Dáil Éireann Debate, Tuesday - 31 May 2022
557. Deputy Patrick Costello asked the Minister for Justice if she will amend the Irish Prison Service Prison rules, specifically rule 95 on use of force, to clarify that the amount of force used shall be the minimum necessary and shall be imposed for the shortest necessary time. [27258/22]
View answerI wish to advise the Deputy that the provisions for the use of force by prison officers is set out in Rule 93 (1) of the Prison Rules 2007 (SI 252/2007).
This rule is explicit in outlining the circumstances in which force may be lawfully used by an Officer and the factors to be considered by an Officer in deciding the amount of force to be used.
The rule states: “Where, for the purpose of maintaining or restoring good order or safe or secure custody, it is deemed necessary to use force in relation to a prisoner, such force only as is reasonably necessary and proportionate to achieve that purpose shall be used”.
The application of the rule is further explained in a specific Standard Operating Procedure and in the Prison Service Code of Ethics.
Staff receive significant briefings, during their initial training and at regular intervals during their careers, on the use of force as outlined in this Rule; Standard Operating Procedure and Code of Ethics.
The Irish Prison Service has commenced a comprehensive review of the Prison Rules 2007 (SI 252/2007) in consultation with relevant functions in my Department. The purpose of the review is to update the Irish Prison Rules taking account of the updated European Prison Rules which were published in 2020.
I can advise the Deputy that the Irish Prison Service will consider Rule 93 in the context of the provisions of the European Prison Rules as part of this review.
