Patrick Costello (Dublin South Central, Green Party)
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555. To ask the Tánaiste and Minister for Justice and Equality if she will introduce a code of ethics for prison staff in line with the Council of Europe recommendation CM/Rec (2012) 5; and if she will make a statement on the matter. [27256/22]

Helen McEntee (Meath East, Fine Gael)
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I can advise the Deputy that the Irish Prison Service introduced a new Code of Ethics for staff in December 2021.

The new Code sets out the values and behaviours which are expected of and demonstrated by prison staff across the Service on a daily basis. The Code is grounded on the Prison Service core values namely:

Teamwork;

Integrity;

Unlocking potential;

Safety, and

Support.

The document sets out clear guidance for staff on how they should work together, with prisoners and their families, and with other stakeholders to create a healthy and professional prison environment.

The Code has been written to reflect international and Irish law, best international practice and the ethical responsibilities of professionals in other comparable contexts within the State. This includes having regard to the Council of Europe Recommendation CM/Rec (2015) 5. The Prison Service has also engaged with other Prison Services' who have also introduced a Codes of Ethics in recent years.

The Code applies to all Prison Service staff, who are also subject to the provisions set out in the Civil Service Code of Standards and Behaviour. In addition, Doctors, Psychologists and Healthcare staff employed by the Service are governed by both this Code and their own professional Codes of Ethics which must be read and reconciled in the context of any situation in which they are confronted. All service providers or volunteers working in or visiting our prisons are also expected to abide by the Code.

Included in the Code is a new Ethical Decision Making Model for staff to support them when faced with challenging situations.

The Code has been made available to all prison staff via the Prison Service Intranet and ethics forms part of the Recruit Prison Officer Training programme.

Patrick Costello (Dublin South Central, Green Party)
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556. To ask the Tánaiste and Minister for Justice and Equality if she will order an annual publication of a measuring the quality of life in prison, similar to research carried out by the University of Oxford in the United Kingdom, either by the Inspector of Prisons or an academic institution or NGO; and if she will make a statement on the matter. [27257/22]

Helen McEntee (Meath East, Fine Gael)
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As the Deputy will appreciate, oversight and evaluation are important elements in developing and improving our penal system.

Independent prison monitoring is an essential part of accountability for any modern prison system. The European Prison Rules stipulate that the conditions of detention and treatment of prisoners are monitored by an independent body or bodies whose findings are made public. While there are no plans at present to undertake research of the specific type referred to by the Deputy, I can advise that a number of independent bodies have responsibility for oversight of our prisons, including the Office of the Inspector of Prisons and the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT).

In particular, the Office of the Inspector of Prisons is a statutory body, independent in how it carries out its work, set up under the Prisons Act 2007. The Inspector's key role is to carry out regular inspections of prisons and the Inspector plays a vital role in ensuring effective independent oversight of our prison system.

The Annual Report of the Office of the Inspector of Prisons provided a comprehensive overview of prisons in Ireland, which included a synopsis of, amongst other areas, healthcare, restricted regimes, quality initiatives, purposeful activities and operational challenges in each prison.

An Inspection Framework for the Inspection of Prisons in Ireland was developed and launched on 15 September 2020. The Framework sets out how the Inspector will conduct inspections of prisons in Ireland. It is informed by the statutory underpinning of the Inspector in legislation, national legislation relating to prisons and prisoners’ rights, and international obligations owing to prisoners. Under this Framework, the Inspector will engage with and survey both prisoners and prison staff to gather information on prison conditions and prisoner welfare (as the Deputy will be aware, the Inspector suspended the 2021 general inspection programme and embarked on a COVID focused inspection schedule, the reports of which have all been published and can be found on the websites of the Inspector of Prisons and my Department).

Patrick Costello (Dublin South Central, Green Party)
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557. To ask the Tánaiste and Minister for Justice and Equality if she will amend the Irish Prison Service Prison rules, specifically rule 95 on use of force, to clarify that the amount of force used shall be the minimum necessary and shall be imposed for the shortest necessary time. [27258/22]

Helen McEntee (Meath East, Fine Gael)
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I wish to advise the Deputy that the provisions for the use of force by prison officers is set out in Rule 93 (1) of the Prison Rules 2007 (SI 252/2007).

