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Prisoner Welfare

Dáil Éireann Debate, Tuesday - 3 November 2020

Tuesday, 3 November 2020

Questions (1071)

Patrick Costello

Question:

1071. Deputy Patrick Costello asked the Minister for Justice her plans to address concerns regarding the rise in the incidence of individuals being held in 19- to 21-plus hour isolation in prisons; her plans to minimise the use of solitary confinement in prisons; and if she will make a statement on the matter. [33409/20]

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Written answers

As the Deputy will be aware, the mission of the Irish Prison Service is to provide safe and secure custody, dignity of care and rehabilitation to prisoners for safer communities.

My Department has taken steps to brings the Irish prison system into line with the United Nations Standard Minimum Rules for the Treatment of Prisoners (known as ‘Mandela Rules’) in respect of solitary confinement. This included Statutory Instrument 276 of 2017 which amended Rule 27 of the Prison Rules 2007 and which provides a statutory entitlement to prisoners for a minimum of two hours out-of-cell time daily. Therefore, all prisoners have a right, save in exceptional circumstances, to a minimum of 2 hours out of their cell with an opportunity for meaningful human contact.

The means by which this Statutory Instrument is implemented is contained within the Irish Prison Service Policy on the Elimination of Solitary Confinement, which is publicly available on their website.

This 2017 Statutory Instrument brings the Irish prison system into line with the United Nations Standard Minimum Rules for the Treatment of Prisoners (known as ‘Mandela Rules’) in respect of solitary confinement.

On occasion, it is necessary for vulnerable prisoners and others to be separated from the general prison population. This is provided for under Rule 63 of the Prison Rules 2007. A prisoner may, either at his/her own request or when the Governor considers it necessary, in so far as is practicable and subject to the maintenance and good order and safe and secure custody, be kept separate from other prisoners who are reasonably likely to cause significant harm to him/her. In addition, under Rule 62 of the Prison Rules 2007 a Governor may decide, for the maintenance of good order in the prison, to remove a prisoner from general association or structured activity to reduce the negative effect that a prisoner or prisoners may have on the general population. In addition a smaller number of prisoners may have their regimes restricted for medical (Rule 64) or discipline reasons (Rule 67).

The Prison Rules also provide that the imposition of a restricted regime is closely monitored by the Irish Prison Service and the status of each prisoner on restricted regime within the prison system is regularly reviewed. The Director General of the Irish Prison Service chairs a high level group to examine the measures which can be introduced to reduce the number of prisoners held on restricted regimes with a view to ensuring that all receive, as a minimum standard, out of cell time of two hours per day, to engage in exercise or activity.

As the Deputy may appreciate, in light of the COVID - 19 pandemic, a number of measures have been required to be undertaken by the Service in order to protect our prison population. These are taken in line with Public Health advice and have resulted in an increase in the number of prisoners whose regime has been restricted. The Deputy will appreciate that for obvious medical and infection control reasons, those prisoners suspected of infection are placed on a more restrictive form of regime while the testing process is completed.

All prisoners newly committed to prison are placed in quarantine for ten days before being transferred into general population. This measure is in place in order to reduce the risk that a new committal, who might be incubating the virus, could spread Covid-19 into the general prison population. Furthermore, any prisoner who informs staff that they are experiencing symptoms of Covid-19 is immediately assessed by prison healthcare staff who arrange for the prisoner to be isolated and tested. Any prisoner who has had contact with another person who has been tested for Covid-19 and is awaiting results is also isolated from the prison population, while they are tested and awaiting the results of said test.

On 9 April 2020 the Irish Prison Service, in line with Public Health advice, introduced a regime wherein all prisoners over the age of 70, or prisoners with specific serious underlying medical conditions, were cocooned in the prisons in which they were detained. Prisoners over the age of 70 or deemed as medically vulnerable were removed from free association, but could associate in dedicated areas with one another. The practice of cocooning ceased in prisons on 29 June 2020, however, prisoners formerly cocooning are still offered the option of a restricted regime at their own request.

It is important to note that prisoners who are in isolation and quarantine continue to have access to a wide range of services and facilities within the prison including phone calls, psychology supports, tuck shop, chaplaincy services and television and I am advised that particular efforts are being made to ensure that prisoners can communicate with their families on the outside, through increased provision of telephone services.

The Deputy will appreciate that for obvious medical and infection control reasons, those prisoners suspected of infection are placed on a more restrictive form of regime while the testing process is completed.

Finally, the Deputy may be interested to note that the collation of a Quarterly Census of Restricted Regime Prisoners commenced in 2013. This census is published on the website www.irishprisons.ie and includes details on a prison by prison basis, of the number of prisoners on 22 and 23 hour lock-up each quarter.

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