The Joint Committee on Justice publishes its Report on Pre-Legislative Scrutiny of the General Scheme of the Irish Prison Service Bill 2023

The purpose of the Bill is to create a full statutory basis for the functions and responsibilities of the IPS and to ensure a best-practice framework for its governance and accountability. It would place the role of Director General on a statutory basis, who would be responsible to the Minister for Justice. The Minister would continue to be politically accountable for the performance of the prison system.

The General Scheme also proposes to create a non-executive Board, which would provide oversight and support to the Director General, to ensure strong internal governance and to assist in the implementation of policies and the development and implementation of corporate strategy relating to the IPS.

Speaking on the Report, Committee Cathaoirleach Deputy James Lawless TD said “the Committee notes the intention of this legislation to place the Irish Prison Service (IPS) on a statutory footing, which has been a long-standing intention since the IPS was established in 1998. The provision of oversight and support from an independent non-executive board, which will ensure high standards of governance and accountability, is also welcomed.”

The Cathaoirleach added “Having previously examined the topic of the rehabilitative opportunities available to prisoners, the Committee welcomes, in particular, that the General Scheme lists the provision of supports to prisoners to help with their rehabilitation, as a specific function of the IPS, among them provision of education and development opportunities and the provision of activities to promote the health and well-being of prisoners.”

COMMITTEE RECOMMENDATIONS

Among the recommendations made by the Committee are:

• The Committee recommends that Head 34 be amended, to guarantee the independence of the Director General of the Irish Prison Service (IPS), by removing the limits placed on them from expressing opinions on Government policy. This Head should also align with similar provisions applied to other statutory public bodies.
• The Committee recommends that the legislation should state explicitly that appointments to membership of the Board of the IPS will be made through a public competition, managed by the Public Appointments Service (PAS).
• The Committee recommends the inclusion of Board members of IPS that have human rights expertise.
• The Committee recommends that, in recognition of the expertise afforded to those with lived experience, consideration be given to enable past prisoners or those with previous convictions to become members of the Board.
• The Committee recommends that an Advisory Committee be established, with regard to the views of those with lived experience, to ensure transparency and accountability in decisions relating to governance and finance.
• The Committee recommends that the General Scheme should examine and clarify the implications of placing the code of conduct for prison staff on a statutory footing and that prison staff should be informed of any changes to their role arising from the placement of this code on a statutory basis.
• The Committee recommends that the potential to allow prisoners to provide their feedback on the development of a code of conduct for prison staff should be examined.
• The Committee recommends that the General Scheme should provide more clarity on the role of prison staff in the context of their status as civil servants.

Read the full report  

The Committee Cathaoirleach James Lawless is available for comment on james.lawless@oireachtas.ie or 086 834 8869

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