Inspector of Prisons Office to be beefed and get wider remit

The Office of the Inspector of Prisons is set to be give a wider remit with new laws on the way to bolster its powers to inspect jails and other places of detention.

The Minister for Justice, Helen McEntee has received Government approval to publish the General Scheme of the Inspection of Places of Detention Bill.

The Department of Justice says the bill will provide for the designation of National Preventive Mechanisms (NPMs) that will act as national inspection bodies of places of detention in the State.

A statement said the establishment or designation of a NPM is necessary to allow Ireland to ratify the Optional Protocol to the UN Convention against Torture (OPCAT) which it is claimed provides an oversight mechanism which assists States in preventing torture and other forms of ill-treatment in places of detention.

The Department says the approach proposed in the General Scheme is to expand the existing statutory role of the Inspector of Prisons to become a Chief Inspector of Places of Detention.

The Chief Inspector will be designated as the NPM not just for prisons but for relevant places of detention within the whole justice sector, including detention in Garda stations, court holding cells and in vehicles transporting persons between places of detention.

A statement added that the bill will also strengthen and update the statutory basis in place for the Inspector of Prisons.

Minister McEntee said she was delighted to publish the General Scheme.

"This is a major piece of work which will further strengthen Ireland’s commitment to the highest international standards in this area of human rights. This legislation will help ensure that detention conditions and wellbeing of any persons deprived of liberty are maintained in accordance with recognised international standards.

"The proposed approach of expanding the remit of the Inspector of Prisons to become an Inspector of Places of Detention will allow for the existing structure and expertise to be retained and applied to other places of detention in the justice sector which have not, to date, had the benefit of such oversight,” she said.

A statement said the establishment of statutory NPMs will have the effect of setting standards which will be subject to international inspection and monitoring and will ensure that all places of detention in the State consistently meet recognised standards. 

The Department said it is important to note that places of detention are not limited to those in the criminal justice sector. This Bill will enable other Ministers to designate national preventive mechanisms for places of detention outside the justice sector and within their own remit.

It is intended that IHREC will become a co-ordinating National Preventive Mechanism, co-ordinating the activities of NPMs and maintaining effective liaison with the UN oversight body – the Subcommittee on Prevention of Torture (SPT).

Minister McEntee spoke about the valuable input from civil society in relation to the development of these new proposals.

“In developing these legislative proposals, my Department consulted with various organisations and experts with policy or operational responsibility for inspection arrangements across the range of the potential NPM regime provided for in OPCAT.  These consultations indicated broad support for the proposed approach of an expanded role for the Office of the Inspector of Prisons as the NPM for the justice sector and for the designation of IHREC as a co-ordinating NPM for Ireland”

Ratification of OPCAT and the enactment of this legislation will allow for more rigorous standards in inspecting places of detention in this State. Both international and national inspection bodies (the NPMs) will be facilitated with unfettered access to facilities, information and engagement with those deprived of their liberty and people working in places of detention.

The ratification of OPCAT and establishment or designation of NPMs will strengthen Ireland’s commitment to upholding human rights and provides an opportunity to improve conditions and enhance safeguards against ill treatment across all places of detention.

The General Scheme can be found at – https://www.justice.ie/en/ JELR/Draft-General-Scheme-of- Inspection-of-Places-of- Detention-Bill-June-2022.pdf/ Files/Draft-General-Scheme-of- Inspection-of-Places-of- Detention-Bill-June-2022.pdf

Ireland ratified the UN Convention against Torture in 2002. The Optional Protocol to the UN Convention against Torture (OPCAT) was agreed by the UN General Assembly in 2002, introducing a combined system of national and international monitoring of places of detention with a view to preventing ill-treatment and torture in places of detention. Ireland signed the OPCAT in October 2007

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