Written answers
Tuesday, 2 July 2024
Department of Justice and Equality
Prison Service
Thomas Pringle (Donegal, Independent)
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318. To ask the Tánaiste and Minister for Justice and Equality what role she would have in the dismissal of a serving civil servant/prison officer from their post; what role the Chief Medical Officer would play in a dismissal; whether the dismissal would be by the Minister or by the Prison Service itself; if the criteria used would have changed over time; what system would have prevailed in the period 1986-1996, inclusive; and if she will make a statement on the matter. [28246/24]
Helen McEntee (Meath East, Fine Gael)
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Officials in the Irish Prison Service are civil servants and fall under the same regulations as general civil servants regarding dismissals.
The dismissal of an employee from the Irish Prison Service is decided by the Appropriate Authority as outlined in the Civil Service Regulation (Amendment) Act 2005; which amended the Civil Service Regulation Act 1956.
The identity of the Appropriate Authority is dependent on the grade of the employee at the time the dismissal is being considered. This is set out in Section 6 of the Civil Service Regulation (Amendment) Act 2005; which amended section 2 of the Civil Service Regulation Act 1956.
These acts are to be read in conjunction with the relevant legislation and circulars appropriate to each individual case, at the time of consideration.
There are a number of reasons the dismissal of an employee may be considered, including unsatisfactory attendance, a breach of discipline, medical and probation related. Each case is considered individually on its own facts/merits. Where appropriate, medical advices are sought from the Chief Medical Officer’s office and form part of the overall submission to the Appropriate Authority.
Catherine Murphy (Kildare North, Social Democrats)
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319. To ask the Tánaiste and Minister for Justice and Equality the date on which two outstanding inspector of prisons' reports on the Dóchas Centre will be published (details supplied). [28277/24]
Helen McEntee (Meath East, Fine Gael)
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As the Deputy is aware, the Office of the Inspector of Prisons (OIP) was established under the Prisons Act 2007 and is independent in how it carries out its functions. The Inspector's role is to carry out regular inspections of prisons.
The Inspector's three day monitoring report of the Dóchas Centre, conducted in April and May 2020, was received in my office in August 2020, and it was deemed possible following legal advice to publish this report in January of this year.
I requested the Inspector to carry out an investigation into matters arising in the Dóchas Centre, under section 31(2) of the Prisons Act, and this investigation report was submitted in February 2022. In addition, a supplementary report which I requested in relation to matters arising from the section 31(2) investigation was received in July 2022. Having regard to ongoing legal consideration it is not possible to publish these reports at this time or comment further on their content.
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