Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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266. To ask the Tánaiste and Minister for Justice and Equality if he is satisfied that prison authorities are taking seriously the problem of racism in prisons, whether directed at prisoners or prison officers, in view of the fact that there have been complaints by prison officers in this regard and at least one case is pending in the Equality Tribunal relating to this issue; and if he will make a statement on the matter. [29531/17]

Charles Flanagan (Laois, Fine Gael)
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I have been advised by the Irish Prison Service that there are no cases pending before the Equality Tribunal/Workplace Relations Commission. However, I am informed that a case has recently concluded; it is not possible at this time to make the outcome of the case public, pending the possibility of an appeal. All decisions by the Workplace Relations Commission are confidential to the parties involved until published by the Workplace Relations Commission.

Clear statutory provisions are in place to address the issue of racist abuse. The Irish Prison Service can and does address alleged racial abuse by prisoners within a statutory environment and having regard to the unique nature of the prison environment and the legal status of prisoners sent by the Courts. Statutory Instrument 252 of 2007, Prison Rules 2007, identifies racist abuse as a serious breach of prison discipline and also makes provision for complaints about racist abuse. "A prisoner shall be guilty of a breach of prison discipline if he or she - treats with disrespect, through the use of any abusive, insolent, racist or threatening behaviour or language, the governor, any prison officer, any prisoner, any visitor to the prison or any other person" [Paragraph 3 Schedule 1 Prison Rules 2007] “displays, attaches, or draws on any part of a prison, or on any other property, threatening, abusive or insulting racist words, drawings, symbols or other material.” [Paragraph 31 Schedule 1 of the Prison Rules 2007]. Racism is placed on the same level as threatening behaviour.

As I am sure the Deputy will agree, a prison is a unique environment. The Irish Human Rights and Equality Commission (IHREC) in May 2015 acknowledged the special difficulties that a prison environment presented and noted: “The Commission understands the difficulties that may arise in the context of eliminating racial harassment, or indeed any form of discriminatory harassment within the Prison system where the alleged perpetrator is a prisoner. In this regard, it is noted that disciplinary procedures are governed by primary legislation and statute.”

The Prison Rules 2007 inform both staff and prisoners alike that engaging in racial abuse constitutes a significant breach of prison discipline which will merit severe sanction. Any victim of racial abuse is made fully aware of the mechanisms available to him or her under the provisions, whereby they can seek redress by way of complaint for any racial abuse suffered. Sanctions which can be imposed on prisoners for breaching prison discipline are contained in the Prisons Act 2007.

In 2014 the Irish Prison Service conducted a survey of its staff on Experiences of Equality and Diversity within the Irish Prison Service. The staff responses in the survey did not identify racism as a significant issue within the service, however the Irish Prison Service remains firmly committed to raising racial awareness as well as highlighting other forms of discrimination and has initiated measures such as “Show Racism the Red Card” to promote racial awareness within the prison.

A new prisoner complaints procedure was introduced from 1 November 2012. This allows for all complaints made by prisoners alleging serious ill treatment, use of excessive force, serious intimidation/discrimination or threats by a member or staff of the Irish Prison Service to be investigated by an independent investigator. The Inspector of Prisons Office has oversight of all investigations, has access to any material relevant to any such investigation and may investigate any aspects that is considered relevant.

Complaints from prison staff regarding alleged harassment by other prison staff on any of the following nine grounds - gender, civil status, family status, sexual orientation, religion, age, disability, race or membership of the Travelling community are dealt with under the Civil Service Dignity at Work policy which outlines procedures for dealing with such complaints. All complaints or queries raised in relation to bullying, harassment or sexual harassment are treated seriously, fairly and in the strictest of confidence. The Dignity at Work policy promotes respect, dignity, safety and equality in the workplace.