You are reading an older version of PIPS.
Prisoners have access to an external independent complaints and appeal mechanism, including access to a prisoner ombudsman or equivalent.
As prisoners are detained in a closed environment, they are at increased risk of having their human rights violated. Prisoners’ confidence in the complaints system is promoted by the existence of an external independent complaints and appeals mechanism.
In 2016, the OiP made a recommendation that prisoners “must be entitled” to bring a complaint before a judicial or other authority.[429] The Inspector recommended that this be the Ombudsman.[430] This recommendation was accepted by the Department of Justice and Equality and the IPS.[431] Similarly in 2017, the UN CAT reiterated to the State:
The State party should: (a) Consider establishing a completely independent mechanism for the consideration of prisoner complaints…; (b) Provide for an independent appeal procedure outside of the prison system; (c) Introduce greater involvement and oversight by an independent body.[432]
It has been agreed that the remit of the Office of the Ombudsman will be extended to consider complaints, after the introduction of IPS’s new internal complaints procedure.[433] In its annual report for 2018, the Ombudsman stated:
I anticipate that, subject to approval by the Department of Public Expenditure and Reform, my remit will be extended to allow me to consider complaints about the prison service. In view of this, my Office has continued its engagement with the Irish Prison Service (IPS) and the Department of Justice and Equality in relation to the reform of the complaint handling system within the IPS.[434]
However, it appears unlikely that prisoners will have access to an independent complaints system before the end of 2019.
Indicator S23.1: Prisoners’ access to an independent external complaints mechanism.
Prisoners still have no access to an independent, external complaints mechanism.
Despite numerous recommendations for prisoners to have access to an external independent complaints mechanism, dating as far back as the Report of the Committee of Enquiry into the Penal System in 1985 (Whitaker Report) and including numerous recommendations made by both domestic and international human rights bodies, there remains no recourse for prisoners to make or appeal a complaint to an external body. This standard is unmet for another year.
| Action 23.1: | The Department of Public Expenditure and Reform should ensure sufficient resources are allotted to the Office of the Ombudsman to receive complaints from prisoners in 2020. |
|---|
Office of the Inspector of Prisons, ‘Other reports’ (see Review, Evaluation and Analysis of the Operation of the IPS Prisoner Complaints Procedure, 2016, p. 50), http://www.inspectorofprisons.gov.ie/en/iop/pages/other_reports.
Ibid.
Department of Justice and Equality (2019), ‘Parliamentary Questions, PQ 148, 30 January 2019’, http://www.justice.ie/en/JELR/Pages/PQ-30-01-2019-148.
CAT, Advance Unedited Version: Concluding Observations on the Second Periodic Report of Ireland, p.8 https://tbinternet.ohchr.org/Treaties/CAT/Shared%20Documents/IRL/INT_CAT_COC_IRL_28491_E.pdf.
Department of Justice and Equality (2019), ‘Parliamentary Questions, PQ 148, 30 January 2019’, http://www.justice.ie/en/JELR/Pages/PQ-30-01-2019-148.
Office of the Ombudsman (2019), Annual Report 2018 (see ‘Delivering outcomes’, p.16), https://www.ombudsman.ie/publications/annual-reports/Ombudsman-AR-2018-ENG-Final-for-Web.pdf.
Copyright 2024 Irish Penal Reform Trust. CHY number: 11091
