Malcolm Byrne (Wicklow-Wexford, Fianna Fail)
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429. To ask the Tánaiste and Minister for Justice and Equality the measures in place to ensure prisons are subject to regular, independent inspection. [67034/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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As the Deputy may be 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. As part of this work the Office of the Inspector of Prisons carries out inspections comprising General Inspections and Thematic Inspections (i.e. inspections of a specific operational area across the whole prison estate). In addition, all deaths in custody and deaths that occur within one month of temporary release, are subject to an independent investigation by the Inspector of Prisons.

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 currently being drafted by the Department with the Office of Parliamentary Counsel.

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 healthcare 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.

Children’s detention falls under the responsibility of the Department of Children, Disability and Equality, however I am advised that inspections are carried out by the Health Information and Quality Authority (HIQA).