Gallagher Martin: Questions for Oral Answer — Questions to Ministers 
Gallagher Martin: Questions for Oral Answer — Questions to Ministers 
[Volume:625;Page:20308] 
3.  
MARTIN GALLAGHER (Labour—Hamilton West) 
 to the  
Minister of Justice 
: What are the findings of the review he commissioned from the Ministry of Justice into prisoner complaints processes? 
Hon PHIL GOFF (Minister of Justice) 
: 
 The report found that the policies and procedures of the internal complaints system were sound but underutilised. It found that the prison inspectorate does “a very credible and worthwhile job” and together with the Office of the Ombudsmen “can be relied on to identify most breaches of the minimum legal conditions”. However the review also found that the Department of Corrections was unacceptably slow to respond to matters raised by the Ombudsmen’s office and steps have now been taken to address this and will continue to be taken. 
Martin Gallagher 
: What steps have been or will be taken to address deficiencies? 
Hon PHIL GOFF 
: The new Corrections Act and regulations come into effect on 1 June. They give a statutory basis to the complaints process and make process improvements that will increase reliability and transparency. The Department of Corrections has a new chief executive and I know he is committed to making a change in the culture within the department and ensuring its greater responsiveness to the Ombudsman. A new protocol between the two will set out performance standards. However I have to say that should these moves not result in the improvements expected an independent prisoner complaints body is likely to be put in place. 
Dr Richard Worth 
: Why if the Government is allegedly so committed to resolving prisoner grievances does it not establish now an independent prison inspectorate perhaps similar to that in England and Wales and also adopt as a basis of inspections in respect of prisons the World Health Organization model? 
Hon PHIL GOFF 
: The reason it does not do that now is that a select committee of this House has taken a long time to consider that option and has actually proposed that we maintain the status quo but with improvements. I want to see whether those improvements work as I am sure my colleague the Minister of Corrections does. We also have a review being done by the Office of the Ombudsmen that I will receive in December and that will have things to say about this. Finally in relation to the member’s question the review that has been done indicates that there are downsides as well as positives in having an independent prisons complaints service. I recommend that the member read that review. 
Marc Alexander 
: How will the Minister ensure that prisoners exhaust all internal avenues of complaint before taking legal action since this was not done by the inmates who won compensation in the High Court last year; and has he consulted with the Ombudsman on the best way to improve the complaints process since the number of complaints it receives from prisoners tripled between 1994 and 2004? 
Hon PHIL GOFF 
: I have indeed spoken to the Office of the Ombudsmen and the review report that I have released this afternoon which I also commend to the member makes some suggestions about how improvements can be made including the protocols. In relation to the first part of the question yes under the legislation that has been reported back to the House today any inmate who wants to raise any claim for compensation would have to demonstrate that he or she had been through all the relevant internal complaints systems. But we have a duty on that basis to ensure that those systems are effective and responsive. 
Ron Mark 
: Does anything in the report indicate that had the prison inspectorate done a more thorough job of investigating the complaints laid with respect to the emergency response unit in Canterbury prisons we would not have ended up with the 4-year running sore that brought the Department of Corrections itself into such disrepute? 
Hon PHIL GOFF 
: The review does touch on the Duffy report with which I am sure the member is familiar. The Duffy report found that the processes were adequate but were not followed and that the department had been slow and unresponsive. That is reiterated in this review report. Clearly the culture of the department needs to change in that way. I the Minister of Corrections and the new chief executive officer of the Department of Corrections are committed to ensuring that the department does become more responsive and that its culture changes.