Maureen O'Sullivan (Dublin Central, Independent)
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Question 178: To ask the Minister for Justice and Equality the number of complaints made by prisoners in each prison last year; the number upheld; the number appealed; the subject matter of these complaints; the training for staff in supporting prisoners making a complaint; and if her accepts the need for an independent complaints system [33878/12]

Alan Shatter (Dublin South, Fine Gael)
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It is not possible, in the time available, to collate the information requested by the Deputy. I will furnish the information to the Deputy as soon as possible.

In respect of a complaints system I can inform the Deputy that prisoners may make a complaint about treatment in custody through a number of channels, including local prison management, the Prison Visiting Committee, the Inspector of Prisons, the Minister, and he or she also has access to the Courts. They may also complain to the European Court of Human Rights and to the European Committee for the Prevention of Torture. In the cases where allegations of assault are made, the Garda Síochána are called to investigate.

Following the report by the Inspector of Prisons to the Minister for Justice, Equality and Law Reform (February 2009) in which he expressed concern about allegations of mistreatment of prisoners by staff and the apparent inadequacies of the mechanisms for dealing with such allegations, the Director General of the Irish Prison Service appointed a team to examine these specific allegations, to examine whether the safeguards in place are adequate to protect the rights of prisoners in this regard and to make recommendations in relation to how such safeguards could be strengthened.

The report made a number of recommendations which were implemented across the entire prison system by way of a Prisoner Complaints Investigation Policy which was introduced with effect from 20 January, 2010. The main points of the policy were:

1. All complaints and allegations are acted upon and investigated and acknowledgements issued no later than 7 working days.

2. Prisoners have easy access to complaint forms and a method of submitting complaints directly to the Governor.

3. Any allegation of excessive use of force should be reported to the Governor immediately and the Gardaí notified.

4. An efficient and effective record system to be put in place and maintained including a standardised journal.

Further recommendations in relation to the investigation of prisoner complaints were made by the Inspector of Prisons and by the CPT in their report following their visit to Irish prisons in 2010. The recommendation that a time-frame for internal investigations be incorporated into the new policy has been adopted by the Irish Prison Service. The initial investigation must be concluded within four weeks of the complaint being made. The policy has also been amended to address a number of issues raised by the Inspector of Prisons.

Following consultation with the Inspector of Prisons, I am making arrangements for the introduction of a new complaints system. This process is at an advanced stage and I will be making an announcement shortly.