The Tánaiste and Minister for Justice and Equality, Frances Fitzgerald has accepted recommendations of the Inspector of Prisons, Judge Michael Reilly, that the Ombudsman and Information Commissioner should have a role in the prison complaints process.
Currently prisoners can appeal their complaints to the Irish Prison Service, but there is no external oversight of the review. By granting the Ombudsman powers of review for complaints, it will satisfy Rule 57(1) of the United Nations Revised Standard Minimum Rules for the treatment of prisoners (“Nelson Mandela rules”), which requires prisoners to have access to an external complaints procedure in the event of undue delay, and Rule 70(3) of the European Prison Rules which requires a right of appeal to an independent authority. Thus prisoners will now be granted an independent impartial access to appeal, in line with international standards.
The 2016 Report of the Inspector of Prisons, ‘Review, Evaluation and Analysis of the Operation of the present Irish Prison Service Complaints Procedure’, lists a series of further recommendations to the existing complaints procedure. The report proposes a categorisation of complaints with defined time limits. ‘Category A’ would involve serious complaints which require an extensive investigative procedure to be in place, and ‘Category B’ which would cover minor complaints, which should be dealt with at the lowest level possible internally.
Crucially, the report advocates for the need for prisoners to bring complaints to a judicial or other authority, and as stated recommends the Ombudsman for this role. It suggests that this avenue should only be available if the internal complaints procedure has been exhausted, or should be used directly in instances of undue delay. It is further suggested that the Inspector of Prisons should review the operation in place periodically.
Click here for the report.