Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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411. To ask the Tánaiste and Minister for Justice and Equality the number of prisoners that have been tested for Covid-19 by prison in tabular form. [5133/20]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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412. To ask the Tánaiste and Minister for Justice and Equality the number of prisoners that have tested positive for Covid-19 in prisons here. [5134/20]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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413. To ask the Tánaiste and Minister for Justice and Equality the number of prisoners that are currently in isolation due to displaying symptoms of Covid-19 by prison in tabular form. [5135/20]

Charles Flanagan (Laois-Offaly, Fine Gael)
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I propose to take Questions Nos. 411 to 413, inclusive, together.

As the Deputy will appreciate, an outbreak of Covid-19 in a prison setting would present significant challenges for prison management in terms of controlling the spread of the virus amongst staff and prisoners, the provision of appropriate medical treatment to affected persons and the maintenance of staffing levels.

Recognising these challenges, the Director General of the Irish Prison Service at an early stage established an Emergency Response Planning Team (“ERPT”) consisting of senior staff with skills and experience in areas including operational; healthcare; and infection control. The Emergency Response Planning Team was tasked with identifying and issuing instruction for any necessary actions with the aim of:

- Blocking the spread of Covid-19 into a prison setting;

- Early detection of any possible case of Covid-19 in a prisoner or staff member; and

- Prevention of the spread of Covid-19, should a case be confirmed.

A significant amount of work has been carried out by the Irish Prison Service (IPS) to address this challenge, informed and guided by the advice received from the National Public Health Emergency Team (NPHET), and consistent with the prison specific guidance for the management of Covid-19 issued by the World Health Organisation (WHO) on 15 March 2020 and guidance of the Council of Europe.

A range of measures have been introduced across the prison estate in order to monitor, manage and mitigate the impact of the Covid-19 pandemic in Irish prisons. Many of these measures are based on the public health principles of early detection of cases and physical distancing to reduce the risk of Covid-19. Measures introduced have included:

- The introduction of a basic health check, including taking of temperatures for all persons, including staff, entering prisons from 29 March;

- Suspension of physical family visits, replaced by the introduction of video visits;

- Quarantining for 14 days of all newly committed prisoners, in order to reduce the risk that a new committal who might be incubating the virus could spread Covid-19 to the general prison population;

- Isolation of suspected case or prisoner with symptoms to prevent the risk of transmission of infection;

- “cocooning” of vulnerable prisoners including all prisoners aged 70 years or more or those that are deemed medically vulnerable;

- comprehensive training for IPS staff and the provision of appropriate PPE across the prison estate;

- strong communication with staff and prisoners, including two prison newsletters published weekly and regular Covid-19 information leaflets for prisoners and newsletters for staff regarding actions taken; and

- establishment of a robust contract tracing model which has been acknowledged by the World Health Organisation as best practice.

Due to the extensive contingency measures introduced, the ongoing dedicated work of Irish Prison Service staff as well as the cooperation and understanding of the prisoners themselves, I understand that as of yesterday, 12 May 2020, there has no confirmed prisoner case of Covid-19 within the Irish prison system.

The number of prisoners that have been tested for Covid-19 as of 12 May, broken down by prison, is set in the following table which was conveyed to me by the Irish Prison Service.

The number of prisoners currently in isolation, as of 12 May, due to displaying of symptoms of Covid-19, broken down by prison, is set in the following table which was conveyed to me by the Irish Prison Service.

Brendan Griffin (Kerry, Fine Gael)
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414. To ask the Tánaiste and Minister for Justice and Equality his views on a matter (details supplied) as a result of the Covid-19 crisis; and if he will make a statement on the matter. [5155/20]

Charles Flanagan (Laois-Offaly, Fine Gael)
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I appreciate the concerns that the public health emergency is causing for many families in relation to court orders for matters such as access, maintenance and guardianship and I issued a statement on these issues on 4 April 2020. I believe it is important to point out first and foremost however that court orders in relation to access remain in place. Everyone should understand that the restrictions brought in to tackle Covid-19 do not stop them being implemented, and should not be used as an excuse by either party. In particular, the Regulations made by the Minister for Health, which came into effect on Wednesday 8 April, recognise the right of a parent, guardian, or person having a right of access to a child to leave their home in order to give effect to arrangements for access by that person or for another parent, guardian or person having such right of access.

Clearly, however, during this time there may be instances where it is impossible for couples to adhere strictly to the terms of an Order, and the President of the District Court recently clarified that parents could come to mutually agreed arrangements for alternative contact, which could involve phone calls, or skype etc., such agreement being noted by email or text message.

It is also important to note that if parties cannot agree on an alternative arrangement, mediation services are still available and should be used. The Family Mediation Service of the Legal Aid Board is offering free telephone mediation and conflict coaching. More details about this service can be found at www.legalaidboard.ie, while other free parent support services which provide help and advice are available from and

With regard to maintenance and prior to the President of the District Court’s statement 8 May, the Department of Employment Affairs and Social Protection agreed to revise social welfare payments upwards for a 12 week period for recipients who were no longer receiving maintenance from the other parent for their child because they have lost their job due to Covid-19.

The Deputy will appreciate that setting the terms of court orders and related proceedings are matters proper to the judiciary. Neither I nor my Department are involved in such matters.

In the current exceptional circumstances, while court offices are still open, they are only open for essential business, and by appointment only. The Judiciary and the Courts Service have advised that the District Court will continue to hear urgent matters in all District Court Districts throughout the country as before, and will resume hearings of certain other urgent matters. Urgent matters are now extended to include additional areas in Criminal, Family, and Child Care Law. In the area of Family Law the President of the District Court announced 8 May changes for matters which can be dealt with. These include the following:

- Applications and hearings for breach of maintenance or access that have occurred during the emergency period or applications and hearings for temporary guardianship orders.

- Remote call-overs and hearings may be conducted in some courts.

- Consent orders that do not require the hearing of evidence may be applied for by email by the applicant’s solicitor exhibiting consent in writing from the respondent’s solicitor. Following consideration by an assigned Judge orders will issue from the Court Office as appropriate without the need for the parties or their legal representatives to attend court.

According to the Practice Direction of the President of the District Court, a case which does not come into the defined urgent category can be treated as urgent if a good case can be made, and this will be decided, by the Court, on a case by case basis. The full details of the statement from the President of the District Court can be found on the website of the Courts Service at: .

I hope this information is of some help to families and I would like to emphasise that I am appealing to everyone to remember at all times that the welfare of the child is paramount.