Aodhán Ó Ríordáin (Dublin North Central, Labour) | Oireachtas source

We are making a little history today. I thank all of the Members who contributed to the debate on the Bill. The Minister for Justice and Equality, Deputy Frances Fitzgerald, and I are grateful for the support of Senators for the proposals contained in the Bill.

The Prisons Bill finally delivers on the calls to close St. Patrick's Institution which have been made for the past 30 years. The Government's unprecedented programme of reform in closing St. Patrick's Institution and developing national children detention facilities at Oberstown will allow young people sentenced to detention to be placed in a secure environment that will offer them a better chance, as stated in the Children Act 2001, to take their place in the community as persons who observe the law and are capable of making a positive and productive contribution to society.

Before concluding, I advise the House that the Minister intends to table amendments to the Bill in the Dáil to provide for two further matters. The amendments are linked with High Court proceedings in connection with prison related matters. Unfortunately, it was not possible for the drafting of the amendments to be completed in time for their inclusion in the Bill, as published, or for them to be tabled on Committee Stage. The first arises from the judgment of the High Court earlier this year in the case of Mr. O v.the Minister for Justice and Equality. In that case the High Court considered the legality of the temporary release of a prisoner who had been subject to a deportation order and deported immediately after his release from prison. The High Court decided that section 2 of the Criminal Justice Act 1960, which governs the temporary release of prisoners, did not permit the temporary release of prisoners who were subject to deportation orders for the purposes of their deportation or removal from the State. Given the practical implications of the Mr. O judgment for the deportation process, the Minister believes a clear legislative basis is needed to allow non-national prisoners to be taken from prison by members of An Garda Síochána or immigration officers for the purposes of giving effect to deportation orders under the Immigration Act 1999 or removal orders under the European Communities (Free Movement of Persons) (No. 2) Regulations 2006. She, therefore, proposes to bring forward an amendment to make new and specific provision for this purpose.

Second, arising from an issue that has emerged in recent High Court proceedings, the Minister considers it appropriate to bring forward a technical amendment relating to warrants issued by courts in Dublin for the committal of persons to prison. Dublin District Court committal warrants are addressed to An Garda Síochána in accordance with the Petty Sessions (Ireland) Act 1851. However, District Court Rules permit committal warrants in Dublin to be addressed directly to the governor of the prison to which a person is to be committed. It has always been thought that this was permitted under the 1851 Act and the courts have operated on that basis. However, in a judgment in the recent case of Grant v.Governor of Cloverhill Prison the High Court judge expressed the view that the relevant provision of the District Court Rules might be inconsistent with the 1851 Act. As this opens up the prospect of uncertainty in the legal position, the Minister proposes to table an amendment to the Bill in the Dáil to declare that the committal warrant issued by the District Court in Dublin can be addressed to the governor of a prison. This is the position that has been taken to apply in Dublin for many years.

The Prisons Bill is expected to complete all Stages in the Dáil on Monday and I understand arrangements will be made for the Bill to be returned to this House later next week in order that it can complete its passage through both Houses and be signed into law by the end of the year.