Written answers

Thursday, 8 March 2018

Department of Justice and Equality

Prison Service Staff

Photo of Seán FlemingSeán Fleming (Laois, Fianna Fail)
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199. To ask the Tánaiste and Minister for Justice and Equality if his attention has been drawn to the circumstances surrounding officers out on sick leave which is work related and these officers being placed on TRR in view of he fact the Irish Prison Service will not allow them to return to the workplace even in circumstances in which the Office of the Chief Medical Officer has cleared them to return; and if he will make a statement on the matter. [11106/18]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I am advised by the Director General of the Irish Prison Service that once an employee is removed from the payroll after reaching the maximum paid sick leave allowed under the Department of Public Expenditure and Reform Circular 12/2015, they may be entitled to Temporary Rehabilitation Remuneration (TRR).

It is an occupational requirement for employment in the prison service that persons employed therein are fully physically capable of meeting the challenges of the job and are available to fully undertake the range of functions that they may be called upon to perform.

Employees absent on sick leave are routinely referred to the Office of the Chief Medical Officer (CMO) to obtain up-to-date medical advice.  In the event that the Chief Medical Officer indicates that an employee is not yet fit for the full range of operational duties or contractual hours, s/he may be accommodated for a maximum of 3 months under the Irish Prison Service Accommodations Policy (Rehabilitative/Restricted Duties).  This can only be considered where the CMO has advised that the officer is likely to be fit to carry out full duties in that timeframe.

An employee may be accommodated in a restricted role if a suitable post within the prison is available.  The Irish Prison Service does not have capacity to accommodate staff on longer periods of these duties as there are very limited posts available.  In the event, that a suitable post cannot be identified or is not available, the employee is required to remain on sick leave until such time as s/he is fit for full duties.

While the Irish Prison Service endeavours to provide reasonable accommodations, within the constraints provided by the prison environment, it should be noted that there is no onus on the Service to provide such accommodations and this is reflected in the employment equality legislation, i.e., section 37 of the Employment Equality Acts 1998 - 2015:

“It is an occupational requirement for employment in the Garda Síochána, Irish Prison Service or any emergency service that persons employed therein are fully competent and available to undertake, and fully capable of undertaking, the range of functions that they may be called upon to perform so that the operational capacity of the Garda Síochána or the service concerned may be preserved.”

Prior to the Employment Equality Act 1998, this aspect of employment in the Irish Prison Service was subject to the Employment Equality Act 1977.  Section 12 of that Act stated:

(1) This Act does not apply to employment—

(a) in the Defence Forces,

(b) in the Garda Síochána,

(c) in the prison service, or

(d) in a private residence or by a close relative.

Photo of Seán FlemingSeán Fleming (Laois, Fianna Fail)
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200. To ask the Tánaiste and Minister for Justice and Equality the status of persons in the Irish Prison Service who had a local accommodation in operation which restricted them to lower risk duties including but not limited to non-prisoner contact in the prison service prior to the introduction of the policy for accommodation rehabilitative or restricted duties in July 2014; if all such persons were consulted in relation to their situation; if the chief medical officer was consulted; the basis for selection to allow some persons to be accommodated outside the new policy; the reason others were not included; the process used to assess staff other than the five that have been granted accommodation under the new policy; and if he will make a statement on the matter. [11117/18]

Photo of Seán FlemingSeán Fleming (Laois, Fianna Fail)
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203. To ask the Tánaiste and Minister for Justice and Equality the status of persons that had a local accommodation in operation which was restricted to lower risk duties including but not limited to non prisoner contact in the Irish Prison Service prior to the introduction of the policy for accommodations (rehabilitative/restricted duties) in July 2014; if all such persons were consulted in relation to their situation; if the chief medical officer was consulted on their specific situation regarding accommodating them outside of the new policy; the basis for selection to allow some persons to be accommodated outside the new policy; the reason others were not included; the process in assessing staff other than the five that have been granted stand-alone accommodation outside the new policy; the reason others were not included; and if he will make a statement on the matter. [11169/18]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I propose to take Questions Nos. 200 and 203 together.

The Irish Prison Service Accommodations Policy (Rehabilitative/Restricted Duties) was introduced in July 2014.  The policy applied to all accommodations granted from that date and was not retrospective.

I am advised by the Director General of the Irish Prison Service that there are now 3 officers on long term restricted duties.  These are officers who were being accommodated on restricted duties on the date of the introduction of the Irish Prison Service Accommodations Policy (Rehabilitative/Restricted Duties). 

These cases are kept under constant review, in liaison with the Office of the Chief Medical Officer.

Photo of Seán FlemingSeán Fleming (Laois, Fianna Fail)
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201. To ask the Tánaiste and Minister for Justice and Equality the process used for the assessment of injury and illness and the granting of workplace accommodations and lighter duties in the Irish Prison Service; the rules governing employment in An Garda Síochána, the Irish Prison Service or the emergency services prior to the implementation of the Employment Equality Acts 1998 and 2004; and if he will make a statement on the matter. [11118/18]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I am advised by the Director General of the Irish Prison Service that once an employee is removed from the payroll after reaching the maximum paid sick leave allowed under the Department of Public Expenditure and Reform Circular 12/2015, they may be entitled to Temporary Rehabilitation Remuneration (TRR).

It is an occupational requirement for employment in the prison service that persons employed therein are fully physically capable of meeting the challenges of the job and are available to fully undertake the range of functions that they may be called upon to perform.

Employees absent on sick leave are routinely referred to the Office of the Chief Medical Officer (CMO) to obtain up-to-date medical advice.  In the event that the Chief Medical Officer indicates that an employee is not yet fit for the full range of operational duties or contractual hours, s/he may be accommodated for a maximum of 3 months under the Irish Prison Service Accommodations Policy (Rehabilitative/Restricted Duties).  This can only be considered where the CMO has advised that the officer is likely to be fit to carry out full duties in that timeframe.

An employee may be accommodated in a restricted role if a suitable post within the prison is available.  The Irish Prison Service does not have capacity to accommodate staff on longer periods of these duties as there are very limited posts available.  In the event, that a suitable post cannot be identified or is not available, the employee is required to remain on sick leave until such time as s/he is fit for full duties.

While the Irish Prison Service endeavours to provide reasonable accommodations, within the constraints provided by the prison environment, it should be noted that there is no onus on the Service to provide such accommodations and this is reflected in the employment equality legislation, i.e., section 37 of the Employment Equality Acts 1998 - 2015:

“It is an occupational requirement for employment in the Garda Síochána, Irish Prison Service or any emergency service that persons employed therein are fully competent and available to undertake, and fully capable of undertaking, the range of functions that they may be called upon to perform so that the operational capacity of the Garda Síochána or the service concerned may be preserved.”

Prior to the Employment Equality Act 1998, this aspect of employment in the Irish Prison Service was subject to the Employment Equality Act 1977.  Section 12 of that Act stated:

(1) This Act does not apply to employment—

(a) in the Defence Forces,

(b) in the Gárda Síochána,

(c) in the prison service, or

(d) in a private residence or by a close relative.

Photo of Seán FlemingSeán Fleming (Laois, Fianna Fail)
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202. To ask the Tánaiste and Minister for Justice and Equality the status of the case of a person (details supplied); and if he will make a statement on the matter. [11168/18]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I am advised by the Director General of the Irish Prison Service that there is an on-going Labour Court process in this case.  Accordingly, it would be inappropriate to comment on the matter.

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