Written answers
Tuesday, 30 June 2020
Department of Justice and Equality
Prisoner Complaints Procedures
Catherine Murphy (Kildare North, Social Democrats)
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314. To ask the Tánaiste and Minister for Justice and Equality the status of the introduction and implementation of the new Prison Service complaints policy; if she will provide same; and if she will make a statement on the matter. [13323/20]
Catherine Murphy (Kildare North, Social Democrats)
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316. To ask the Tánaiste and Minister for Justice and Equality the number of category A serious complaints made by prisoners in 2019 and to date in 2020; the details of the outcomes upheld, not upheld, not proven, terminated, incomplete or withdrawn; the length of time it took to complete and communicate the outcomes of complaints to prisoners; and if she will make a statement on the matter. [13325/20]
Catherine Murphy (Kildare North, Social Democrats)
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317. To ask the Tánaiste and Minister for Justice and Equality the number of complaints made by prisoners in 2019 and to date in 2020; the details of the outcomes upheld, not upheld, not proven, terminated, incomplete or withdrawn; and the length of time it took to complete and communicate the outcomes of complaints to prisoners. [13326/20]
Catherine Murphy (Kildare North, Social Democrats)
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318. To ask the Tánaiste and Minister for Justice and Equality the number of complaints made by prisoner officers against prisoners and persons on remand in 2019 and to date in 2020; the details of the outcomes upheld, not upheld, not proven, terminated, incomplete or withdrawn; and the length of time it took to complete and communicate the outcomes of complaints to prisoner officers. [13327/20]
Helen McEntee (Meath East, Fine Gael)
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I propose to take Questions Nos. 314 and 316 to 318, inclusive, together.
A prisoner complaints system was introduced by the Irish Prison Service in November 2012, based on a model recommended by the then-Inspector of Prisons, the late Judge Michael Reilly. The current Irish Prison Service Complaints Policy is available on the website www.irishprisons.ie.
As set out in more detail in that policy, all prisoners have the right to make a complaint at any time and all complaints are treated with the utmost seriousness. Complaints vary in nature and seriousness - for example, some may relate to conditions of accommodation, quality of food or access to services while other complaints can be more serious such as allegations of assault, mistreatment or intimidation. The current system categorises complaints according to their nature and seriousness, ranging from the most serious 'Category A' complaint through to a 'Category F' complaint. Further information on this system, including these categories, is available on the website of the Irish Prison Service at the following link: www.irishprisons.ie/prisoner-services/prisoner-complaints/.
The most serious "Category A" complaints are those alleging assault or use of excessive force against a prisoner, or ill treatment, racial abuse, discrimination, intimidation, threats or any other conduct against a prisoner of a nature and gravity likely to bring discredit on the Irish Prison Service. I understand that Category A complaints are investigated by persons outside the Prison Service.
The information requested by the Deputy in relation to the number of Category A complaints received in 2019 and to date in 2020 that were upheld, not upheld, not proven, terminated, incomplete or withdrawn is set out in the following table, furnished to me by the Irish Prison Service.
2019 | 2020 (as at 25 June) | |
---|---|---|
Outcome | Category A Complaints by Outcome | Category A Complaints by Outcome |
Upheld | 3 | 0 |
Not Upheld | 18 | 2 |
Not Proved | 0 | 0 |
Terminated 57B (5) (c) | 0 | 0 |
Incomplete | 26 | 21 |
Withdrawn | 7 | 1 |
Part upheld | 3 | 0 |
Discontinued | 2 | 0 |
Re Categorised | 1 | 0 |
Total complaints made | 60 | 24 |
Category A Complaints Investigations completed | 2019 | 2020 (as at 25 June) |
---|---|---|
3 months or less to complete | 0 | 2 |
3 – 6 months to complete | 33 | 1 |
6 – 12 months to complete | 1 | 0 |
Outstanding investigations | 26 | 21 |
Total | 60 | 24 |
In relation to Question 318, I understand from the Deputy's clarification that the information sought relates to complaints by prisoner and not prison officers.
In relation to the total number of complaints made in 2019 and to-date in 2020 across all complaint categories, I am informed that unfortunately it has not been possible for the Irish Prison Service to collate this information in the timeframe available. I have requested the Irish Prison Service to compile this information and I will write directly to the Deputy with this information as soon as it is available.
Finally, I note that the former Inspector of Prisons carried out a review of the complaint system in June 2016 and made a number of recommendations. His report “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.
I have been advised that the introduction and implementation of a new Prison Service Complaints Policy is a priority for the Irish Prison Service. I understand that work is well advanced on measures to implement the new Policy, which includes a fully integrated IT complaints system to streamline the management of all complaints along with a new appeal process.
More specifically, I am informed that a new Complaints Unit has been established in the Irish Prison Service and that training is currently being rolled out to prison staff. Amendments required to the Prison Rules, 2007 are also currently being finalised. I understand that the Irish Prison Service expects to introduce the new prisoner complaints system before the end of 2020.
Catherine Murphy (Kildare North, Social Democrats)
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315. To ask the Tánaiste and Minister for Justice and Equality the timeline for extending the remit of the Office of the Ombudsman to include prisoner complaints; and if she will make a statement on the matter. [13324/20]
Helen McEntee (Meath East, Fine Gael)
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A prisoner complaints system was introduced by the Irish Prison Service in November 2012, based on a model recommended by the then-Inspector of Prisons, the late Judge Michael Reilly who was independent of Government in the exercise of his functions. This system categorises complaints according to their nature and seriousness, ranging from the most serious 'Category A' complaint through to a 'Category F' complaint. Further information on this system is available on the website of the Irish Prison Service at the following link: www.irishprisons.ie/prisoner-services/prisoner-complaints/.
The Inspector carried out a review of this system in June 2016 and made a number of recommendations. His report “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.
As the Deputy will be aware, among the key recommendations in that report was that complaints by prisoners 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, including officials from the Irish Prison Service, have been progressing the matter, with the aim of establishing a more effective complaints system for prisoners.
I understand that, in discussions on these matters with the Ombudsman, it has been agreed that his engagement with the process will begin after the new complaints procedure has been introduced and bedded down as an internal process in the Irish Prison Service in the first instance.
These changes to the Irish Prison Service process requires administrative supports such as additional personnel, changes to the Prison Rules, drafting of new policy documents and a new ICT system. I am informed that work is well advanced on all of these measures and the Irish Prison Service expect to introduce the new prisoner complaints system before the end of 2020.
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