Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

My Department has taken steps to bring the Irish 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 the introduction of Statutory Instrument (SI) 276 of 2017 which amended Rule 27 of the Prison Rules 2007 and which provides a statutory entitlement to people in custody of a minimum of two hours out-of-cell time daily.

As such, all people in custody have a right to a minimum of 2 hours out of their cell with an opportunity for meaningful human contact. This Irish Prison Service Policy on the Elimination of Solitary Confinement, which is publicly available on their website, implements this SI. The Prison Rules 2007 also provide that the imposition of a restricted regime be closely monitored by the Irish Prison Service and the status of each prisoner on restricted regime within the prison system is regularly reviewed.

As of 16 January 2024, there were 4,748 people in the custody of the Irish Prison Service. Of that, 758 people were subject to a restricted regime.

As the Deputy may be aware, there are a number of reasons for the restriction of a person’s regime while in custody and of the 758 people on a restricted regime -

• 732 were restricted on grounds of protection/vulnerability (Rule 63), of which 687 were there at their own request,
• 22 were restricted on grounds of order (Rule 62),
• 1 was restricted due to medical reasons (Rule 64), and
• 3 were restricted due to infection control measures introduced (i.e. Isolation and Quarantine (Rule 103)).

Table 1 outlines the total number of people in custody who were under 21 years of age on 16 January 2024 and Table 2 outlines the total number of people aged under 21 years who were held on restricted regime classified by hours in cell as of 16 January 2024.

Table 1

Table 2

John McGuinness (Carlow-Kilkenny, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

900. To ask the Tánaiste and Minister for Justice and Equality if she will confirm the status of the transfer of a person (details supplied); and if the request will be expedited considering the applicants deteriorating health [14773/24]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I am advised by my officials in the Irish Prison Service that an application was received for a transfer of sentence from the named person on 27 November 2023.

As the Deputy will be aware, EU Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences establishes the conditions and procedure for the transfer of a custodial sentence between EU member states. This Framework Decision has been implemented in Ireland by the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (the “2023 Act”). The 2023 Act was signed into law on 1 March 2023 and was commenced on 3 May 2023.

I am also advised that the processing of an application under this legislation takes time as it requires legal assessment on a case-by-case basis and the detailed exchange of information between various agencies in the two countries. However, every effort is made to progress each application as soon as possible and within the statutory timeframe.

I understand the Irish Prison Service has not been made aware of any health issues related to the person seeking transfer and the Deputy may wish to contact the Prison Service directly if he has any information of this nature that he has been asked to relay.