Commencement of the Prisons Act 2007
Mr Justice Dermot Kinlen to be appointed as statutory Inspector of Prisons.
The Tanaiste and Minister for Justice, Equality and Law Reform, Michael McDowell, today announced that he has signed an order bringing into operation from 1 May, 2007 a substantial number of the provisions contained in the Prisons Act 2007. The Act, which was signed into law on 31 March 2007, deals with a range of issues relating to prisons and prisoners and is another significant step forward in the modernisation of our Prison Service.
The Tanaiste also announced that he intends to appoint Mr Justice Dermot Kinlen as the statutory Inspector of Prisons. Mr Justice Kinlen has served as Inspector of Prisons on a non-statutory basis since his appointment in April 2002.
Making the announcement the Tanaiste stated "This Act is part of the ongoing reform in the Prisons area and is a significant step forward in the modernisation of our prison service.
The Act provides for the appointment of a statutory Inspector of Prisons and it is my intention to appoint Mr Justice Dermot Kinlen to this office. Mr Justice Kinlen has already served for a five year period as Inspector of Prisons and Places of Detention, which was a non statutory position, and I wish to express my gratitude to him for his tireless work and dedication in that position.
I have previously stated my determination to ensure that our prisons are modern and humane. This Act allows for the closure of Mountjoy Prison. A modern, state of the art prison at the Thornton site will replace Mountjoy which will be able to provide the necessary facilities that will give prisoners an opportunity to rebuild their lives and return to society with a new set of skills. Given that major prison developments are of national interest appropriate provision is made in this legislation to facilitate such consultation.
Furthermore, the range of matters encompassed by Prison Rules has been extended. The provision for the making of prison rules for testing of prisoners for intoxicants, including alcohol and other drugs is part of the co-ordinated strategy to eliminate the supply of drugs into prisons."
The Order made by the Tanaiste brings into effect, from 1 May 2007, the following provisions -
- Part 1 containing preliminary and general provisions.
- Part 4 which applies to prison developments of a particular area or population size designated by the Minister and approved by both Houses of the Oireachtas. Such developments must be the subject of an environmental impact assessment before a decision is made to proceed with a development. Provision is also made for public consultation on such developments.
- Part 5 which makes provision for the appointment of an Inspector of Prisons on a statutory basis. Mr Justice Dermot Kinlen will be appointed to the office after the provision enters into force and when the formal consent of the Minister for Finance, as required by the Act, has been received for his terms and conditions. The new office has specific statutory powers (e.g. to enter a prison at any time and to obtain from the Governor any records or other documents). Governors and Prison Officers will be under a statutory duty to cooperate with the Inspector of Prisons.
- The following sections of Part 6:
- Section 35 which provides for the making of rules by the Minister for the regulation and good government of prisons.
- Section 36 which prohibits, and creates an offence of, the unauthorised possession or use of mobile telecommunications devices by prisoners. It will also be an offence to supply such a device to a prisoner.
- Section 37 amends the National Minimum Wage Act 2000 so that certain non-commercial activity or work carried out by prisoners under the supervision of the governor is not subject to the national minimum wage.
- Section 39 allows a prisoner to be given leave to be absent from prison for a specified time and purpose.
- Section 40 clarifies that a prisoner is in lawful custody while absent from a prison under escort and specifies in whose custody the prisoner may be placed.
- Section 41 contains minor and consequential amendments which, inter alia, (a) clarify citations in respect of the Prisons Acts; (b) provides that recognisances may be taken by a prison governor or a designated prison officer, in addition to the arrangements which exist for them to be taken by a justice of the court or a peace commissioner, and (c) amends the definition of prison officer to include a prison custody officer.
- Section 42(b) repeals section 1(2) of the Prisons Act 1933 which removes an obstacle to the Minister closing Mountjoy Prison by order in the future.
- Section 42(c) repeals section 19 of the Criminal Justice (Miscellaneous Provisions) Act 1997 which empowers the Minister to make prison rules. This is now superseded by section 35 of the Prisons Act.
- Section 43 allows for the making of regulations to give full effect to the Act.
30 April 2007
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