Prison Regulations

Dáil Éireann Debate, Tuesday - 25 October 2016

Tuesday, 25 October 2016

Questions (89)

Clare Daly

Question:

89. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the maximum number of days that a prisoner's regime can be restricted under rule 63 of the prison rules 2007; the opportunities for a review of their regime restriction that are available to a prisoner while subject to a restricted regime; if there is provision for an automatic review of a prisoner being subject to regime restriction; if so, the number of days after which such a review takes place; and the person or body it is conducted by. [31478/16]

Written answers

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Prison Service that in accordance with Rule 63 of the Prison Rules 2007, a prisoner may at his own request, or when the Governor considers it necessary for the maintenance of good order and safe and secure custody, be kept separate from other prisoners who are reasonably likely to cause the prisoner significant harm.

The Governor is required to keep a record of all directions under this rule and in particular:

(a) The names of each prisoner to whom the rule applies

(b) The date and time of commencement of the prisoner's separation

(c) The grounds upon which the prisoner is deemed vulnerable

(d) The views if any, of the prisoner

(e) The date and time when the separation ends

The prisoner in respect of whom the direction is given, is notified in writing of the direction and of the outcome of any review. The prisoner must be the subject of ongoing review by the Governor.

Under Rule 63 a Governor may authorise a prisoner to participate in authorised activity with other prisoners of the same category.