Written answers

Wednesday, 26 September 2007

Department of Justice, Equality and Law Reform

Prison Visits

10:00 pm

Photo of Bernard AllenBernard Allen (Cork North Central, Fine Gael)
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Question 889: To ask the Minister for Justice, Equality and Law Reform the reason a person (details supplied) in County Cork has been refused access to the prisons. [19794/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I am informed by the Director General of the Irish Prison Service that the visiting privileges in respect of the person in question have been suspended following a serious breach of security. The circumstances of this breach and subsequent suspension arose in July 2004 following complaints received from a family member of a prisoner (since released) in relation to attempts made by this person to pass material from the prisoner to them. The then Governor of Arbour Hill Prison conducted an investigation into the matter and following same made the decision to suspend his visiting privileges under the following rules, as contained in The Rules for the Government of Prisons 1947 (S.I. 320/47).

Rule 22. (2) No person shall without authority convey or introduce into a prison or convey or throw out of a prison, or convey to any prisoner, or deposit with a view to its coming into the possession of any prisoner, any money, clothing, food, tobacco, letter, paper, book, tool, or other article whatever. Anything so conveyed, deposited, or thrown without authority, may be retained by the Governor.

Rule 60. (2) If there are reasonable grounds for suspecting that any person who comes to the prison for the purpose of seeing a prisoner brings in or takes out any articles for an improper purpose, or contrary to the prison rules, or that his conduct may tend to subvert the discipline or good order necessary to be maintained in the prison, the Governor may suspend his visit and remove him from the prison, duly recording the fact in his journal, and reporting it to the Minister.

I do not doubt that this person has only the best of intentions. However, the Irish Prison Service has a duty of care to the prisoners in their custody and must account for the persons who it allows into prisons. Also, they have an obligation to serve the community with full respect for the human dignity and rights of every person, both in custody and in the wider community including the families of prisoners.

I am informed by the Irish Prison Service that they did not take this decision lightly and having reviewed the circumstances of this case, it is the still their position that visiting privileges should remain suspended.

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