Dáil Éireann díospóireacht -
Tuesday, 1 Jul 2003

Vol. 570 No. 2

Written Answers. - Court Procedures.

Joe Costello

Ceist:

481 Mr. Costello asked the Minister for Justice, Equality and Law Reform if prisoners attending the courts will not be paraded publicly handcuffed to prison officers in prison uniform; and if he will make a statement on the matter. [18378/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell):

It is the general practice in each closed prison to handcuff male prisoners when being taken out of the prison on escort to court. In doing this the primary consideration is the legal duty placed on the prison governor to ensure that the person concerned is brought safely and securely before the court. The use of handcuffs and short chains is necessary as borne out over many years by the many attempts by prisoners on escorts to escape from custody and to assault staff. It is standard operating procedure in penal systems throughout the world to take such steps as are necessary to prevent persons escaping from custody while on escort outside of the prison.

While I believe that it is most undesirable that prisoners should be seen in handcuffs by members of the public, including potential jurors and members of the media, many court locations do not allow for the delivery of a prisoner directly to their destination without coming into public view. I do, however, strongly reject the implication that prisoners are ever "paraded" in public. On the contrary, the Prison Service makes every effort to protect the privacy of prisoners by a number of measures. These measures include arriving early for court hearings, conducting escorts within the courts after the jury rooms have been cleared and attempting to arrive in transport as close as possible to the courts in order to reduce the length of time that a prisoner has to spend in the public eye.

The Prison Service is, however, restricted in these efforts by a number of other factors. The primary factor is the layout and design of a number of our courthouses. The Courts Service has responsibility for providing holding cell accommodation for prisoners in courthouses. The Courts Service inherited its building stock from local authorities throughout the country and the standard of holding cell accommodation varies from courthouse to courthouse. Much improvement works have been carried out by the Courts Service since its establishment in November 1999 and holding cells with separate access have been provided in many courthouses. Plans are under way to upgrade courthouse accommodation, including holding cell accommodation with separate access, in many other venues.

With regard to the Four Courts complex in Dublin, it is difficult to transfer prisoners from the various holding cell locations to the relevant criminal courts given their locations within the complex and the nature of the building itself. In addition, there is no adjacent "drive-in" area for prison vehicles to deposit prisoners.

I would also like to inform the Deputy that prison officers often conduct court escorts while not in full uniform and, in some instances, without the need for handcuffs. Occasions where this is possible include court appearances for low security prisoners who do not present an escape risk, most female prisoners and court appearances on foot of a "production" request by a member of An Garda Síochána.

I can assure the Deputy, however, that the highest priority is given to ensuring the security and safety of the prisoners, other court users and the public at all times.