Prison report edited due to defamatory contents: Justice Dept
A department spokeswoman rejected claims by the inspector, retired High Court judge Dermot Kinlen, that it wanted to cover up conditions in prisons.
The spokeswoman said: “Nothing could be further from the truth.”
She also dismissed claims by Justice Kinlen that restrictions had been put on times he can visit prisons.
Justice Kinlen said he could only make spot checks on prisons at hours which were “reasonable”.
He criticised the department for editing parts of his report which he prepared for Justice Minister Michael McDowell.
The spokeswoman said: “Certain parts of the second annual report of the Inspector of Prisons and Places of Detention had to be deleted on foot of legal advice that they were defamatory.
“The Attorney General appointed an independent senior counsel to advise in this matter. The deletions, as recommended by the senior counsel and the Attorney General, were then made to the report.
“The amended report was published in the Houses of the Oireachtas and on the department’s website on April 20, 2005. The inspector was advised, in writing, of the legally necessary deletions to his report before its publication.”
The spokeswoman said there was no restriction on when the inspector could carry out spot checks.
“The Inspector of Prisons is free to inspect any prison whenever he sees fit. The inspector was consulted on this issue and the new prison rules reflect the freedom to visit prisons at any hour.”
The department, she said, rejected any suggestion it did not want the inspector to find out what happens in prisons.
“The inspector receives full cooperation from the department.
“It is also clearly evident from the inspector’s own reports that he does not have any difficultly in obtaining full cooperation from the management and staff of the prisons and places of detention,” she said.
A comprehensive Act covering all matters relating to prisons, including the statutory establishment of the Office of the Inspector of Prisons and Places of Detention, is included in the department’s legislative work programme.
But the spokeswoman added: “It will be some time before such a comprehensive piece of legislation will be completed and there are, unfortunately, other issues of higher national priority.”