This rule is explicit in outlining the circumstances in which force may be lawfully used by an Officer and the factors to be considered by an Officer in deciding the amount of force to be used.

The rule states: “Where, for the purpose of maintaining or restoring good order or safe or secure custody, it is deemed necessary to use force in relation to a prisoner, such force only as is reasonably necessary and proportionate to achieve that purpose shall be used”.

The application of the rule is further explained in a specific Standard Operating Procedure and in the Prison Service Code of Ethics.

Staff receive significant briefings, during their initial training and at regular intervals during their careers, on the use of force as outlined in this Rule; Standard Operating Procedure and Code of Ethics.

The Irish Prison Service has commenced a comprehensive review of the Prison Rules 2007 (SI 252/2007) in consultation with relevant functions in my Department. The purpose of the review is to update the Irish Prison Rules taking account of the updated European Prison Rules which were published in 2020.

I can advise the Deputy that the Irish Prison Service will consider Rule 93 in the context of the provisions of the European Prison Rules as part of this review.

Patrick Costello (Dublin South Central, Green Party)
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558. To ask the Tánaiste and Minister for Justice and Equality the specific differences in the disciplinary code for officers which was affected by the introduction of S.I. No. 261/2020 which revoked the pre-existing S.I. No. 289/1996. [27259/22]

Helen McEntee (Meath East, Fine Gael)
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I can advise the Deputy that the implementation of Circular 19/2016 Civil Service Disciplinary Code on 1 October 2020 has brought the Irish Prison Service into line with the wider Civil Service in terms of the process for the management of staff disciplinary issues. Utilising the Civil Service Disciplinary Code has allowed the Prison Service to draw on the experiences of the wider Civil Service when dealing with disciplinary issues.

The Code provides a clear and structured procedure to deal with disciplinary issues and ensures that officers against whom allegations are made are dealt with in a fair, equitable and timely manner after all relevant facts have been considered.

The main differences between SI 289/1996 - Prison (Disciplinary Code for Officers) Rules, 1996 and Circular 19/2016 Civil Service Disciplinary Code are as follows;

SI 289/1996 was specific to Prison Staff only while Circular 19/2016 is applicable to all Civil Servants,

The description of breaches of discipline differ between SI 289/1996 and Circular 19/2016,

Under SI 289/1996 all breaches of discipline are dealt with by the Governor while Circular 19/2016 breaches are dealt with by the Relevant Manager and allows for -

Minor breaches to be dealt with by the Officer’s Line Manager (Relevant Manager) and

More serious breaches by the Governor (Relevant Manager).

Under SI 289/1996 the appropriate sanction to be recommended/applied is limited to;

Rule 5 – advice, caution or admonition as the circumstances may require,

Award a reprimand,

Award a reprimand and recommend a reduction in rank or a reduction in pay for a specific period of time, and

Award a reprimand and recommend that the Officer be dismissed.

Circular 19/2016 provides for a broader range of disciplinary sanctions with 13 sanctions available to be recommended and/or applied including -

1. Level 1 Verbal Warning
2. Level 2 Written Warning
3. Level 3 Final Written Warning
4. Extension of the period of validity of a warning
5. Deferral of an increment
6. Debarment from competitions or promotions for a specified period of time
7. Withdrawal of concessions
8. Reassignment to a different location or different duties
9. Withdrawal of allowances
10. Placing the civil servant on a lower rate of remuneration (including the withholding of an increment)
11. Reducing the civil servant to a specified lower grade or rank
12. Suspending the civil servant without pay
13. Dismissal

Under SI 289/1996 the Director General of the Prison Service had the final decision on the appropriate sanction to be applied. Under Circular 19/2016, where sanctions 1-8 are to be applied, the final decision lies with the relevant manager and where more serious sanctions 9-13 are to be applied, the final decision lies with the Appropriate Authority under the relevant legislation, in this instance the Secretary General of my Department.

I am advised that the initial assessment from the Prison Service would suggest that the Civil Service Disciplinary code is a more efficient process leading to cases being dealt with in a more timely manner.

