Charles Flanagan (Laois-Offaly, Fine Gael)
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Question 142: To ask the Minister for Justice, Equality and Law Reform the progress made on the introduction of the prison discipline strategy; and the timeframe for its introduction. [36454/08]

Dermot Ahern (Louth, Fianna Fail)
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Part 3 and section 35 of the Prisons Act 2007, both of which came into operation on 1 October 2007, provide a legislative basis for disciplinary and governance related issues within the State's prisons.

Section 35 of the Act permits the Minister for Justice, Equality and Law Reform to make rules for the effective governance of prisons. In that context the Prison Rules, 2007, came into effect in October, 2007 and represent the first major reform of prison regulation in this State since 1947. The rules themselves reflect the Council of Europe's European Prison Rules and best practice internationally and regulate the behaviour not just of prisoners but also that of prison governors and officers.

Part 3 of the Act provides a new appeal mechanism for prisoners to appeal a penalty involving a loss of remission imposed by prison authorities following a finding that they have breached prison discipline. The Act provides for a hearing before an independent Appeal Tribunal and independent professional legal representation for the prisoner where this is requested. The Tribunal may uphold or quash the original finding and may affirm, vary or quash the original sanction applied.

I wish to advise the Deputy that to date five prisoners have appealed disciplinary penalties which consist of or include loss of remission and arrangements are being made to hear these appeals.