The Governor shall meet with the prisoner where he so requests. The prisoner may make a complaint or at the request of the Governor, bring matters to his attention relating to the prisoner, in respect of which a decision is warranted.
Upon making a decision, the prisoner is to be notified as soon as practicable. Particulars of the request and the decision are to be recorded.
The prisoner may request to meet the visiting committee or a member. The prisoner may request the Governor to meet an officer of the Minister.
A meeting between a prisoner and an officer of the Minister attending shall take place within view but out of the hearing of a prison officer, except where the prisoner or officer, otherwise requests. If the prisoner makes a complaint or brings any matter to his attention which is warranted or appeals against any decision of the Governor, the officer may make recommendations to the Governor or recommend to the prisoner that he or she makes a complaint to the Governor. The officer may first take the views of the Governor in relation to the request, complaint or other matter.
Where the Governor fails or refuses to give effect to a recommendation of the officer, the Director General of the Prison Service may give a direction to the Governor in accordance with the decision. Particulars are to be recorded.
Allegations by a prisoner to a prison officer or a member of the Prison Service, that a criminal offence has been committed are to be notified to the Governor and to the Garda Síochána. The Governor is to maintain a record. On being notified of the complaint, the Governor is to arrange for any evidence to be preserved as long as necessary for inquiry and investigation by An Garda Síochána.
Where any complaint is made regarding alleged assault or use of excessive force against the prisoner, ill-treatment, racial abuse, intimidation, threats or other conduct of a nature or gravity likely to bring discredit on the Irish Prison Service, the following provisions apply. This does not limit the possibility of a criminal investigation in relation to the matter.
It is the duty of any prison officer or any other member of staff to whom a complaint is made to notify the Governor. The Governor is to keep a record of the complaint. Assistance is to be given, if necessary, in recording the complaint and the Governor must take steps to ensure that there is no victimisation or repercussions in consequence.
If the complaint concerns the Governor, the matter is to be referred to the Director General of the Irish Prison Service. On being notified of the complaint, the Governor is to arrange for materials to be preserved, the prisoner to be examined and injuries to be recorded. The name of persons as potential witnesses is to be recorded and advised that the complaint is being investigated.
The Governor is to refer the complaint to the Director General together with the relevant evidence. The Director General is to appoint an investigation team to investigate the complaint. Persons investigating are not to be persons to whom the complaint relates or who had a previous association with that prison, having worked there or otherwise. They may be from outside the Prison Service.
If the Director General does not appoint an investigation team or is satisfied that the complaint is vexatious or frivolous, without foundation, he will document the reasons and advise the Governor and Inspector of the decisions and reasons.
The investigation is to consider whether there are grounds for complaint and make recommendations for future management of such complaints. It is the duty of prisoner officers and other members of staff to co-operate in full with the investigation team. They may gather evidence and interview persons and take statements.
On completion of the investigation, they are to submit a report to the Governor unless the Governor is the subject of the complaint. The Inspector of Prisons is to be given a copy of the investigation report.
The Governor shall make findings on the basis of the report, whether there are reasonable grounds for sustaining the complaint or whether it is not possible to make a determination above. The finding and decision of the Governor (or Director General where the Governor is the subject of the complaint) are to be documented.
The complainant is and any person against whom the complaint is made to be advised, that the report has been received. They are to be given a general outline of the report and advice on the findings or decision. A copy of the report is to be sent to the Governor, to the Director General and the Inspector of Prisons.
The reports are not to be made public or made known to the complainant or the person against whom the complaint is made, if it contains adverse findings about an identifiable person and release might prejudice criminal proceedings or under the disciplinary code. Statements made by an officer, prisoner or the Governor to the investigation team may not be used in disciplinary proceedings against an officer, the Governor or the prisoner in proceedings for breach of prison discipline without his consent.
A complainant shall be advised that if he is not satisfied with the outcome of the investigation, he may write to the Inspector of Prisons and Director General of the Irish Prison Service stating his reasons. The Inspector of Prisons is to have oversight of all investigations carried out under the above procedures.