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Legislative Reviews

Dáil Éireann Debate, Tuesday - 31 May 2022

Tuesday, 31 May 2022

Ceisteanna (560)

Patrick Costello

Ceist:

560. Deputy Patrick Costello asked the Minister for Justice if she has considered the civil liberties implications of S.I. No. 250/2020 Prison (Amendment) Rules 2020, which was introduced in the context of the Covid pandemic but contain no reference to Covid itself, have no sunset clause and can be utilised upon the advice of a person at the level of the prison doctor; the timeline for the repeal of this legislation in line with the emergency pandemic health legislation which has lapsed; and if she will make a statement on the matter. [27261/22]

Amharc ar fhreagra

Freagraí scríofa

The Irish Prison Service remains committed to the provision of safe, secure and humane custody for people who are sent to prison in this State.

Covid-19 in a prison setting presents significant challenges for prison management in terms of controlling the spread of the virus amongst staff and prisoners, and the provision of appropriate medical treatment to affected persons.

Everyone involved in the Prison Service has worked tirelessly to ensure effective infection control measures are in place while at the same time continuing to provide a range of rehabilitative support services for prisoners in custody.

In 2020 the Prison Rules were amended so that changes to visits, physical recreation, exercise or training in prisons could be made as necessary to prevent or limit the spread of an infectious disease as specified by the Infectious Diseases Regulations 1981.

The amendment provides that the Governor may suspend or modify the provision of visits under Rule 35 and exercise under Rule 32 for a specified period or periods in order to prevent the spread of infectious or communicable diseases into or within prisons. When considering such suspensions or modifications a Governor must take into account any direction issued by the Director General of the Prison Service; any advice or guidelines issued by the Government such as Department of Health, HSE, NPHET; any advice or medical opinion of the prison doctor or other registered medical practitioner consulted by the Governor.

Throughout the course of the pandemic, the Prison Service has continued to review and modify preventative Covid-19 restrictions. Changes to such restrictions have been in alignment with various announcements made by Government and were informed by advice from Public Health/HSE and the Prison Service National Infection Control Team.

The roll out of the Covid-19 vaccination programme across the prisons estate contributed to the unwinding of restrictions in 2021. With the exception of Cloverhill Prison, which then did not have a critical mass of vaccinated prisoners, a significant number of measures in all other locations were relaxed due to the successful roll out of the programme of the vaccination programme across the prison estate.

Reflecting similar action taken in the community, a significant unwinding of measures took place in October, 2021, following the latest advice from Government. These included:

the recommencement of physical visits in all locations (except Cloverhill Prison),

the removal of the restriction preventing the mixing of prisoners from different areas within the prison,

the return of constructive activities to full capacity,

the recommencement of prisoner temporary release programmes, and

the resumption of religious services.

The resumption of these services was contingent on the continuation of a number of infection control measures to ensure the health and safety of both personnel, service providers and prisoners.

In line with both public health guidance and Government restrictions in place in the community, a number of other restrictions were retained at that time including the continued suspension of non-essential prison visits, the continued suspension of group gatherings including award ceremonies and presentations, the continued need to maintain social distancing and the wearing of face coverings.

The Prison Service has managed a number of Covid-19 outbreaks in prisons since November, 2021, which resulted in a significant number of prisoners and personnel testing positive for the virus.

The Service introduced a Covid-19 Contingency Plan which is implemented during an outbreak of the virus within a prison. The Service has revised this Plan and the procedures for the management of outbreaks which will eliminate the need for widespread restrictions and mass testing and ensure that restrictions are limited to the areas impacted by the outbreak.

Following a recent review, it was decided that due to the lower levels of Covid-19 in both the community and in prisons, a number of Covid-19 restrictions and infection control measures would be lifted from 9 May 2022.

These changes include the removal of infection control screens from physical visiting booths and visits have resumed in line with Prison Rules. Hospitality areas have resumed operation in prison visiting centres and children’s play areas have reopened. Furthermore, visiting times for Open Centres have returned to pre-pandemic levels.

Physical visits remain on a fortnightly basis and weekly visits remain under review. The wearing of face masks for the duration of a visit remains a requirement for both prisoners and visitors. Prisoners will continue to have access to a video visit on the week that they do not have a physical visit.

As indicated in my response to Dáil question 373 of 2 February 2020, the Prison Service is keeping under ongoing review any remaining infection control restrictions. While the unwinding of any remaining restrictions will be determined by the level of risk posed to prisons and will take into account Government decisions, I have asked my officials in the IPS to review S.I. No. 250/2020 with a view to revoking it if possible.

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