Paul Murphy (Dublin South West, RISE)
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344. To ask the Tánaiste and Minister for Justice and Equality the number of different cell or room types of accommodation for prisoners, by metric size, not including the sanitary annex, for all prisons and open centres in the prison estate, by individual prison (details supplied). [24074/24]

Helen McEntee (Meath East, Fine Gael)
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I am informed that the Irish Prison Service completed a comprehensive audit of cellular accommodation in March 2021 across the prison estate which gathered data on the size of prison cells.

The prison estate in Ireland includes a mix of accommodation types including basic prison cells, en-suite rooms, dormitory style accommodation, wheelchair accessible cells, and special observation cells. Prison accommodation blocks range in age of construction from accommodation built in the mid-19th Century to the most recent high standard accommodation opened in Limerick Prison last year.

Prison accommodation has evolved significantly in terms of size and facilities in recent years with all new cells now built to 12 meters square with a full sanitary suite including toilet, wash hand basin and shower area.

The information requested by the Deputy relating to the number of different cell or room types of accommodation for prisoners, by metric size, for all prisons and open centres in the prison estate is set out in the attached tables.

The information provided in the tables includes the total floor space of each prison cell/room including the sanitary facilities. Information on the size of cells/rooms excluding sanitary facilities is not readily available and would require a manual examination/survey of all prison cells. In the context of limited resources, such an examination would require a disproportionate and inordinate amount of staff time and resources which could not be justified.

Paul Murphy (Dublin South West, RISE)
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345. To ask the Tánaiste and Minister for Justice and Equality if she will amend the misleading figures supplied to the CPT in 2019 regarding capacity and inform the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment of the amendment. [24075/24]

Paul Murphy (Dublin South West, RISE)
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346. To ask the Tánaiste and Minister for Justice and Equality the capacity for the total prison estate, having exact regard to the minimum recommendations of the European Prison Rules, not the IPS's calculation based on 'the bed capacity refers to the maximum number of beds which can be present/operational in a prison at any one time'. [24076/24]

Helen McEntee (Meath East, Fine Gael)
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I propose to take Questions Nos. 345 and 346 together.

I am advised by the Irish Prison Service that the figures provided to the CPT in 2019 were correct at that time. As explained in the published response to the CPT’s 2019 visit, the operational bed capacity of prisoners is calculated on the basis of the number of beds which can be utilised in a prison at any time. The actual capacity can fluctuate from time to time arising from cells being out of commission due to areas of prisons being renovated or refurbished. It should be noted that over the 12 month period to July 2023 more than 200 spaces were added to the prison estate.

It is the case that certain prisons may not be in a position to accommodate prisoners despite operating at less than 100% capacity due to operational restrictions and considerations in relation to specific categories of prisoners.

As of 24 May 2024, prison bed capacity stands at 4,515 across the estate.

Paul Murphy (Dublin South West, RISE)
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347. To ask the Tánaiste and Minister for Justice and Equality in light of the then acting Minister for Justice’s direction to the Department of Justice in May 2023 to fast track the 39-year old recommendation of the 1/3rd Remission Regulation, and the current Minister's rescinding of such direction two weeks later, if she will now enact the regulation and reduce the 'record high-risk overcrowding', and avoid what her Department refers to 'a warning of violence in packed jails'. [24077/24]

Paul Murphy (Dublin South West, RISE)
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352. To ask the Tánaiste and Minister for Justice and Equality if she intends to implement the 1/3rd Remission Regulation first recommended by the Whitaker Report in 1985, and again by the Oireachtas Committee on Justice, Defence and Equality Report on Penal Reform 2013 and Strategic Review Group Final Report 2014, and which the present Taoiseach directed her Department to fast track in May 2023, when the prison population was 4,567 and is now 4,922, and which she subsequently rescinded in June 2023 to help ease overcrowding. [24082/24]

Helen McEntee (Meath East, Fine Gael)
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I propose to take Questions Nos. 347 and 352 together.

The Deputy is misrepresenting the situation. In April of last year, the carrying out of a review of remission and temporary release was expedited. This review had been committed to in the review of Policy Options for Prison and Penal Reform 2022-2024, which I had published in August 2022.

As the Deputy is no doubt aware, people sentenced to imprisonment 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, 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; intentional or reckless damage to property; the detention of any person against their will; escape or absconding, a loss of remission (up to 14 days) may be imposed by the Governor.

