David Stanton (Cork East, Fine Gael) | Oireachtas source

On behalf of the Minister, Deputy Flanagan, who sends his regrets, I thank Senator Ruane for raising this important matter in the House. We acknowledge also Senator Ruane's dedicated interest in this area and in respect of penal reform and detention generally. It is an important issue which I hope she will continue to raise.

As the Senator said, Ireland signed the Optional Protocol to the UN Convention against Torture, or OPCAT, in 2007 but has yet to ratify the instrument. The protocol is additional to the convention, which Ireland signed and ratified a number of years ago. The Government is committed to the convention and has participated fully in everything its ratification entails. The additional protocol is preventative in nature and provides for the establishment of national preventative mechanisms for the inspection of facilities where persons are held involuntarily. While the Department of Justice and Equality has been tasked with progressing legislation to ratify the protocol, the instrument impacts on a number of sectors, including health, defence, children and youth affairs. The Department has, therefore, consulted key stakeholders in 2018. These stakeholders comprise those organisations with policy or operational responsibilities in respect of inspection arrangements across the ambit of the national preventative mechanism regime provided for in OPCAT. As I stated, that goes beyond the justice sector. In addition, stakeholders consulted include advisory and advocacy organisations with expertise in this area. As part of this process, the Department has sought the views of stakeholders on the Irish Human Rights and Equality Commission's 2017 research on the implementation of OPCAT in Ireland. This welcome research led to the publication of a comprehensive report on the primary considerations for the State in making progress towards ratification and implementation of the protocol.

The last submission in the consultation process was received in April 2018. Since then, officials have met a number of stakeholders, including the Inspector of Prisons and Places of Detention who was appointed last year. It is intended that the inspector and her office will have increased resources to carry out OPCAT-type inspections in the justice sector. Late last year, the Irish Penal Reform Trust and the Irish Council for Civil Liberties held a round-table discussion on the implementation of the protocol. Given the feedback at this discussion, it was decided that further consideration should be given to what organisation should carry out a co-ordinating role for national preventative mechanisms, including the option of appointing the Irish Human Rights and Equality Commission, which Senator Ruane also suggests. The Department is finalising the draft scheme of an inspection of places of detention Bill to provide for the ratification of OPCAT. It is intended to provide in the Bill for a network of national preventative mechanisms in relevant sectors. The Bill is intended also to provide for a co-ordinating mechanism to assist the sectoral bodies and liaise with relevant stakeholders on the implementation of the protocol.In finalising the draft scheme, every consideration will be given to the proposals which were conveyed during the consultation process, including which organisation should co-ordinate the national preventive mechanisms, NPMs. The Minister intends to circulate this scheme to stakeholders for their comments as soon as possible. In doing so, the Department of Justice and Equality will look for other relevant Departments to consult all relevant stakeholders in their sectors. Similarly, in due course, it will be a matter for each Minister to appoint one or more sectorial NPMs. Following these further consultations, it is intended to finalise the scheme for submission to the Government for approval and transmission to the Office of the Parliamentary Counsel for formal drafting this year.