Written answers

Wednesday, 6 February 2013

Department of Justice and Equality

Prisoner Complaints Procedures

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein)
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To ask the Minister for Justice and Equality his plans to increase training of staff and management on the way to deal with prison complaints professionally; and his plans to inform prisoners of the new complaints system and ensure it is accessible. [5991/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Following a report by the Inspector of Prisons to the Minister for Justice and Equality in March 2012, regarding the introduction of a new complaints model in the Irish Prison Service which meets best practice and our international obligations in this regard, a new complaints model is being introduced in the Irish Prison Service on a phased basis.

The model which is being introduced contains four separate categories of complaints and three separate complaints procedures.

Category A Complaints are most serious level of complaints (assault, serious intimidation of prisoners by staff etc) and involves two elements of independent investigation/appeal – initial investigation by external investigator/s on behalf of the Irish Prison Service with a right of appeal to the Inspector of Prisons (the latter is subject to the introduction of primary legislation).

Category B Complaints are mid range in terms of seriousness (discrimination, verbal abuse of prisoners by staff, inappropriate searches etc) and fall to be investigated by a Chief Officer with recourse to appeal to the prison Governor and a subsequent recourse of appeal to the Inspector of Prisons if a prisoner is unhappy with the outcome of his/her original appeal (the latter is subject to the introduction of primary legislation).

Category C Complaints are essentially service complaints where a prisoner is unhappy with the level of service in a particular prison (visits, phone calls, etc.) and fall to be investigated by a Prison Officer with the possibility of appeal to a Chief Officer if the prisoner is unhappy with the outcome or resolution of his/her complaint.

Category D Complaints relate to complaints against professionals such as dentists, doctors etc. Such complaints will be referred in the first instance to the prisons’ medical officer for possible resolution and, if this is not possible, to the relevant professional body responsible for regulating the professional involved.

The full complaints model will be introduced during the lifetime of the Irish Prison Service Three Year Strategic Plan (April 2012-April 2015).

The Inspector of Prisons will have oversight of all categories of complaints.

I am informed by the Director General of the Irish Prison Service that a comprehensive awareness campaign has been carried out in relation to the Category A Complaints procedure which was introduced with effect from the 1 November 2012.

The Director General of the Irish Prison Service issued a Standard Operating Procedure (SOP) to all Governors on the operation of the new process which Governors were instructed to bring to the attention of all staff. Hard copies of the SOP were also issued to each staff member. The Irish Prison Service Training and Development Centre has developed a staff awareness/training pack in relation to the Prisoner Complaints procedure for delivery by the Training Liaison Officers in all prisons. Further training for staff will be provided as the new procedures for dealing with the other complaints categories are introduced.

I have also been informed by the Director General that an information poster for prisoners on the Category A Complaints process is displayed in all prisons and information leaflets were distributed.

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