Dáil Éireann Debate, Tuesday - 25 April 2023
419. Deputy Peadar Tóibín asked the Minister for Justice the number of Ministerial authorisations that have been sought to have a male-born prisoner housed in a women’s prison as is a requirement under section 52 of Prison Rules, in the past ten years; the number granted; and if he will provide details of each case. [19431/23]
View answerI am advised by my officials of the Irish Prison Service that no Ministerial authorisations was granted in the circumstances outlined by the Deputy.
The Irish Prison Service must accept all prisoners into custody into whatever prison a Judge orders under the Consolidated Committal Order which was signed by the Minister for Justice and Equality in 2015.
The Prison Rules, 2007 (S.I. No. 252/2007) set out the minimum rules and regulations on all aspects of life in prisons in Ireland, including admission, accommodation, visiting rights, health, discipline, education, and so forth.
Upon committal, all prisoners are brought to the reception/committal unit of the prison, where they are subject to an individual assessment.
In such cases the Governor will also consider the risks posed including any risk to the prisoner themselves and any level of risk to other prisoners. This risk assessment will determine the regime necessary to ensure the safety of all prisoners and may include the accommodation of the prisoner on a restricted regime under Rule 63 of the Prison Rules.
The Governor may also make a recommendation on the appropriate placement within the prison system, taking into consideration good order, security and operational issues, protection issues, available accommodation and the healthcare and other needs of the prisoner as well as the safety and security of other prisoners and staff. While all prisoners committed are accommodated in accordance with their legal gender and having regard to their safety and the safety of the wider prison population, it should be noted that Irish prisons are not legally defined as 'male' or 'female' prisons. However, Prison Rule 52 provides for male and female prisoners to be accommodated in separate areas. Given this, for operational reasons some prisons are referred to as male or female prisons.
