Victor Boyhan demands timeline for Ireland's OPCAT ratification

Thank you Ceann Comhairleach, and thank you for selecting this important commencement matter, and I'd also like to join with you in welcoming Minister Butterworth to the chamber here. Minister, this commencement matter is to ask the Minister to make a statement on when Ireland intends to ratify the optional protocol to the United Nations Convention against the Torturer. Ireland signed that convention, as you know, in 2017, and is the only EU country that has yet to ratify it. I suppose this really came about, Minister, just to give you some background, as a result of some ongoing engagement with the Mental Health Bill that completed all stages in the Oireachtas last week, but we had a, shall we say, robust and protracted debate on many aspects of the Bill, which was only right and proper in these houses, and one of the reoccurring themes, of course, was human rights issues, and issues around that, and concerns about that, and concerns both raised by the Mental Health Commission themselves, but also when we, the previous week, we had statements here from the Minister for Justice in relation to the prison system generally and penal reform, and he came in with statements really, just rather than legislation, and again there was that reoccurring theme, and it comes from, much of it in relation to what I'm saying here today, comes from the request by Mark Kelly, Ireland's Chief Inspector of Prisons, that's raised serious concerns around this issue. I'd like to draw your attention and members' attention to the Bar Council review that was published last week, in which Mark Kelly sets out very clearly his concerns in relation to the prisons. Now, prisons and mental health are two different things, but you will, of course, be aware also that at Primetime, RT Primetime did a major investigation into the mental health issues associated with people who are currently incarcerated in prisons. The overcrowding is another challenge, but I don't want to get too far removed from the core of what I want to ask you here today. I suppose really that Mark, in this article, which I'm going to make available to members later, is in the library as we speak. He doesn't mince his words about his concerns. So what are the concerns generally, as I understand them to be, so the ratification is critical in creating an independent oversight of our prisons and our psychiatric units and detention facilities as recommended by the Irish Human Rights and Equality Commission, and the key implications for the delay, as have been put to me, and I am satisfied they meet this criteria because I've spoken to a number of NGOs and government bodies and departments, and the concerns seem to be summarised like this, that we're missing the oversight mechanism. Ireland has not, as I said, formally established an independent national preventative mechanism to inspect places of confinement as required by the treaty. The treaty applies to all areas where liberty in restriction, including mental health units, immigration centres and guarded stations. So there's concerns around those particular places. The Department of Justice has been developing, I understand, an inspection of places of detention bill. I don't know where all that's at at this stage. I understand elements have yet to be finalised, and I know that the Minister is absolutely committed to a wide consultation with all the people involved, but there are serious issues in relation to this. I understand that the government has cited on many occasions that there are complex issues around the consultation, human rights bodies, and they've emphasised again that it is their intention to safeguard people, particularly vulnerable individuals in detention, but I suppose my real ask here, Minister, is one, when it is the government's intention to ratify this important piece of legislation, I finish by thanking the Penal Reform Trust, which I know you would be very aware of, Mental Health Ireland and other advocates and NGOs in this sector. So really, the real question is the optional protocol of the United Nations Convention Against Torture, and when will Ireland be in a position to fully ratify that piece of important, important safeguard legislation? Thank you. Thank you, and I thank Senator Boyan for raising this very important matter, and I did raise Mark Kelly's article and paper, and you are right, it does make for interesting reading, and the Minister would extend his apologies, Senator Boyan, and thank you for raising this important matter. Ireland ratified the UN Convention Against Torture in 2002, and signed the optional protocol to the Convention of UPCAT in 2007. The UPCAT obliges signatories states to establish a system of inspections of all places where persons can be detained, to be carried out by inspection bodies, to be known as the National Preventative Mechanisms. This will mean making changes to how prisons are inspected, but it will also affect other places where persons are detained for any other reasons, such as detention in Central Mental Hospital and detention of children in Oberstown. The Department of Justice, Home Affairs and Migration is currently working with the Office of Parliamentary Council to draft the legislation needed to enable ratification of the Inspection of Places of Detention Bill. This is a commitment in the Programme for Government 2025, and the intention is to publish the Bill in the coming months. The legislation would provide for designation of a single National Preventative Mechanism NPM to visit and inspect all places of detention in the justice sector and from government ministers in other sectors to appoint appropriate NPMs for places of detention within or amid, for example, certain healthcare settings. The existing post of Inspector of Prisons will be replaced by a new post of Chief Inspector of Places of Detention to take on the role of the NPM for the justice sector to include prisons, guarded stations, courts and vehicles used by the Irish Prison Service and Gardaí. This means that the new Chief Inspector will have a mandate to monitor a person's entire journey through detention, from the point of being placed in the Gardaí vehicle, through to the time in a cell, whether it's Gardaí or court, on remand and if sentenced into a term of imprisonment. The OPCAT will be ratified after the legislation is passed by the Oireachtas. It is expected that the necessary arrangements will be in place within the following 12 months to ensure that inspections can be carried out in places of detention across the state. Thank you, Minister. Look, that's very encouraging. It's very succinct. I actually like the responses to the comments of the Department of Justice because they're clear. There's a great sense of clarity about them. I think, you know, we now have a timeline that you've confirmed to the House, which is great. It's 12 months. Ideally, if we could have it a little bit shorter, but clearly there is a lot of work to do. It has to go through both houses. So there's a lot of bits and pieces to that, and I understand that. But look, I want to thank you, Minister. I think it's good news in that there's an agreement now in place. There's a clear understanding of the pathway to see the full ratification of this important document. So thank you again, and I'd like to convey my thanks to the Minister of Justice also. Thank you. Thank you, Senator, and thank you for raising this very important matter. Just to give further clarity to the House, in preparation for its future role, as the Inspectorate of Police and Detention, the current office of the Inspector of Prisons is participating in the Council of Europe's NPM Forum and attending the NPM workshops. The OIP is also engaging with the Irish Human Rights Commission and the Equality Commission to designate a coordinating body of the multi-member NPM in the general scheme. Obviously, stakeholder engagement is ongoing and has commenced with the Garda Síochána, as well as the existing Garda accountability mechanisms, including the Police and Community Safety Authority and FISRU. Planning is taking place regarding future training needs within the Inspectorate and framework development for the future monitoring and functioning of the office, and the Inspector of Prisons has been supported with additional funding and resources to expand the current prison inspection programme and to prepare the office for the new role as NPM. Thank you.