Simon Harris (Wicklow, Fine Gael)
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I propose to take Questions Nos. 134 and 135 together.

I am advised by the Irish Prison Service that the independent living skills unit was opened in Wheatfield Prison in late 2016. The purpose of the unit is to assist prisoners serving long sentences to develop clear and realistic goals in the context of successful sentence progression. The unit replicates community living in so far as is possible within a closed prison environment and encourages prisoners to take responsibility for their own positive sentence management.

Laundry facilities and communal dining are available in the Unit. In-cell phones are available to maintain family relationships with some degree of privacy. The Unit is unlocked at present from 8.00am to 7.30pm and prisoners are responsible for the preparation and cooking of meals at weekends. Once per week the Unit Officer and a prisoner go to a local supermarket to purchase the agreed supplies for the weekend meals.

The Prison Service further informs me that there are currently no plans to review the operation of independent living skills unit or to further develop these units across the prison estate.

In addition to the independent living skills unit, the Deputy may be aware, the Irish Prison Service operates two low-security Open Centres, one at Loughan House, Cavan and one at Shelton Abbey, Wicklow. Open Centres and lower-level security settings are vital tools in the re-integration and rehabilitation of prisoners as they encourage an ethos of independent living and offer a transition between custody and community/family life.

There are also three low security accommodation units; the Progression Unit located on the Mountjoy Prison campus, and the Grove and Harristown House located at Castlerea Prison.

The Progression Unit operates a lower security regime and has a strong focus on rehabilitation and reintegration.

The Grove area consists of separate houses where prisoners live in a domestic type environment which is distinct from the main prison in Castlerea. While the regime there is more liberal than in the main prison, for example, prisoners have free movement within the unit, it remains within the main perimeter wall, is covered by CCTV and prison staff maintain control and supervise the area at all times. Harristown House is located on the grounds of Castlerea Prison but is outside of the main perimeter wall. Prisoners are approved Reviewable Temporary Release to Harristown House to access training/education programmes as deemed suitable by the Irish Prison Service.

Catherine Murphy (Kildare North, Social Democrats)
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136. To ask the Tánaiste and Minister for Justice and Equality his plans for the Office of the Inspector of Prisons to reassess operational maximum capacity levels and safe custody levels in all prisons based on applicable human rights frameworks; and if he will make a statement on the matter. [7456/23]

Simon Harris (Wicklow, Fine Gael)
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The Office of the Inspector of Prisons is a statutory body, set up under the Prisons Act 2007. In accordance with section 30 of the Prisons Act the Inspector of Prisons is independent in the performance of their functions. The Inspector's key role is to carry out regular inspections of prisons and I can advise the Deputy that I have spoken directly to the Inspector of Prisons about his concerns relating to overcrowding in prisons.

As the Deputy will also be aware, the Prison Service must accept all prisoners committed by the Courts. As such the Irish Prison Service has no control over the numbers committed to custody at any given time, and the prison system is, of course, subject to peaks and troughs.

Where the number of prisoners exceeds the maximum capacity in any prison, Irish Prison Service 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 those decisions are made.

Further, I can advise the Deputy that my Department continues to work closely with the Director General of the Irish Prison Service to identify what steps need to be taken to maintain a safe working environment for staff and the safety and security of people in custody.

The Government has provided significant capital funding to the Irish Prison Service in order to enhance the existing prison infrastructure. The commissioning of a new male and female prison accommodation in Limerick Prison will provide an additional 90 male spaces and 22 additional female cell spaces. This new male accommodation is now partially open and the female accommodation is expected to become operational in the first quarter of 2023 subject to the necessary staff resources.

The Programme for Government 2020 contains a broad range of policies and proposals that represent a coherent approach to enhancing and sustaining a more just and safe society, with a specific commitment to review policy options for prison and penal reform. In respect of delivering on this commitment, the Government recently approved the Review of Policy Options for Prison and Penal Reform 2022-2024.

This review seeks to find the balance between ensuring that people who commit serious crimes receive a punishment and a period of incarceration proportionate to that crime, while at the same time acknowledging that sometimes community based sanctions are more appropriate in diverting offenders away from future criminal activity.

In addition to delivering the recommendations of the Review of Policy Options for Prison and Penal Reform, the need to ensure the continued availability of modern prison facilities with adequate capacity will continue to be central to the work of the Irish Prison Service and will be core to the development of the new Irish Prison Service Capital Plan.

Catherine Murphy (Kildare North, Social Democrats)
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137. To ask the Tánaiste and Minister for Justice and Equality the steps he is taking to review prisoner gratuity levels, given the increase in the cost-of-living; and if he will make a statement on the matter. [7457/23]

Simon Harris (Wicklow, Fine Gael)
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I am advised by the Irish Prison Service that the Incentivised Regimes policy provides for a differentiation of privileges between prisoners according to their level of engagement with services and behaviour. The objective is to provide tangible incentives to those in prison to participate in constructive activities and to encourage good behaviour, leading to a safer and more secure environment. I am informed that the list of additional privileges varies between prisons and within different areas of a prison, depending on operational and infrastructure requirements.

