Written answers

Tuesday, 28 November 2006

Department of Justice, Equality and Law Reform

Drugs in Prisons

10:00 am

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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Question 210: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the standard operating procedure that takes place when a prison visitor is found to be smuggling in drugs during a visit, including the steps that are taken by prison officers in such an event; if a record of the incident is filed; if the Gardaí are contacted; the possible punitive sanctions faced by the visitor in question; and what the Prison Service does with the drugs confiscated. [40419/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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Visitors found passing contraband are generally banned from visiting our prisons, either indefinitely, or for a specified period of time. The visit is immediately terminated and the visitor removed from the area. Gardaí may be called with a view to prosecuting the persons concerned. In such instances, retrieved substances are handed over to Gardaí and any resulting sanctions are a matter for the courts. The prisoner concerned is searched as a standard operational procedure. In addition, the prisoner may be placed on a disciplinary report for a breach of the Prison Rules.

Retrieval of prohibited substances such as drugs (or suspected drugs) is recorded under the generic description of "prohibited articles/substances" and not classified separately. As the seizure of such substances may arise from different situations, records are maintained in different sources, for example, a prisoner disciplinary report on his/her file, an incident log, or in the visiting area records. The Deputy will be aware, however, that the exact nature of any contraband intercepted can only be established following chemical analysis.

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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Question 211: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the range of possible punitive sanctions faced by a prisoner found to be in possession of illegal drugs. [40421/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The authority to impose punishments for breaches of prison discipline, such as the possession of illegal drugs, is covered by Rule 69 (1) of the Rules for Government of Prisons, 1947. This rule allows Prison Governors to order a prisoner's punishment by any one or more of the following: (1) Close confinement for any period not exceeding three days (2) Forfeiture of remission of sentence for a period not exceeding 14 days, (3) Suspension of any privileges for a period not exceeding two months.

In cases where prisoners are found with quantities of drugs the Gardaí may be called with a view to prosecuting the person concerned. In such instances, retrieved substances are handed over to Gardaí and any resulting sanctions are a matter for the courts. As the Deputy will be aware, I have provided extensive provisions in Part 3 of the Prisons Bill, 2006 dealing with Prison Discipline. The Bill is currently before the Seanad.

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