which I accepted at the time. It provides that while the Inspector of Prisons may not examine or adjudicate on individual complaints from prisoners, he or she may examine the circumstances surrounding such a complaint.

Amendment No. 13 is a Government drafting amendment, which confirms the application of section 32(4) to the laying before the Houses of the Oireachtas and publication of the annual report of the Inspector of Prisons. Section 32(4) states that the provisions of sections 31(4) and 31(5), which relate to reports on inspections of individual prisons, will also apply to the annual report of the Inspector of Prisons.

Amendment No. 14, which is another drafting amendment, ensures that the Minister will be obliged to lay both of the annual reports of the inspector before the Oireachtas and to have them published.

During the debate in this House and the other House, Members asked about the status of the current Inspector of Prisons, whose term in office will end on 23 April next. I am examining my options in relation to the appointment of an inspector on a statutory basis under this legislation if it is operational by that time. I intend to commence this Bill with effect from 1 May 2007, and the appointment of an Inspector of Prisons will take place shortly thereafter. I have previously indicated my appreciation of the work of Mr. Justice Kinlen. I hope he will serve a further period in office.