Lynn Ruane (Independent) | Oireachtas source

I raise the optional protocol to the convention against torture, OPCAT, a very important international treaty that governs Ireland's obligations to protect its citizens from all forms of torture and ill treatment. Ireland signed OPCAT in 2007 but 12 years later, we have yet to ratify it, meaning that we are not bound to comply with its requirements. When does Ireland plan to ratify this instrument? In response to a parliamentary question tabled by Deputy Clare Daly last week, the Department of Justice and Equality indicated that primary legislation will be required and that it will circulate a draft scheme to stakeholders before making a formal proposal to the Government this year. The Government held a similar position, however, on the UN Convention on the Rights of Persons with Disabilities. In that case, it indicated that primary legislation would be required, but then decided to ratify it before the required legislative changes were enacted and progressed them after formal ratification. Has the Minister of State considered whether this would also be an option in the case of OPCAT? If the Department remains of the view that primary legislation is required, will the Minister of State provide more information on the status of the process? Does the Department hope to bring the proposal to Cabinet before the summer recess?Will legislation be introduced in the Oireachtas in autumn? As the Minister of State knows, groups working in the area are concerned at the pace at which the proposals are being advanced. Therefore, as much detail as the Minister of State can provide would be appreciated.

As the Minister of State also knows, the key and most crucial part of the convention is the optional protocol which requires states parties to set up, designate or maintain at the domestic level one or several visiting bodies for the prevention of torture and other cruel, inhuman and degrading treatment or punishment. These are known as national preventative mechanisms. States are required to provide those national preventative mechanisms with unfettered access to all places where persons are deprived of their liberty. In light of the history in Ireland of unlawful detention and institutional abuse, including in the Magdalen laundries, we need to get the inspections process right. Independent and regular inspections of institutions and care settings shine a light on otherwise hidden or closed spaces. The nature of such spaces is a common thread in abuse. We must also broaden our understanding of the deprivation of liberty beyond traditional detention settings like prisons and consider health and social care settings, immigration detention centres, direct provision centres, psychiatric hospitals and nursing homes.

The current system is in need of reform. By ratifying OPCAT, we can introduce new inspection regimes and improve, reform and consolidate the existing ones. I understand the Government is considering appointing a single body to conduct inspections in all deprivation-of-liberty settings. Potentially, this may be the Inspector of Prisons and Places of Detention. I ask the Government to consider alternatives to this option. We need sector-by-sector mechanisms whereby those with experience and expertise conduct inspections within their own sectors. For example, HIQA has expertise on health and social settings as the Ombudsman for Children has with child-related settings. We need experts overseeing their own sectors to achieve real and effective oversight. These individual sectoral mechanisms could then be co-ordinated by a single body, with the Irish Human Rights and Equality Commission being the obvious choice. I am happy to work with the Minister on any of these proposals. They are all practical and would see OPCAT implemented in Ireland to the highest possible standard. I look forward to the reply.