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Dublin: 10 °C Monday 20 May, 2013

Prison rules amended to support prisoner complaints

The amendments have been described as a “major step forward” by Justice Minister Alan Shatter.

Image: Eamonn Farrell/Photocall Ireland

Updated 10.25am

PRISON RULES HAVE been amended to give affect to new procedures for investigating prisoner complaints.

Minister for Justice Alan Shatter said that the amendments, which he announced on 8 August 2012, came into operation on 14 January, and described them as “a major step forward”.

The new “robust procedures” have been introduced to investigate complaints by prisoners. Minister Shatter had asked the Inspector of Prisons to advise on a suitable prisoner complaints model, and a report was published last August.

Welcomed

The news was welcomed by the Irish Penal Reform Trust, who said that it must be matched by similar reform of existing structures such as Prisons Visiting Committees, as well as “the establishment of an oversight mechanism fully independent of both the Irish Prison Service and the Minister for Justice, such as a Prisoner Ombudsman”.

It added that the proper functioning of the complaints system will depend upon the full engagement of prison staff and management, alongside ensuring all prisoners are made aware of avenues of complaints and appeal.

“It is crucial that the complaints system operates in such a way that no prisoner perceives any potential threat to their conditions or treatment through making a complaint,” said the IPRT.

Priority

According to Minister Shatter, the first priority is to address complaints which have given rise to most concern – complaints alleging serious ill treatment, use of excessive force, racial discrimination, intimation or threats.

The Director General of the Irish Prison Service had been instructed to introduce procedures for dealing with the most serious of complaints as an immediate priority.  The Prison Service recruited a panel of 22 external investigators and the new procedures went live on 1 November, 2012.

The amendments to the prison rules provide that prisoner complaints will be examined by investigators from outside the Prison Service to ensure an effective and impartial investigation, said Minister Shatter.

The complainant will be kept informed and their reports will be automatically submitted to the Governor in question, the Director General and the Inspector of Prisons. The Inspector of Prisons will have oversight of the process from the very beginning.

The Minister is also giving consideration to giving the Inspector of Prisons a more formal role in the appeals process and enhancing his investigatory powers in dealing with non-prison personnel and obtaining access to medical records. He said that he is confident that the new amendments will make a difference.

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Comments (52 Comments)

  • If a complaint is found to be lies, is there any recourse for the officer being complained about I wonder. I doubt it too.

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    • To answer your question. No. There is no disciplinary sanctions set out in these new rules when and not if a dirtbird makes false allegations against an officer. This new system automatically assumes that the Officer in question is guilty until proven innocent. Unlike the rights that the prisoner and every other citizen of the state has of innocent until proven guilty.

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    • That is a effing disgrace ! So anything can AND WILL be said against decent law abiding working people ….. Words fail.

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    • Eileen an Officer can be suspended while they are “under investigation”. That means that there have been no formal charges laid ie: automatically assumed guilty until your innocence is proven and only then can you be returned to work. And that suspension stays on their personal file even though they have been found innocent.
      This same system was tried in the Scottish prison service. 98% of the complaints made were found to be malicious. And only when they introduced a law making it an offence with strong penalties to make malicious complaints through this system that the system actually worked.

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    • Typical hug -a-thug mentality .

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    • Eimear-the answer is no.

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    • Would this not be delt with under the deformation act. Obviously the complaint would have to be made by the affected officer.

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  • Yes as usual the system lovingly embraces the criminal faction both inside and outside of prison. The next thing will be “National hug a criminal day”, sure they’re a lovely group of people god love them and all that. What the hell is this PC country at???

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    • I agree, the lags will have a field day and will tie the system in knots with spurious reports of abuse, rights being violated, discrimination etc. and the do-gooders will sit back and congratulate themselves for a job well done. Only in Ireland….. The laughing stock of Europe !

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  • Eh, they’re in prison for a reason… this country has gone pure soft!

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  • Do you have to pay a property tax for your cell in Mountjoy?

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  • I have to ask What purpose will this have ? Prisoners have the right to complain already through their governor , It is as jim melia says , another step to undermine the prison authorities and the staff . God knows they have little enough protection in there as it is ,thanks to the softly softly approach adopted over the years.

