Tuesday, 25 October 2016
Department of Justice and Equality
88. To ask the Minister for Justice and Equality the maximum number of days that a person can be segregated from the general prison population under rule 62 of the prison rules 2007; the opportunities for a review of their segregation that are available to a prisoner while segregated; if there is provision for an automatic review of a prisoner being segregated; if so, the number of days after which such a review takes place; and the person or body it is conducted by. [31477/16]
I am advised by the Irish Prison Service that Rule 62 of the Prison Rules 2007 allows for the removal of prisoners from structured activity or association on the grounds of maintaining good order or safe and secure custody. The rule stipulates that the period concerned should be no longer than absolutely necessary. In accordance with Rule 62 (4) where a direction is still in force, the Governor shall review the situation not less than every seven days from the issuing of the initial directive. The prisoner, in respect of whom the direction is given, is notified in writing of the direction and the outcome of any review.
I am further advised that where there is a need for the extended removal of the prisoner beyond 21 days, the Governor must submit a report to the Director General of the Irish Prison Service, who must authorise such an extension in writing. Thereafter, should a further extension be necessary, the Governor must submit a request to the Director General not less than every seven days.
89. To ask the Minister for Justice and Equality the maximum number of days that a prisoner's regime can be restricted under rule 63 of the prison rules 2007; the opportunities for a review of their regime restriction that are available to a prisoner while subject to a restricted regime; if there is provision for an automatic review of a prisoner being subject to regime restriction; if so, the number of days after which such a review takes place; and the person or body it is conducted by. [31478/16]
I am advised by the Irish Prison Service that in accordance with Rule 63 of the Prison Rules 2007, a prisoner may at his own request, or when the Governor considers it necessary for the maintenance of good order and safe and secure custody, be kept separate from other prisoners who are reasonably likely to cause the prisoner significant harm.
The Governor is required to keep a record of all directions under this rule and in particular:
(a) The names of each prisoner to whom the rule applies
(b) The date and time of commencement of the prisoners separation
(c) The grounds upon which the prisoner is deemed vulnerable
(d) The views if any, of the prisoner
(e) The date and time when the separation ends
The prisoner in respect of whom the direction is given, is notified in writing of the direction and of the outcome of any review. The prisoner must be the subject of ongoing review by the Governor.
Under Rule 63 a Governor may authorise a prisoner to participate in authorised activity with other prisoners of the same category.