Brendan Howlin (Wexford, Labour) | Oireachtas source

Judge Reilly is a superb inspector. His perseverance ensured that this report was made and that these shocking wrongdoings were brought into the public light of day. As I explained, the Minister for Justice and Equality intends having a much more robust inspectorate system. As I also listened to "Morning Ireland" with shock this morning, I rang him immediately to discuss this particular matter. As the Senator is aware, the Minister has extended the remit of the Ombudsman for Children to include St. Patrick's Institution in respect of children. That is one of the steps he took last July. Consequently, in respect of children, the Ombudsman for Children is capable of and does review St Patrick's Institution.

The logical question then is why the prisons in general would not come under the remit of the State Ombudsman and it is a fair question to ask. As I explained on the last occasion, the Minister for Justice and Equality has asked that he be allowed to put in place a robust complaints system by way of statute and he is working on that legislation, which will be brought before this House before too long. Not only will it require detailed reports but I note some of the visiting committee reports have been suppressed in the past and never saw the light of day. This no longer will be allowable under the new legislation, nor will it be possible to bury the full reports of the Inspector of Prisons and Places of Detention. The Minister intends that such reports will be brought to the Houses of the Oireachtas at the latest three months after they are submitted to the Minister for Justice and Equality. Obviously, they must go to the Government and so on before that but at a maximum, three months after their submission. That will be a robust mechanism.

No one would deny the current prisons inspectorate, that is, Judge Michael Reilly, is anything but an excellent Inspector of Prisons and Places of Detention. However, as I indicated on the last occasion, notwithstanding having a robust complaints mechanism, if it is felt that it ultimately proves to be insufficiently robust, I have stated it would be a matter for the joint committee of which Senator Ó Clochartaigh is a member to make recommendations. Notwithstanding this mechanism, it can bring in and examine the Prison Service and if the aforementioned joint committee makes recommendations to that effect, I would be very minded to accept any such recommendations. This is what I am saying to the Senator now.

As for doing this immediately, one job I have is to avoid duplication. For example, a state of affairs in which someone like Judge Reilly is investigating a complaint, calling in the prison staff and demanding the paperwork and access to the data, while at the same time, the Ombudsman is conducting an inquiry into the very same matter, gathering the same documentation, interviewing the same people, is a duplication and a potential clash. Consequently, we must bed down an effective system first and then ascertain whether another layer must be added on top of that. However, my honest belief is that the system that is envisaged, as I understand it from the Minister for Justice and Equality, will prove to be highly robust. I hope the Senator will accept my bona fides in this regard.