Carol Nolan (Laois-Offaly, Independent)
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364. To ask the Tánaiste and Minister for Justice and Equality if he has taken note of a statement (details supplied) issued in the past number of days by the UK secretary of state for justice; if he will consider introducing such a policy in Ireland; and if he will make a statement on the matter. [5343/23]

Simon Harris (Wicklow, Fine Gael)
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I can advise the Deputy that the Irish Prison Service is currently finalising an updated policy in relation to the management of transgender prisoners.  As part of that process the Irish Prison Service is considering all relevant information and learning arising from the experience in other jurisdictions. 

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, it should be noted that Irish prisons are not legally defined as 'male' or 'female' prisons.

On arrival in prison, the Prison Governor will consider all aspects of the health and well-being of the person arriving, and of the whole prison population. 

The Governor may make a recommendation on the appropriate placement within the prison system for the person concerned, taking into consideration good order, security and operational issues, protection issues, available accommodation and the healthcare needs and human rights of the prisoner, as well as the safety and security of the prison population more generally.

I can assure the Deputy that all decisions taken in relation to the management of our prisons by the Irish Prison Service are guided by the need to ensure the safety and security of prisoners and staff.