Carol Nolan (Offaly, Independent)
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575. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No’s 320 of 14 November 2023 and 364 of 2 February 2023, whether the policy referred to has been finalised and published; and, if not, when it is expected to be completed and published. [51357/26]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The Irish Prison Service are continuing to work towards finalising a policy document for the management of prisoners who identify as transgender and have extended the project to consider the supports for gender diversity in the prison environment more broadly.

This work has included consultation with a wide spectrum of stakeholders, consideration of submissions received from interest groups, consultation with the Office of the Inspector of Prisons, and consideration of guidelines published by the Committee for Prevention of Torture, and Inhumane or Degrading Treatment & Punishment (CPT). The IPS are continuing to engage with other prison jurisdictions to gain learning and insight into their policies and experiences in order to inform the mapping of practical steps necessary to implement the policy before finalising the document.

As background for the Deputy, Prison Rules, 2007 (S.I. No. 252/2007) set out the minimum rules and regulations on all aspects of life in prisons in Ireland, including admission, accommodation, visiting rights, health, discipline, education, and so forth. Much of the daily operation of prisons is guided by the Prison Rules. The Prison Service is responsible for the safe and secure custody of all persons held in prison.

Where a court makes an order committing a person to a prison, the Irish Prison Service must accept that person into custody in whichever prison is specified by the court. While all prisoners committed are accommodated in accordance with their legal gender, it should be noted that Irish prisons are not legally defined as 'male' or 'female' prisons. However, Prison Rule 52 provides for male and female prisoners to be accommodated in separate areas. Given this, for operational reasons, some prisons are referred to as male or female prisons.

On arrival in prison, all prisoners are brought to the reception/committal unit of the prison, where there is an opportunity to provide details as part of the committal interview process.

As part of that process and in assessing the needs of a prisoner, the Prison Governor will consider the risks posed to the prisoner themselves and any level of risk to other prisoners. This risk assessment will determine the regime necessary to ensure the safety of all prisoners and may include the accommodation of the prisoner on a restricted regime under Rule 63 of the Prison Rules. The Governor may also make a recommendation on the appropriate placement within the prison system, taking into consideration good order, security and operational issues, protection issues, available accommodation and the healthcare needs of the prisoner, as well as the safety and security of other prisoners and staff.