Michael D Higgins (Galway West, Labour)
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Question 555: To ask the Minister for Justice, Equality and Law Reform the position in regard to Ireland's acceptance and implementation of the optional protocol to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; when he will be in a position to advise the Government to do so; the reason for Ireland's failure to sign and ratify despite having voted for the convention; and if he will make a statement on the matter. [32986/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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On 18 December 2002, the third committee of the United Nations General Assembly adopted the draft optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment, OPCAT. Ireland, along with other EU partners, fully supported the draft optional protocol and worked for its adoption at the UN General Assembly and the Commission on Human Rights.

The object of the protocol is to establish a system of regular visits undertaken by independent international and national bodies to places of detention with a view to preventing torture and other cruel, inhuman or degrading treatment or punishment. The international body is proposed to be a subcommittee of the UN Committee against Torture and Other Cruel, Inhuman or Degrading Treatment. The national bodies may consist of one or several bodies as national mechanisms for the prevention of torture at the domestic level.

Ireland's position in regard to the ratification of international instruments generally, including the optional protocol, is constantly reviewed in light of prevailing circumstances and in the context of the ongoing assessment and prioritisation of Ireland's international commitments. My Department continues to review national legislation to ascertain whether legislative changes would be required before signature and ratification of the optional protocol. Consultations have commenced with other Departments and bodies, including the Departments of Health and Children, Defence, and Education and Science, in regard to arrangements for the inspection of institutions for which they are responsible in which persons may be detained without their consent.

Ireland ratified the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, which entered into force for Ireland on 1 February 1989. The Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, CPT, which comes under the aegis of the Council of Europe, was established under this convention and operates a system of international visits across Europe. The committee visited Ireland in 1993, 1998, and 2002.