Clare Daly (Dublin Fingal, Independent)
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266. To ask the Tánaiste and Minister for Justice and Equality his plans to address points in the Inspector of Prisons Annual Report 2015 and 2016 in relation to concerns regarding the use of restricted regimes and the need to monitor same; and if he will make a statement on the matter. [51976/17]

Charles Flanagan (Laois, Fine Gael)
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I recently published the Office of the Inspector of Prisons Annual Reports for 2015 and 2016. In these reports, the Acting Inspector notes that she has encountered prisoners on various restricted regimes and that she recognises the challenge faced by the Irish Prison Service in seeking to keep these prisoners in safe and secure custody. She also states that her office will continue to monitor the regimes of such prisoners to ensure compliance with the law and their human rights.

The restriction of a prisoner's regime can arise is a number of circumstances. Such restrictions are as provided for in the 2007 Prison Rules, as amended. For example, Rule 63 provides that a regime can be restricted so as to provide for the protection of vulnerable prisoners. In this case the prisoner may either at his own request or when the Governor considers it necessary -  in so far as is practicable and subject to the maintenance and good order and safe and secure custody -  be kept separate from other prisoners who are reasonably likely to cause significant harm to him/her.

Rule 62 provides a further example of a restricted regime. This is where the Governor may decide, for the maintenance of good order in the prison, to remove a prisoner from general association or structured activity to reduce the negative effect that a prisoner or prisoners may have on the general population.A smaller number of prisoners may have their regimes restricted for medical (Rule 64) or discipline reasons (Rule 67).

The Prison Rules 2007 provide that the imposition of restricted regimes is closely monitored by the Irish Prison Service (IPS). The IPS Statistics Unit commenced the collation of a Quarterly Census of Restricted Regime Prisoners in 2013 and this is published quarterly on its website (www.irishprisons.ie). The Director General of the IPS chairs a high level group to look at measures which can be introduced to reduce the number of prisoners held on restricted regimes. The objective of this group is to ensure that all prisoners receive a minimum standard out of cell time to engage in exercise or activity consistent with IPS policy on the elimination of solitary confinement. That policy is also available on its website

In June this year, I made a Statutory Instrument entitled “Prison (Amendment) Rules 2017 (no. 276 of 2017)" which brings into effect that provision relating to solitary confinement contained in the United Nations Standard Minimum Rules for the Treatment of Prisoners - known as the Nelson Mandela Rules. The Mandela Rules define solitary confinement as being restricted to one’s cell or room for more than 22 hours a day without meaningful human contact. As a result of this SI, and subject to any restrictions imposed under and in accordance with Part 3 of the Prisons Act 2007 and Part 4 of the 2007 Prison Rules, all prisoners have a right to spend a minimum of 2 hours out of their cell with an opportunity for meaningful human contact.

The number of prisoners on 22/23 hour lock up has decreased from 211 in 2013 to 9 currently - a decrease of 202 or 96%.