Gary Gannon (Dublin Central, Social Democrats)
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292. To ask the Tánaiste and Minister for Justice and Equality when Ireland will finally ratify and implement the Optional Protocol to the UN Convention Against Torture, given Ireland’s long-standing commitment and repeated calls from civil society and international monitoring bodies; if he will provide a clear timeline for establishing the national preventive mechanism; and to outline the barriers that remain to enabling independent, unannounced inspections across all places of detention, including Garda stations, direct provision centres, and Oberstown. [36739/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I can confirm that Ireland ratified the UN Convention against Torture in 2002 and signed the Optional Protocol to the convention (OPCAT) in 2007. The ratification of OPCAT will take place when the necessary legislation and structures are in place to give full effect to it. As new legislation is required, it must be enacted by the Oireachtas before ratification can take place.

The Programme for Government 2025 commits to enacting the Inspection of Places of Detention Bill to enable ratification of the UN Optional Protocol to UN Convention on Torture (OPCAT). The General Scheme of the Places of Detention Bill was approved by Government in June 2022 and it is on the Government priority list for drafting.

My Department is currently working with the Office of Parliamentary Counsel towards publication of the Bill later this year.

The legislation will provide for the designation of a single National Preventive Mechanism (NPM) to visit and inspect all places of detention in the Justice Sector and for Government Ministers in other sectors to appoint appropriate NPMs for places of detention within their remit, for example certain health care settings.

The existing post of Inspector of Prisons will be replaced by a new post of Chief Inspector of Places of Detention and a person will be appointed to the role of NPM for the Justice sector to include prisons, Garda stations, the courts and vehicles used by the Irish Prison Service and Gardaí. The Inspector of Prisons has been supported with additional funding and resources to expand the current prison inspection programme and to prepare the office for the new role as NPM.

In the meantime, the existing mechanisms for inspections will remain in place. Prisons are subject to both scheduled and unannounced inspections by the Inspector of Prisons.

The new Policing and Community Safety Authority took over the responsibilities of the Garda inspectorate and the Policing Authority in April this year. Among other oversight responsibilities, the Authority will be responsible for inspections of Garda Stations.

Children’s Detention falls under the responsibility of the Department of Children, Disability and Equality, however inspections are carried out by the Health Information and Quality Authority (HIQA). State accommodation for immigration purposes in IPAS facilities is not a place of detention, but is inspected by HIQA.