Prison inspector to cover all detention centres under draft laws

The Irish Human Rights and Equality Commission will also be tasked with co-ordinating the activities of all 'National Preventive Mechanisms'

Garda stations, court cells and prisoner escort vans will come under the oversight. File picture: Larry Cummins.

Garda stations, court cells and prisoner escort vans will come under the oversight of an extended Inspector of Prisons under new draft laws.

Under the General Scheme of the Inspection of Places of Detention Bill, Justice Minister Helen McEntee is creating the post of Chief Inspector of Places of Detention. The bill allows for the designation of 'National Preventive Mechanisms' (NPMs) to act as inspection bodies of all places of detention.

This will also enable other ministers to designate their own inspectors for places where people are detained outside the criminal justice sector, including the health and mental health system.

The Department of Justice 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). The protocol entered into force in 2006.

The department said: “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."

It said the bill will also strengthen and update the statutory basis in place for the Inspector of Prisons. The newly appointed inspector, Mark Kelly, will assume the expanded position. He replaces Patricia Gilheaney, who left the job early last February, citing attempts to undermine her office.

Ms McEntee said: “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 department said it is intended that the Irish Human Rights and Equality Commission will become a co-ordinating National Preventive Mechanism, tasked with co-ordinating the activities of all NPMs and liaising with the UN oversight body – the Subcommittee on Prevention of Torture (SPT).

The new position will expand the number of oversight bodies An Garda Síochána has to deal with and introduce oversight into the Courts Service in terms of court holding cells. Both Gardaí and the Irish Prison Service are involved in transporting prisoners between places of detention.