Éamon Ó Cuív (Galway West, Fianna Fail)
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1066. To ask the Tánaiste and Minister for Justice and Equality the total number of occasions on which prisoners slept on mattresses, by prison during Q4 2022; and if he will make a statement on the matter. [12995/23]

Simon Harris (Wicklow, Fine Gael)
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As the Deputy will be aware, the Irish Prison Service must accept all people 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 people in custody 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.

I can further advise the Deputy that my Department has been working closely with the Director General of the Irish Prison Service to ensure a safe working environment for staff and the safety and security of those in our custody and we are taking a number of short and medium term steps to address the issue of increasing prison numbers.

As the Deputy will also be aware, 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 soon.

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.

The information requested by the Deputy in respect of the number of people in custody sleeping on mattresses on the floor during quarter four of 2022 is contained in the tables below.

*The following prisons had no instances of prisoners sleeping on mattresses on the floor in October

Arbour Hill, Cork, Dochas Centre, Midlands, Portlaoise, Shelton Abbey, Loughan House and Wheatfield Prison.

**The following prisons had no instances of prisoners sleeping on mattresses on the floor in November

Arbour Hill, Dochas Centre, Midlands, Portlaoise, Shelton Abbey, Loughan House and Wheatfield Prison.

***The following prisons had no instances of prisoners sleeping on mattresses on the floor in December

Arbour Hill, Dochas Centre, Midlands, Portlaoise, Shelton Abbey, Loughan House and Wheatfield Prison.

Éamon Ó Cuív (Galway West, Fianna Fail)
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1067. To ask the Tánaiste and Minister for Justice and Equality the status of the review of remission and structured temporary release for people in prison; and if he will make a statement on the matter. [12996/23]

Simon Harris (Wicklow, Fine Gael)
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Under the Review of Policy Options for Prison and Penal Reform 2022-2024 there is a commitment to conduct a review of remission and temporary release to improve rehabilitation and reduce reoffending and overcrowding in prisons.

As the Deputy will be aware, prisoners sentenced to a definite term generally qualify for one quarter remission on the basis of good behaviour. In the current system, in certain cases of particularly good behaviour, prisoners may apply to the Minister for Justice for enhanced remission, the current rate of which is up to 33% of a determinate sentence. Where a prisoner is found to have committed a breach of prison discipline, such as assaults, intentionally or recklessly damaging property, the detention of any person against their will, escape or absconding, a loss of remission (up to 14 days) can be imposed by the Governor.

The review commenced in Q3 2022 and work is ongoing.

Éamon Ó Cuív (Galway West, Fianna Fail)
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1068. To ask the Tánaiste and Minister for Justice and Equality if he will report on progress on the review of the Prison Rules 2007; and if he will make a statement on the matter. [12997/23]

Simon Harris (Wicklow, Fine Gael)
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The Deputy will be aware that the Irish Prison Service commenced a review of Prison Rules in 2020 following the publication of the revised European Prison Rules by the Council of Europe. Progress on the Review was delayed due to challenges presented by the Covid-19 pandemic. However, work on the Review restarted in 2022 and significant progress has been achieved on the development of a working document.

This includes the development of draft amendments to give effect to the provisions of the European Prison Rules 2020, amendments suggested from within the Irish Prison Service and amendments arising from the public consultation phase.

The working document is currently being considered by the Irish Prison Service, and once this is completed, the Irish Prison Service will be engaging with officials in my Department on the next steps.

Éamon Ó Cuív (Galway West, Fianna Fail)
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1069. To ask the Tánaiste and Minister for Justice and Equality the status of plans to place the Irish Prison Service on a statutory footing; and if he will make a statement on the matter. [12998/23]

Simon Harris (Wicklow, Fine Gael)
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On 28 June 2022 the Government gave approval to draft the General Scheme of a Bill to place the Irish Prison Service (IPS) on a full statutory footing with a non-executive Board and other structures that align with best practice in the governance of State bodies. Drafting of the Scheme is well advanced with a view to its submission to Government in the coming months.

The IPS is currently a non-statutory executive agency of the Department of Justice responsible for the secure custody, care and rehabilitation of offenders in each of Ireland’s 12 prisons. It has approximately 3,500 staff and a budget of over €420 million in 2023.

The Programme for Government commits to a range of penal reform measures that require substantial and ongoing modernisation of prison services and practices. This includes an enhanced focus on rehabilitation and reducing recidivism, assisting prisoners with mental health, addiction and other personal difficulties, and upgrading the prison estate. At the same time, like other State agencies, the IPS must meet a growing and demanding variety of governance and performance obligations.

A full statutory footing for the IPS, with oversight and support from an expert non-executive board and committees, will cement its status as a key criminal justice body and strengthen its capacity to implement penal reform and maintain the highest standards of governance and performance. The planned legislation will define the functions of the IPS in law, with these functions to include providing safe and secure custody, upholding human rights, and supporting the well-being and rehabilitation of prisoners with a focus on reducing post-release recidivism. Other statutory functions will include managing the prison estate and co-operating with other State actors in the interests of prisoner welfare and an efficient criminal justice system.

The proposed legislation will also place the role of IPS Director General on a statutory footing with overall responsibility and accountability for managing the prison system and its staff within a policy framework set by the Government and the Minister.

Éamon Ó Cuív (Galway West, Fianna Fail)
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1070. To ask the Tánaiste and Minister for Justice and Equality when the prison chaplain reports for 2021 will be published; and if he will make a statement on the matter. [13016/23]

Simon Harris (Wicklow, Fine Gael)
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The Irish Prison Service Chaplaincy Service has a significant contribution to make as part of the multi-disciplinary team in a prison, addressing the physical, social and spiritual needs of prisoners in a holistic way. Each Chaplain is required under Rule 119(1) of the Prison Rules to submit a report to the Director General and to the Governor on matters relating to the provision of chaplaincy services in the preceding year.

Separately, the Deputy may wish to be aware that the suite of 2021 Chaplains reports, including the one from the Dóchas Centre, have now been finalised and submitted to my Department for information. I understand that the Irish Prison Service expects to publish them as a group to the Irish Prison Service website shortly.