As committed to, a review was completed and approved in December 2023. This review concluded that current rates of remission should be retained. This reflects the uniqueness of Ireland’s unconditional early release policy when compared to other jurisdictions, and in particular the judiciary’s awareness of this system during the sentencing process. It also provides a solid foundation for the development of regulations on the eligibility for parole under section 24 of the Parole Act 2019.

I can advise the Deputy that work on the development of parole regulations commenced late last year and is currently ongoing.

Paul Murphy (Dublin South West, RISE)
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348. To ask the Tánaiste and Minister for Justice and Equality the steps she has taken to quell a riot or serious violence in Mountjoy Prison or other prisons as a result of overcrowding, such as occurred under her watch in Dublin in 2023; and how long it would take to implement such steps from the start of the outbreak. [24078/24]

Helen McEntee (Meath East, Fine Gael)
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I have been advised by my officials in the Irish Prison Service that they have in place a number of contingency plans for serious disturbances and that these plans continue to be assessed on an ongoing basis, particularly in light of an expanding prison population.

It would not be appropriate for me to comment on specifics in this regard for security and operational reasons.

Paul Murphy (Dublin South West, RISE)
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349. To ask the Tánaiste and Minister for Justice and Equality if she is aware the director general of the Irish Prison Service declared in March 2020 that the 'murderers, sex offenders and gang-land criminals' would not receive temporary release; if this is contrary to legislation currently in force before the introduction of the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022, and such a declaration is contributing to overcrowding; and the action she intends to take to rectify this illegality. [24079/24]

Helen McEntee (Meath East, Fine Gael)
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I am informed that the comments to which the Deputy refers were in the context of the pandemic and the unique challenges Covid-19 posed to custodial institutions, including our prisons. Covid-19 in a prison presented a uniquely difficult challenge for prison management worldwide in terms of controlling the spread of the virus amongst staff and prisoners, and the provision of appropriate medical treatment to affected persons and the maintenance of staffing levels.

A significant amount of work was carried out by the Irish Prison Service to address this challenge, informed and guided by the advice received from the National Public Health Emergency Team (NPHET), and consistent with the prison specific guidance for the management of Covid-19 issued by the World Health Organisation (WHO) and the Council of Europe.

As the Deputy is aware, in March 2020, my predecessor approved a number of actions to assist the Irish Prison Service to reduce the numbers of prisoners in custody, including the temporary release of low-risk prisoners, in order to ensure effective infection control measure were possible.

In the first instance, the approach included granting temporary release to low risk prisoners who were serving sentences of less than 12 months for non-violent offences. Subsequently, prisoners assessed as low risk who had less than 6 months to serve were also granted temporary release from some prisons depending on the risks present.

I am informed that all prisoners granted temporary release were assessed by the Irish Prison Service on a case-by-case basis. The primary factor in considering any prisoner for early release at that time remained public safety and risk assessments included any convictions for domestic abuse, such as breach of barring orders which presented a significant risk during the pandemic. The outcome of this experience was exceptionally successful with the with one death attributed to Covid over the course of the pandemic.

I am sure the Deputy will appreciate that in the circumstances not all prisoners granted temporary release at the time would have made an application for temporary release and it would not be correct to compare infection control measures taken during the pandemic to the ordinary operation of our prisons on a daily basis.

Paul Murphy (Dublin South West, RISE)
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350. To ask the Tánaiste and Minister for Justice and Equality if she is aware that the director general of the Irish Prison Service, who administers the remission regime on behalf of the Minister, informed the then-Minister in May 2023 that those convicted of 'domestic, sexual or gender-based offences' would not receive remission; if she is in agreement with this; if this is contrary to legislation currently in force before the introduction of the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 and is contributing to overcrowding; and the action she intends to take to rectify this illegality [24080/24]

Helen McEntee (Meath East, Fine Gael)
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As the Deputy will be aware, those sentenced to a definite term of imprisonment generally qualify for one quarter remission, including those convicted of domestic, sexual or gender-based violence offences, on the basis of the criteria set out in Rule 59 of the Prison Rules 2007 and S.I. 385 of 2014.

In the current system, in certain cases of particularly good behaviour, prisoners may apply for enhanced remission, the current rate of which is up to 33% of a determinate sentence. There is no automatic entitlement to enhanced remission and the principles governing the awarding of it are also contained in the Prison Rules, as set out in the relevant Statutory Instruments.

In order for a prisoner to be granted enhanced remission, the Irish Prison Service must be satisfied that where a prisoner has shown further good conduct by engaging in authorised structured activity as a result, I am satisfied the prisoner is less likely to re-offend and will be better able to reintegrate into the community. All applications are assessed having regard to a range of criteria set out in the legislation.

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.