I am also advised that three different regime levels are provided for and that the daily gratuity payable varies according to the regime level, as follows: basic €0.95, standard €1.70, and enhanced €2.20. I understand that those on remand are treated in the same way as those who have been sentenced for the purposes of the Incentivised Regimes policy.

The Deputy may also be interested to note that people in prison may avail of further gratuities under the approved working gratuity scheme. The daily amount of the approved work gratuity is fixed for all prisons/institutions at 50 cent per session with a maximum of €3.50 per week for work training activities, such as work in kitchens, laundry, industrial cleaning, grounds maintenance, industrial waste management, painting and stores.

The Incentivised Regimes policy was subject to a national review which concluded in September 2020. One of the recommendations from the review was that consideration be given to an increase in the level of gratuity awarded under the Incentivised Regimes Policy, subject to resource availability. Consideration of this is undertaken as part of the overall estimates process.

I am further advised that to assist in alleviating the cost of tuck shop items for prisoners, a decision was taken by the Prison Service to change sales prices for all non-tobacco products from 1 February 2021. Tuck shop items are now for sale at cost price (plus 5%), with the exception of tobacco which remains at the Recommended Retail Price as its sale is subject to conditions set down by the Revenue Commissioners.

I am also advised by the Prison Service that the Prisoner Initiatives Development Fund (PIDF) was established in July 2021 and provides a means for specific additional prisoner-directed services or programmes, one-off developmental events, or small-scale investment in equipment. In 2022, successful initiatives that received funding from the PIDF helped to deliver on strategic goals and objectives for prisoner rehabilitation, prisoner development, education or training.

Catherine Murphy (Kildare North, Social Democrats)
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138. To ask the Tánaiste and Minister for Justice and Equality the status of the establishment and roll-out of a new prison complaints system; and if he will make a statement on the matter. [7458/23]

Catherine Murphy (Kildare North, Social Democrats)
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140. To ask the Tánaiste and Minister for Justice and Equality the status of plans for the Office of the Ombudsman to receive and deal with complaint appeals from people in prison; and if he will make a statement on the matter. [7460/23]

Simon Harris (Wicklow, Fine Gael)
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I propose to take Questions Nos. 138 and 140 together.

My Department has been working with the Irish Prison Service and the Attorney General’s Office to amend the Prison Rules 2007 to simplify the prisoner complaints system and provide for review by the Ombudsman.

Drafting of the Regulations is at an advanced stage. Once finalised, the Irish Prison Service will update the IT system, the training manual, the policy and staff guidelines, and the prisoner information media to support and explain the new procedures, and staff training will be undertaken. It is estimated that the work to implement the new regulations will take roughly 16-18 weeks to complete once the text of the Statutory Instrument has been finalised.

Following consultation with the Ombudsman, it was agreed that under the revised complaints system, the role of the Ombudsman will become operational once the new complaints system has been established and has bedded down. This approach will allow for any issues that arise with the general operation of the complaints system to be accounted for in the implementation of the Ombudsman’s role.

Catherine Murphy (Kildare North, Social Democrats)
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139. To ask the Tánaiste and Minister for Justice and Equality the number of category A complaints received in 2021 and 2022 that were upheld, not upheld, not proven, terminated or incomplete, respectively, in tabular form; and if he will make a statement on the matter. [7459/23]

Simon Harris (Wicklow, Fine Gael)
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I can advise the Deputy that all prisoners may make a complaint at any time and that the Irish Prison Service treats all complaints with the utmost seriousness.

‘Category A’ complaints are those alleging assault or use of excessive force against a prisoner, ill-treatment, racial abuse, discrimination, intimidation, threats or any other conduct against a prisoner of a nature and gravity likely to bring discredit on the Irish Prison Service. The Irish Prison Service has a dedicated Prisoner Complaints Unit that coordinates the complaints mechanism and ensures confidentiality.

I am advised that ‘Category A’ complaints are assigned for investigation to independent investigators outside of the Irish Prison Service. I am further advised that prior to COVID-19 restrictions, the majority of complaints were completed within 3 to 6 months from the date of the complaint. Investigators are required to conduct face-to-face interviews and take signed statements from all parties to the complaint. The time-frame for completion of investigations was compromised during COVID-19 restrictions which prevented physical access to prisons. Due to the backlog caused by COVID-19 and the depletion in the number of Investigators available, investigations into Category A complaints are currently taking an average of 10 months to complete. The Irish Prison Service advise that they are actively examining opportunities to attract additional investigators to improve that timeframe.

The information requested by the Deputy, in relation to the outcome of the independently investigate Category A complaints for 2021 and 2022, is set out in the table below.