Jonathan O'Brien (Cork North Central, Sinn Fein)
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106. To ask the Minister for Justice and Equality if she will provide the protocol for transgender prisoners within State prisons, in terms of health care and accommodating them in prisons of their self-identified gender; and if she will make a statement on the matter. [2814/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I am informed by the Director General of the Irish Prison Service that a prisoner is committed to prison by the Courts Service as per the Consolidated Committal Order based on their legal identity. The Prison Service accept the prisoner on the basis of the Consolidated Committal Order, which refers to male or female gender.

I am further advised by the Irish Prison Service that on arrival in prison, all prisoners are brought to the reception/committal unit of the prison, where there is an opportunity to provide personal and physical details as part of the committal interview process. The assessment of the prisoner’s needs, may require the Prison Governor to consider the biological gender, legal gender, gender identity, transgender, gender expression, sexual orientation or gender recognition legislation. In such cases the Governor may make a recommendation on the appropriate placement within the prison system, taking into consideration good order, security & operational issues, protection issues, available accommodation and the healthcare needs of the prisoner.

The provision of healthcare is a statutory obligation on the Irish Prison Service as defined in the Prison Rules, 2007. The Irish Prison Service is committed to providing general healthcare services for the assessment, treatment and care of all prisoners, including Lesbian, Gay, Bisexual, Transgender (LGBT) prisoners, which is comparable to those available in the community and which are appropriate to the prison setting.

The Irish Prison Service recognises the need for clear policies and protocols to comply with recently enacted legislation in this area. In their 3 year Strategic Plan 2016-2018, the Irish Prison Service sets out its clear commitment to provide a safe and inclusive environment for all minority groups and develop appropriate placement policies.

The Irish Prisons Service has welcomed the recent publication of research by the Irish Penal Reform Trust, entitled ‘Out on the Inside’ which highlights issues to be addressed for transgender prisoners. These issues present significant challenges to maintain a balance between safety and security and the overall objective that all persons in custody are treated with dignity and respect.

The Irish Prison Service has indicated that it will shortly establish a working group in order to prepare a new policy for LGBT prisoners.