Peadar Tóibín (Meath West, Aontú)
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194. To ask the Tánaiste and Minister for Justice and Equality the number of male-born prisoners who are in women's prisons in Ireland; and the details of the crimes they were convicted of. [5190/23]

Simon Harris (Wicklow, Fine Gael)
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I am advised by the Director General of the Irish Prison Service  that on 30th January 2023 there are 2 prisoners known to the Irish Prison Service who were born male, but are now legally recognised as female under the Gender Recognition Act 2015. Both prisoners are being detained in a female prison for sexual offences.

As background for the Deputy, Prison Rules, 2007 (S.I. No. 252/2007) set out the minimum rules and regulations on all aspects of life in prisons in Ireland, including admission, accommodation, visiting rights, health, discipline, education, and so forth. Much of the daily operation of prisons is guided by the Prison Rules.

The Prison Service is responsible for the safe and secure custody of all persons held in prison.

Where a court makes an order committing a person to a prison, the Prison Service must accept that person into custody in whichever prison is specified by the court. While all prisoners committed are accommodated in accordance with their legal gender and having regard to their safety and the safety of the wider prison population, it should be noted that Irish prisons are not legally defined as 'male' or 'female' prisons.

On arrival in prison, all prisoners are brought to the reception/committal unit of the prison, where there is an opportunity to provide details as part of the committal interview process.

As part of that process and in assessing the needs of a prisoner, the Prison Governor will consider the risks posed to the prisoner themselves and any level of risk to other prisoners. This risk assessment will determine the regime necessary to ensure the safety of all prisoners and may include the accommodation of the prisoner on a restricted regime under Rule 63 of the Prison Rules. The Governor may also make a recommendation on the appropriate placement within the prison system, taking into consideration good order, security and operational issues, protection issues, available accommodation and the healthcare needs of the prisoner, as well as the safety and security of other prisoners and staff.

I have been advised by the Irish Prison Service that they are currently drafting a policy for the management of transgender prisoners, which is expected to be finalised shortly.