Jonathan O'Brien (Cork North Central, Sinn Fein)
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20. To ask the Minister for Justice and Equality the guidelines in place for gardaí and members of the Irish Prison Service transferring prisoners to court; the length of time a prisoner can be left in a van for; and if she will make a statement on the matter. [24485/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I am advised by the Irish Prison Service that all prisoner journeys, including transfers to and from court, are conducted in accordance with the terms of the PSEC (Prison Service Escort Corps) regulations manual. The manual is a comprehensive document which outlines strict procedures for Escorting Prisoners throughout the state and caters for frequent water and rest breaks for the prisoners.

I can advise the Deputy that the Irish Prison Service 'Escorting of Prisoner Policy' document sets out in general terms the procedures and processes relating to the transportation of prisoners. There is no specific information available on the length of time prisoners are detained in cellular transport, but I am advised by the Irish Prison Service that escorts are conducted as expeditiously as possible. The Irish Prison Service works closely with other Criminal Justice agencies, such as An Garda Síochána and the Court Services. On occasion the Irish Prison Service is required to transport prisoners to court locations that have no secure holding facilities. In such cases the Irish Prison Service has to utilise cellular transport to ensure secure and safe custody in as humane a manner as possible.

In relation to An Garda Síochána I can advise the Deputy that the following legislative provisions are of relevance.

Section 5 Criminal Justice (Miscellaneous Provisions) Act, 1997, provides authority for the Garda Síochána to transfer a person to a Court, other than that to which they were first remanded to:

5.—(1)Notwithstanding section 27 (3) of the Courts of Justice Act, 1953 , the court before which a person first appears charged with a particular offence or a judge of the District Court exercising jurisdiction under subsection (2) of section 79 of the Act of 1924 (inserted by section 41 of the Courts and Court Officers Act, 1995) may remand that person in custody to appear at a sitting of the District Court (“alternative court”) in the District Court District in which the prison or place of detention where he or she is to be held in custody is situated or a District Court District adjoining the first-mentioned District Court District

Section 5(2)(a) of the Immigration Act 2003 as amended by Section 80 of the International Protection Act 2015 provides:

(2) (a) Subject to paragraph (b), a person to whom this section applies may be arrested without warrant by an immigration officer or a member of the Garda Síochána, and a person so arrested may be taken to a place referred to in subparagraph (i) or (ii) and detained—

(i) under warrant of that officer or member in a prescribed place and in the custody of the officer of the Minister or member of the Garda Síochána for the time being in charge of that place, or

(ii) for the purposes of subsection (6) and for a period or periods each not exceeding 12 hours—

(I) in a vehicle, for the purposes of bringing the person to the port from which the ship, railway train, road vehicle or aircraft concerned is due to depart, or

(II) within the port referred to in clause (I).”.

Section 5(2)(a) of the Immigration Act 2003 as amended by Section 80 of the International Protection Act 2015 is the only legislation which provides for a specific period of time in which a member of the Garda Síochána can detain a person in a vehicle. This legislation only applies to a person who is unlawfully in the State.