Written answers

Tuesday, 11 July 2023

Department of Justice and Equality

Prison Service

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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481. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 433 of 20 June 2023, if the information can now be provided; and if she will make a statement on the matter. [33678/23]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I am advised by the Irish Prison Service that the National Violence Reduction Unit (NVRU) is in operation since 2018. It is based in the Midlands Prison, but operates separately as a National Unit. It is a co-led unit, jointly managed by an Assistant Governor (Operational Lead) and Senior Psychologist (Clinical Lead). The NVRU was established in order to provide an enhanced, psychologically-informed service to those people in custody who are typically experiencing high levels of psychological / mental distress and who display high levels of violence and disruptive behaviour in particular circumstances in custody. The people who are accommodated on the NVRU present with some of the most complex and challenging forensic and clinical needs within the prison estate, and require an eclectic and intensive degree of psychological assessment, support and intervention in a controlled environment.

I am advised by my officials in the Irish Prison Service that on 4thJuly 2023, there were six prisoners detained at the National Violence Reduction Unit operating in the Midlands Prison.

The length of time the current prisoners have spent on the NVRU is detailed in the table below:

Prisoner Dates Time
A 28/3/22 to present 1year, 3 months
B 29/8/19 to present 4 years, 11 months
C 18/6/19 to present 4 years
D 2/5/23 to present 5 weeks
E 15/1/19 to 12/3/19 (Released on 12/3/19). 7/6/19 to 3/2/21 (Transferred to Portlaoise on 3/2/21)

9/3/21 to present
2 months20 months27 monthsTotal = 49 months (4 years + 1 month)
F 29/1/19 to 8/9/21 (released on 8/9/21) 15/1/22 to 11/1/23 (released on 11/1/23) 24/1/23 to present 32 months12 months6 monthsTotal = 50 months (4 years +2 months)

Each prisoner on the Unit is reviewed weekly at a Rule 62 Review and also a Dynamic Risk Assessment Meeting (DRAM) and periodically at the Multi Agency Meeting (MAM).

Under Rule 62, 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 may have on the general population. A prisoner detained under this Rule must be reviewed by the Governor every 7 days.

Where a prisoner is detained under Rule 62 for more than 21 days, the Governor must, on a weekly basis, submit a report to the Director General including the views of the prisoner, explaining the need for the continued removal of the prisoner from structured activity or association requesting an extension on the prisoner’s detention under the Rule.

I can further advise the Deputy that my Department has also 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.

In addition to the review under the Prison Rules, a DRAM is held once per week for each prisoner. This is a multidisciplinary forum, where psychological and operational information is shared, and used to inform decision making regarding the prisoners risks, treatment and rehabilitation. Where input to inform decision making from psychiatry and medical staff is required this can be shared through the weekly Multi-Agency Meeting (MAM) forum and also can be sought as required for the DRAM.

A delegation of the Council of Europe's Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) carried out a visit to Ireland from 23 September to 4 October 2019. As part of this visit, the committee looked at the treatment of prisoners in the NVRU and made a number of recommendations.

An independent review of the Unit is scheduled to commence in September 2023, which will be carried out by subject matter experts from His Majesty’s Prison & Probation Service (HMPPS). It is intended that the review will focus on key thematic areas.

Operational prison staff apply, and are selected, based inter alia on a determination of their suitability to work on the NVRU. Training is provided to staff operating in the NVRU. These staff are the only operational staff that work on the NVRU.

Details of all complaints relating to the NVRU by staff, prisoners and / or relatives are set out in the table under.

Year Nature of Complaint Complainant Outcome
2019

1.Missing property

2.Not doing enough for prisoner on NVRU

3.How he is Treated on NVRU

4.Being disrespected by staff

5.Wrongly accused of a breach of discipline by staff

6.2 x Complaint about tuckshop

7.Being on screen visits
All complaints in 2019 were by prisoners

1.Refunded

2.Not upheld

3.Not upheld

4.Not upheld

5.Not upheld

6.Not upheld

7.Not upheld
2020

1.Having his meals served in a disposable box

2.Tuckshop prices

3.Assault by staff
All complaints in 2020 were by prisoners

1.This is a covid measure- not upheld

2.Tuckshop prices displayed. Not upheld

3.Unfounded
2023

1.Access to optician

2.False imprisonment & rape
All complaints in 2023 were by prisoners

1.Placed on optician waiting list

2.Closed. Rape allegation has been investigated by AGS. They have determined there is no case to answer.

I am advised that there are currently two Judicial Reviews ongoing before the High Court. The reviews relate to the prisoners placement and ongoing detention in the NVRU. Moreover, I have been advised of two incidents in the NVRU that gave rise to legal claims and were referred to the Criminal Injuries Compensation Tribunal. Both incidents took place in 2019 and both alleged that officers were assaulted by prisoners in the NVRU.

Finally, I can advise the Deputy that that total staff cost to operate the National Violence Reduction Unit over the past 12 months was €2,203,109.15.

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