Niall Collins
Ceist:209. Deputy Niall Collins asked the Minister for Justice her views on matters raised in correspondence (details supplied); and if she will make a statement on the matter. [29097/20]
Amharc ar fhreagraWednesday, 7 October 2020
Ceisteanna (209)
Freagraí scríofa
The Deputy will appreciate that I cannot comment on an individual case.
The Irish Prison Service is responsible for the safe and secure custody of all persons held in prison. I have been advised by the Service that they have previous experience dealing with such committals.
Where a court makes an order committing a person to a prison, the Irish Prison Service must accept that person into custody in whichever prison is specified by the court. All prisoners committed to Limerick Prison are accommodated in accordance with their legal gender.
I am advised that, on arrival in prison, all prisoners are brought to the reception / committal unit of the prison, where there is an opportunity to provide details as part of the committal interview process. The assessment of the prisoner’s needs may require a Prison Governor to consider the biological gender, legal gender, gender identity, transgender, gender expression, sexual orientation or gender recognition legislation.
I am, however, also informed that 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 2007. I am further advised that in such cases 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 needs of the prisoner as well as the safety and security of other prisoners and staff.
The Deputy may wish to be aware that there are number of actions contained in the National LGBTI+ Inclusion Strategy relating to LGBTI+ prisoners. Action 13.3 commits the IPS to "develop a placement and accommodation policy to reflect and build upon existing good practice in the accommodation of vulnerable prisoners including LGBTI+ people and I understand that exploratory discussions have been held with relevant stakeholders in that regard.