Dáil Éireann Debate, Tuesday - 31 May 2022
559. Deputy Patrick Costello asked the Minister for Justice the efforts made since January 2022 to alleviate the position in the Irish Prison Service whereby almost one quarter of prisoners were in some form of restricted regime as per the Irish Prison Service census. [27260/22]
Amharc ar fhreagraThe Irish Prison Service perform a quarterly census of the prison estate and publish the results on their website at www.irishprisons.ie/information-centre/statistics-information/census-reports/. This includes details, on a prison by prison basis, of the number of prisoners on restricted regimes each quarter.
According to the latest census which was carried out on 30 April 2022 the number of prisoners on restricted regimes has decreased by 224 in the overall figure compared to January 2022 (982 in January 2022 to 758 in April 2022), a decrease of 23%.
There are a number of reasons for the restriction to a person’s regime while in custody, including for safety or protection reasons, on the grounds of order and to protect the prison population from the spread of infection, including Covid-19.
Since the onset of the pandemic, a number of measures were introduced by the Service in order to protect the prison population, including the use of quarantine for new committals and isolation of suspected cases of Covid-19. These measures were introduced in line with Public Health advice and have resulted in an increase in the number of prisoners whose regime has been restricted. For medical and infection control reasons, prisoners suspected of infection are placed on a more restrictive form of regime while the testing process is completed.
All prisoners newly committed to prison are currently placed in quarantine for five days before being transferred into general population. This is in order to reduce the risk that a new committal, who might be incubating the virus, could spread Covid-19 into the general prison population. Furthermore, any prisoner who informs staff that they are experiencing symptoms of Covid-19 is immediately assessed by prison healthcare staff who arrange for the prisoner to be isolated and tested. Any prisoner who has had contact with another person who has been tested for Covid-19 and is awaiting results is also isolated from the prison population, while the testing process is completed.
The onset of the Omicron variant of Covid-19 had a significant impact in prisons at the end of 2021 and beginning of 2022 with multiple outbreaks of Covid-19 being experienced across the prison estate. As a result, over 470 prisoners had a restricted regime in January 2022 for isolation or quarantine reasons. I am pleased to note that this figure had reduced to 167 in the April census of restricted regimes. As of 31 May 2022, that number has reduced further to 159.
Prisoners who are in isolation and quarantine continue to have access to a wide range of services and facilities within the prison including phone calls, psychology supports, tuck shop, chaplaincy services and television and particular efforts are being made to ensure that prisoners can communicate with their families on the outside, through increased provision of telephone services.
On occasion, it is necessary for vulnerable prisoners and others to be separated from the general prison population for their safety. This is provided for under Rule 63 of the Prison Rules 2007. A prisoner may, either at his/her own request or when the Governor considers it necessary, in so far as is practicable and subject to the maintenance and good order and safe and secure custody, be kept separate from other prisoners who are reasonably likely to cause significant harm to him/her.
At the time of the last census, the number of prisoners on a restricted regime for protection reasons (Rule 63) was at 575, of which 563 were there at their own request.
Under Rule 62 of the Prison Rules 2007 a Governor may decide, for the maintenance of good order in the prison, to remove a prisoner from general association or structured activity to reduce the negative effect that a prisoner or prisoners may have on the general population. There were 16 prisoners restricted on grounds of order Rule 62 when the last census was taken.
Prisoners may have their regimes restricted for medical (Rule 64) or discipline reasons (Rule 67) and at the time of the census there were no prisoners restricted due to medical reasons (Rule 64) or discipline (Rule 67) reasons.
My Department has taken steps to bring the prison system into line with the United Nations Standard Minimum Rules for the Treatment of Prisoners (known as ‘Mandela Rules’) in respect of solitary confinement. This included Statutory Instrument 276 of 2017 which amended Rule 27 of the Prison Rules 2007 and which provides a statutory entitlement to prisoners for a minimum of two hours out-of-cell time daily. Therefore, all prisoners have a right, save in exceptional circumstances, to a minimum of 2 hours out of their cell with an opportunity for meaningful human contact.
The means by which this Statutory Instrument is implemented is contained within the Prison Service Policy on the Elimination of Solitary Confinement, which is publicly available on their website.
The Prison Rules provide that the imposition of a restricted regime is closely monitored by the Irish Prison Service and the status of each prisoner on restricted regime within the prison system is regularly reviewed.
