Written Answers. - Prisons Service.
Ceist:
1013
Mr. Hayes
asked the
Minister for Justice, Equality and Law Reform
the procedure upon which prison governors decided to read the correspondence of prisoners; if this practice is widespread in the prison service; and if he will make a statement on the matter.
[1267/01]
I am informed by the Director General of the Irish Prisons Service, that the authority whereby prison governors can examine correspondence to and from prisoners is conferred on them by the Statutory Rules and Orders No. 320 for the Government of Prisons, 1947.
Section 10 Rule 63 states:
Every letter to or from a prisoner shall be read by the Governor, or other responsible officer deputed by the Governor, and initialled by him; and if the contents are objectionable, it shall not be forwarded, or the objectionable part shall be erased, according to discretion. The Governor shall use his discretion in communicating to or withholding from a prisoner at any time the contents of any letter addressed to the prisoner, but shall note in his journal every case in which he thinks it proper to withhold a letter which, according to the rules, might be communicated to or written by a prisoner.
Notwithstanding the above regulation, certain correspondence to and from prisoners remains unopened and uncensored. For example, correspondence with a prisoner's legal adviser, the European Court of Human Rights, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment, known as CPT, or the Samaritans, with the name and address of the sender marked on the envelope. Correspondence from these bodies is handed to the prisoner unopened and is signed for on receipt by the prisoner.
However, there are also reasonable and justifiable grounds for governors to retain the right to impose censorship in some cases. In the case of a letter sent to a prisoner where it might reasonably be expected to be a threat to good order or safe or secure custody, or where the letter might reasonably be expected to interfere with the course of justice, censorship would not only be justified, but its very absence would constitute a breach of a prison governor's statutory duty.
In the case of a letter sent by a prisoner, taking account of the recipient and the prisoner, where it might reasonably be expected to cause serious offence to the recipient, the imposition of censorship is essential to protect innocent parties and past victims.
While the prison service remains governed by the Statutory Rules and Orders for the Government of Prisons 1947, successive governors have interpreted and applied these regulations in the least restrictive manner consistent with the safe, secure and humane management of their establishments.
