Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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419. To ask the Tánaiste and Minister for Justice and Equality the number of prisoners kept in the new Cork prison above the peak capacity figure throughout 2018; the reason the peak capacity figure was breached; and if he will make a statement on the matter. [54235/18]

Charles Flanagan (Laois, Fine Gael)
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I wish to inform the Deputy that the statistics requested in relation to the number of prisoners kept in Cork prison above the peak capacity figure throughout 2018 are provided on the following table.

I can advise the Deputy that Cork Prison is the committal prison for male prisoners from the counties of Cork, Kerry and Waterford and that the current operational bed capacity figure for the Prison is 296. In 2018 the average daily population figure was 288.

The Deputy will appreciate that prison Governors are required by law to accept all prisoners into their custody who have been committed to prison by the Courts. The Irish Prison Service therefore has no control over the numbers committed to custody at any given time.

Finally, I am further advised by my officials in the Irish Prison Service that the actual number of beds available on a given day can be less than the capacity figure as cells may be unavailable for different reasons such as repairs and maintenance. Furthermore, where local management assess a prisoner as being unsuited to share a cell for reasons of vulnerability or propensity to violence, a cell designated as being operationally suitable for two prisoners may, temporarily, house only one prisoner.

Where the number of prisoners exceeds the maximum capacity in any prison, my officials make every effort to deal with this through a combination of inter-prison transfers and structured Temporary Release.

Decisions in relation to temporary release are considered on a case by case basis and the safety of the public is paramount when decisions are made.