Dáil Éireann Debate, Tuesday - 28 May 2024
355. Deputy Paul Murphy asked the Minister for Justice if a governor of a prison is obliged to accept prisoners over the number certified by Rule 18 certificate or over the number taking into account the European Prison Rules; and if the governor accepts prisoners over the numbers stated, if the governor is personally liable for a litigation claim as a result of overcrowding in that prison. [24085/24]
View answer356. Deputy Paul Murphy asked the Minister for Justice if a governor of a prison accepts prisoners over the number recommended by European Prison Rules in respect of accommodation in that prison, whether certified by a current Rule 18 certificate or not, the governor is personally liable for a litigation claim as a result of overcrowding in that prison. [24086/24]
View answerI propose to take Questions Nos. 355 and 356 together.
I can inform the Deputy that the Irish Prison Service is obliged to comply with any order from a Court committing a person to custody, whether on a remand warrant or on a warrant of execution for a sentence. As such, no Prison Governor has an option to refuse a committal and must accept all people committed by the courts. I am advised that the question of a Governor being held personally liable for complying with an order of the Court does not arise.
Each prison’s operational bed capacity is certified individually and notified to Governors in accordance with Rule 18 of the Prison Rules 2007. Any permanent or long-term changes to operational bed capacity are notified to the Governor with a Revised Rule 18 Certificate.
I can also advise the deputy that detailed daily and monthly population and capacity figures are available on the Irish Prison's website. www.irishprisons.ie/information-centre/statistics-information/statistics-introduction/