Patrick Costello (Dublin South Central, Green Party)
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559. To ask the Tánaiste and Minister for Justice and Equality the efforts made since January 2022 to alleviate the position in the Irish Prison Service whereby almost one quarter of prisoners were in some form of restricted regime as per the Irish Prison Service census. [27260/22]

Helen McEntee (Meath East, Fine Gael)
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The Irish Prison Service perform a quarterly census of the prison estate and publish the results on their website at www.irishprisons.ie/information-centre/statistics-information/census-reports/. This includes details, on a prison by prison basis, of the number of prisoners on restricted regimes each quarter.

According to the latest census which was carried out on 30 April 2022 the number of prisoners on restricted regimes has decreased by 224 in the overall figure compared to January 2022 (982 in January 2022 to 758 in April 2022), a decrease of 23%.

There are a number of reasons for the restriction to a person’s regime while in custody, including for safety or protection reasons, on the grounds of order and to protect the prison population from the spread of infection, including Covid-19.

Since the onset of the pandemic, a number of measures were introduced by the Service in order to protect the prison population, including the use of quarantine for new committals and isolation of suspected cases of Covid-19. These measures were introduced in line with Public Health advice and have resulted in an increase in the number of prisoners whose regime has been restricted. For medical and infection control reasons, prisoners suspected of infection are placed on a more restrictive form of regime while the testing process is completed.

All prisoners newly committed to prison are currently placed in quarantine for five days before being transferred into general population. This is in order to reduce the risk that a new committal, who might be incubating the virus, could spread Covid-19 into the general prison population. Furthermore, any prisoner who informs staff that they are experiencing symptoms of Covid-19 is immediately assessed by prison healthcare staff who arrange for the prisoner to be isolated and tested. Any prisoner who has had contact with another person who has been tested for Covid-19 and is awaiting results is also isolated from the prison population, while the testing process is completed.

The onset of the Omicron variant of Covid-19 had a significant impact in prisons at the end of 2021 and beginning of 2022 with multiple outbreaks of Covid-19 being experienced across the prison estate. As a result, over 470 prisoners had a restricted regime in January 2022 for isolation or quarantine reasons. I am pleased to note that this figure had reduced to 167 in the April census of restricted regimes. As of 31 May 2022, that number has reduced further to 159.

Prisoners who are in isolation and quarantine continue to have access to a wide range of services and facilities within the prison including phone calls, psychology supports, tuck shop, chaplaincy services and television and particular efforts are being made to ensure that prisoners can communicate with their families on the outside, through increased provision of telephone services.

On occasion, it is necessary for vulnerable prisoners and others to be separated from the general prison population for their safety. This is provided for under Rule 63 of the Prison Rules 2007. A prisoner may, either at his/her 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.

At the time of the last census, the number of prisoners on a restricted regime for protection reasons (Rule 63) was at 575, of which 563 were there at their own request.

Under Rule 62 of the Prison Rules 2007 a 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. There were 16 prisoners restricted on grounds of order Rule 62 when the last census was taken.

Prisoners may have their regimes restricted for medical (Rule 64) or discipline reasons (Rule 67) and at the time of the census there were no prisoners restricted due to medical reasons (Rule 64) or discipline (Rule 67) reasons.

My Department has taken steps to bring the prison system into line with the United Nations Standard Minimum Rules for the Treatment of Prisoners (known as ‘Mandela Rules’) in respect of solitary confinement. This included Statutory Instrument 276 of 2017 which amended Rule 27 of the Prison Rules 2007 and which provides a statutory entitlement to prisoners for a minimum of two hours out-of-cell time daily. Therefore, all prisoners have a right, save in exceptional circumstances, to a minimum of 2 hours out of their cell with an opportunity for meaningful human contact.

The means by which this Statutory Instrument is implemented is contained within the Prison Service Policy on the Elimination of Solitary Confinement, which is publicly available on their website.

The Prison Rules provide that the imposition of a restricted regime is closely monitored by the Irish Prison Service and the status of each prisoner on restricted regime within the prison system is regularly reviewed.