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  • I agree that prison should be only used as a last resort for non payment of fines and a community based punishment be used in lieu of prison especially in the current financial climate where people are on their knees financially trying to do the best for their families
    Community based punishment can be as good a deterrent as prison which would free up essential places for those who really deserve to be there.
    Even though this complaints system is in its infancy it is already being used by cons against staff threatening them with investigation if the officer even looks at them crookedly to take the eye off their misdeeds while they are locked up.
    The procedure should have included for malicious complaints to be dealt with by means of a minimum mandatory sentence to be served consecutively to protect the reputation of the many many decent prison officers who enter our prisons daily to keep those behind the walks that deserve to be there not knowing if they are going to be seriously assaulted that day and arrive safely home to their loved ones
    Prison staff already do a very difficult job with very very little thanks from successive governments ( the thanks we get are pay cuts to pay for the misdeeds of others ) with out adding another weapon to the prisoners arsenal to whip them with
    At some stage common sense has to prevail and a proper system introduced that is fair and just to all

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  • I was the most popular girl in prison!

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  • Thy give up all rights when thy commit crime . End of

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  • Under the Prison Rules, the making of ‘vexatious complaints’ by prisoners are subject to disciplinary sanctions (‘P19′).

    Anyone who thinks that the changes to the complaints system are not necessary should first read the Inspector of Prisons’ report on complaints in St Patrick’s – pages 40-42:
    http://www.justice.ie/en/JELR/Appendix%20A%2005.10.pdf/Files/Appendix%20A%2005.10.pdf

    Reply
    • ‘Subject to disciplinary sanctions’, within the prison system.
      No external or impartial investigation against these vexatious complaints’, and no risk of a further charge, conviction or jail sentence.
      You are acknowledging that prison officers are left to trust in a procedure that the inspector of prisons (and you too semingly) believes is; ‘flawed, incomplete, and not in accordance with best practice’.

      Reply
    • The P19 system cannot add extra time to a prisoners sentence. And as such is virtually impotent. Loss of privileges means very little to todays convict. Eg: Loss of evening recreation. With TV’s in every cell not exactly a great hardship. Loss phone calls. Ahh no. Even inmates in the Block are allowed to make 1 phone call per week same applies to visits.
      The P19 system has been eroded so badly that there is no longer any deterrent punishment.
      What now needs to be done is what happens in some of the US states. A District Judge hears the disciplinary reports and can add extra time (up to 2 years) to a prisoners sentence. Said time to run consecutively.
      And as for the inspector of prisons report I would refer you to the Visiting Committees report that found the total opposite to the Judge and have been visiting the prisons a hell of a lot longer than him.

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    • Are you a screw?

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    • Are you a Dirtbird? And yes I am an Officer.

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    • @Mick Jordan, IIRC is it not he Penal Reform Trust that is eroding the p19 procedures?

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    • The new legislation deals with the most serious (‘Category A’) complaints, which include assaults. It is right that these will now be subject to new procuedres, including external investigation. IPRT has long campaigned for an independent/external complaints mechanism, as it protects both prison staff and prisoners alike.

      In the new legislation, published yest, 57B (5) deals with the issue of “vexatious” complaints: “The Director General may decide not to appoint an investigation team if he or she is satisfied that the complaint is vexatious, without foundation or falls outside the scope of this Rule. If such a decision is made the Director General shall document the reasons for the decision and arrange for the complainant, the Governor and the Inspector of Prisons to be advised of the decision and the reasons for the decision.”

      It is right that the person/people against whom a complaint is made (whether prison staff or prisoner) are not the ones to decide whether or not the complaint is vexatious!

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    • The complaint cannot be deemed vexatious until an investigation is carried out.

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    • A complaint can only be found to be vexatious without investigation if there is irrefutable proof that Officer/Officers named in said complaint were in no way involved with the complainent.
      And such most complaints will be refered to the investigation unit.

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    • How can a complaint be deemed ‘vexatious’ or not unless there is an investigation ,by which time the Prison officer’s reputation and ability to carry out his/her job to the high standard he /she engages has been irreparably eroded . Hows that I hear you ask …. Prisoners talk to each other and they talk to each other about officers in much the same way , altho more maliciously, as school children discuss their teachers. So how is the (wronged) officer to be protected against malicious intent ? AND carry on doing their job ?

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    • You tell ‘me mark.

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    • You tell ‘em mark, poxy auto correct.

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    • Irish penal reform-I suggest you broadcast the facts about the attacks on staff and the physical and mental damage inflicted on our decent brave prison officers by the violent evil thugs placed in their care.

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    • Well said mark.

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    • Would this not be felt with under the deformation act. Obviously the complaint would have to be made by the affected officer.

