Seanad debates

Wednesday, 17 October 2012

Ombudsman (Amendment) Bill 2008: Committee Stage (Resumed) and Remaining Stages

 

2:00 pm

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

I am speaking directly to the section. I am discussing the proposed organisation that will be carrying out a review of the prison system and the inspector's report is telling Members there is a sense there could be a culture of collusion within the Department of Justice and Equality. Consequently, even if this system has been set up under the Department of Justice and Equality, my point is the independent viewpoint of the likes of the Ombudsman is needed as the last bastion of transparency and to ensure that people get their rights. It is important to note the report stated:


In a significant number of cases, having made a complaint, prisoners then signed a form stating that they did not wish to proceed further with the complaint. I am satisfied from my investigations that threats are made to prisoners and inducements are offered in order that they would not make complaints in the first instance or, if having made them, in order that such complaints would be withdrawn.

I am satisfied from my investigations that threats are made to prisoners and that inducements are offered in order that they would not make complaints in the first instance or, having made complaints, in order that such complaints would be withdrawn. If that has occurred in St. Patrick's Institution, can we be certain that is not happening in other institutions? I am arguing vehemently because I agree that the creation of an independent prisons complaints service would be a good and positive move to deal with day-to-day issues, as the Minister noted last week. However, there may be cases in which people are not happy with the redress they receive through that service. This is the type of role the Ombudsman plays in our broader society. I do not understand how it could be a duplication because the Ombudsman would only review the process gone through by the service. It would represent another stop-gap to ensure transparency and fair play and to ensure everyone gets their rights. I hold strong views on this issue. If the Ombudsman were given the choice, she would have these agencies included in the legislation and it is remiss of us not to include them at this stage. I have referred to the prisons but it applies to direct provision scenarios as well. I have said it before but I will say it again, a State scandal is happening on our watch and we must do something about it.

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