Maureen O'Sullivan (Dublin Central, Independent)
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127. To ask the Tánaiste and Minister for Justice and Equality his plans to improve prison accountability by introducing a prisoner complaint mechanism and the ratification of OPCAT as a gesture; and if he will make a statement on the matter. [44238/17]

Charles Flanagan (Laois, Fine Gael)
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A prisoner complaints system is already in place. It was introduced in November 2012 based on a model recommended by the late Inspector of Prisons, Judge Michael Reilly. The system is categorised according to the nature and seriousness of the complaint. This can range from the most serious 'Category A' complaint through to a Category D complaint. A complaint in the 'A' category, such as assault,  is examined by investigators from outside the Prison Service to ensure an effective and impartial investigation. A complaint in the 'D' category would relate to maladministration by professionals providing services to prisoners such as doctors, dentists etc.

The late Judge Reilly, who was independent of Government in his post of Inspector, carried out a review of this system in June 2016  and made a number of recommendations. This report entitled “Review, Evaluation and Analysis of the Operation of the present Irish Prison Service Complaints Procedure” is available on my Department's website - www.justice.ie. 

One of the key recommendations in the Inspector's report is that prisoners’ complaints should be subject to review by the Ombudsman, who would also be able to deal with complaints directly in the case of undue delay. This recommendation was accepted and my officials and officials from the Irish Prison Service are in advanced discussions with the Ombudsman's office with the aim of establishing an effective complaints system for prisoners. Further measures recommended in the Inspector's report need to be in place - such as development of the necessary IT infrastructure - before the Irish Prison Service will be in a position to implement the revised procedures. Some amendment to secondary legislation may be required as well but it is not envisaged that primary legislation will be required.

The revision of the prisoner complaints system is not directly linked to the ratification of the UN's Optional Protocol to the Convention Against Torture (OPCAT). Preparatory work on this ratification has been on-going for some time.  At the end of 2015, the Department of Justice and Equality initiated a consultation process with civil society on the ratification of the Protocol in Ireland. Following an open policy debate including with NGOs, the academic community as well as statutory agencies, the Department circulated a revised consultation paper.  This process was concluded in May 2017 and the contributions made will inform the development of a General Scheme for the Inspection of Places of Detention Bill, which will include provisions to ratify OPCAT.

Among the suggestions made by respondents was that a full scoping exercise be carried out on how OPCAT would operate across the various places of detention in the State.  This involves consultations with a number of Government Departments which are already underway.  The Department is also continuing its engagement with those who contributed submissions on the matter, building on the scoping work already initiated and in particular, the research carried out by the Irish Human Rights and Equality Commission.  All this work is informing the drafting of the General Scheme of the Inspection of Places of Detention Bill. When the draft legislation is sufficient advanced, I will seek Government approval of the Heads of a Bill.  Subject to this approval, the Bill will then be submitted to the Oireachtas for pre-legislative scrutiny and the other necessary steps before the Bill becomes law.