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  • Cue a load of predicable comments about prison not being a holiday camp. We jail people for all kinds of trivial stuff in this country.

    So before jumping into another moronic comment about how prison should be something out of midnight express, remember it could be YOU getting surprise sex from Bubba for not paying the TV licence.

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    • Agreed. Not all laws are justified. I’m pretty sure the people who put this country in the toilet are allowed to complain to whomever they want from the comfort of their own home, but someone who doesn’t pay their tv license, sells some weed, protests where the government don’t like it is supposed to be rightly buggered until they can’t stand up straight.

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  • People have more important things to worry about than Anto getting manners put on him in the back of his cell.

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    • Apparently not.
      It seems there is no end of departments, committees, trusts, organisations, authorities and even conventions, to provide oversight for the treatment of prisoners.
      Why don’t any of these people ever volunteer their time to provide oversight for the treatment of these criminals victims?

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    • Because the ” Irish Penal Reform ” are actually a secret society of ex lags, their whole operation stinks of dirty track suits and Amber Leaf dust!

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  • That’ nice now can the people who are not in jail but may be there because they will not be able to pay their way ‘ will they be listened to as well please

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  • I don’t think this is a negative step for the prison services. And I don’t think that it undermines prison authorities either. If a complaint is made by a prisoner about a prison guard or another prisoner etc, it is usually dealt with internally before going any
    further. The Inspector of Prison services is another layer added to complaints process. You could say, another layer of red tape but it’s an impartial review of what’s already been investigated by prison authorities.

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    • Go back to your ivory tower, these people have no right to complain. They are there for a reason.

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    • Firstly , The title is PRISON OFFICER .
      Secondly , there are already procedures in place for any prisoner who have
      any reason to complain about any staff member ,to make that complaint.
      They do not need another layer of impartiality . They are prone to dishonesty and
      are also well known for their mischief making.

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    • How about you read the title again.

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    • Joe – and that reason can be very damn trivial. I assume you’d be in favour of people not being repeatedly beaten to within an inch of their lives while done a one month stretch for parking fines?

      Stupid, stupid comments on here. It’s like I’m reading The Sun today.

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    • What’s stupid is you giving an example of people doing a month for parking fines. Without exception, people who arrive in jail for not paying fines are processed ‘at the gate’ and released and never make it into the man prison. It is rubbish to suggest prisons are jam packed with people who couldn’t afford their tv licence or whatever.

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    • No it isn’t. There’s all kinds of rubbish that carries custodial sentences you regularly hear of being enforced, including non payment of fines. Contrary to what you might believe we jail a high percentage of our male population by EU standards. For reasons best known to themselves the Irish judiciary are very reluctant to jail women.

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    • lost lenore
      you have no idea of what you are talking about .If you have actual knowledge of someone ”being repeatedly beaten to within an inch of their lives” then I suggest that you report such violence to the authorities. But I suspect you are telling lies or making stuff up to suit your own agenda.

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    • Agreed in one respect- non payment of fines generally does result going to jail, but also leaving jail as quickly. They don’t keep them in, they are literally processed and given release straight away- a matter of hours. You can be quite sure the vast majority of the actual prison population deserve to be there.

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    • @Ruth Barry, it undermines every officer in the system because the onus is now on an individual to prove his innocence when a complaint is made, as opposed to the system proving his guilt. If the accusation is proved to be malicious the sanctions for the prisoner are minimal, such as loss of evening recreation or access to the tuck shop. On the other if a malicious accusation is wrongly found to be true hand the officer could end up suspended, sacked, or even face criminal charges.

      Until there are appropriate sanctions in place to punish malicious accusers, ie time added on to their sentences, and the record of any suspension accruing for the officer from such a complaint is expunged from their record, I can’t see any officers cooperating with the new investigators.

      @Lost Lenore, you seem to have the impression that every prisoner gets beaten to within an inch of their life the minute they walk in the gate. You are casting serious aspersions on the conduct and character of every officer in the Irish Prison Service.The beatings you seem to think are endemic in the system simply do not and could not happen.

      You seem to forget that most prisoners are career criminals with life long histories of criminality. The people in for fines, TV licences, etc, do no longer than a night in prison, if that. More often than not they get turned around within hours of coming in the gate. Seriously, get off the boards and find a thug to hug. While you’re at it see if you can find someone to help you get your facts straight.

      Reply
  • Nobody in the Irish state as ever been jailed for non-payments of T.V. license/ fines. They are usually jailed for being in contempt of court.

    Reply

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