I propose to take Questions Nos. 455 and 456 together.
I can advise the Deputy that the Irish Prison Service (IPS) has confirmed that statistics available regarding prisoners on a restricted regime are collated by the IPS Statistics Unit and published on a quarterly basis on its website (www.irishprisons.ie). This information can be found in the Information Centre under Statistics & Information, Census Reports.
There are a number of reasons for the restriction of a person’s regime while in custody. This includes for safety or protection reasons, on the grounds of order and to protect the prison population from the spread of infection.
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 276 of 2017, which amended Rule 27 of the Prison Rules, 2007 and which provides for prisoners to be allowed to spend a minimum period of 2 hours out of their cells daily. This Statutory Instrument is implemented through the IPS's Policy on the Elimination of Solitary Confinement, which is publicly available on their website.
The IPS have advised that, while there are a number of reasons why a person may be on a restricted regime, this is not to say that in all instances where a person is on a restricted regime that they will be held in solitary confinement for 22 or more hours a day. The Prison Rules 2007 also provide that the imposition of a restricted regime is closely monitored by the IPS and the status of each prisoner on restricted regime within the prison system is regularly reviewed.
On occasion, it is necessary for prisoners to be separated from the general prison population. Under Rule 62 of the Prison Rules 2007, a Governor may decide, for the maintenance of good order in the prison, to remove a prisoner from general association or structured activity. The detention of a prisoner 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 requesting an extension of the prisoner’s detention under the Rule. The report to the Director General contains an explanation from the Governor regarding the need for the continued removal of the prisoner from structured activity. This report also contains the views of the prisoner and details of the prisoner’s daily regime, including a record that the prisoner has been offered a minimum of 2 hours out of cell time.
Rule 63 of the Prison Rules 2007 provides that a prisoner may, either at their own request, or when the Governor considers it necessary, in so far as is practicable and subject to the maintenance of good order and safe and secure custody, be kept separate from other prisoners who are reasonably likely to cause significant harm to them.
The number of prisoners on Rule 63 fluctuates daily and the length of time spent on Rule 63 also varies as the level of threat and perceived threat changes. Prisoners on Rule 63 may be permitted to mix with other prisoners on Rule 63 in different risk groups and, therefore, are not considered to be in ‘solitary confinement’. The Governor may also seek to place a prisoner on Rule 63 if information from An Garda Síochána, or other intelligence sources, indicate concerns about safety.
Further to this, a smaller number of prisoners may have their regimes restricted for medical (Rule 64) or for disciplinary reasons (Rule 67). Prisoners placed on a restricted regime for medical reasons are reviewed every 24 hours by the medical team and the Governor.