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Dáil

Written answer

Prison Service

Summary

Prisoners’ access to public-facing areas, staff facilities and work outside prison is governed by individual risk and suitability assessments, supervision and sentence-management reviews. Temporary release requires Operations Directorate approval and is decided case by case, with public safety paramount.

281. Deputy Claire Kerrane asked the Minister for Justice, Home Affairs and Migration to advise if there are protocols for prisoners during their time in prison for a crime (details supplied) regarding access to the public, being in public-facing environments and being in less secure areas with prison officers, such as staff canteens. [66065/26]

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Jim O'Callaghan Minister for Justice, Home Affairs and Migration Fianna Fáil

I am advised by the Irish Prison Service (IPS) that, as part of the initial committal process, every person committed to custody is referred to the Chief Officer responsible for Work and Training for an assessment of their suitability to engage in work, training and other constructive activities within the prison. This assessment takes account of all known risk and suitability information. Decisions are supported by the Governors Committal Interview, Incentivised Regimes Policy, the Approved Working Gratuity policy and Integrated Sentence Management Policy.

As people in custody progress through their sentences, their suitability to undertake roles involving greater responsibility is kept under review as part of their sentence management and preparation for reintegration into the community.

People in custody work in internal staff canteens in most closed prisons as part of their work and training. They may also work in selected staff areas, subject to security and risk assessment and appropriate sentence management. In these circumstances, the Governor must be satisfied that appropriate security, risk assessment and supervision arrangements are in place.

I am advised that where a work, training or rehabilitative activity requires a person to work outside the prison grounds, the Governor may recommend that the person be granted temporary release, subject to specific conditions. Each application is considered on its individual merits and must be approved by the Operations Directorate.

I am further advised that within the open-centre estate, members of the public may enter an open centre to avail of a service, such as the car-wash service and coffee shop at Loughan House. In these circumstances, the Governor must be satisfied that appropriate security, risk assessment and supervision arrangements are in place. People accommodated in open centres may also be approved for temporary release to avail of work and training opportunities in the community as part of their sentence-management plans.

Before a final determination is made, a number of factors are considered, including:

• the nature and gravity of the offence to which the sentence being served by the person relates

• the sentence concerned and any recommendation made by the Court in relation to the sentence imposed

• the person’s previous criminal record

• the potential threat to the safety and security of the public should the person be released

• the risk that the person might commit an offence during any period of temporary release

• the risk of the person failing to comply with any of the conditions of temporary release

• any report or recommendation made by the Governor, the Garda Síochána or the Probation Service.

The legislative basis for temporary release is set out in the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003. All applications for temporary release are assessed on a case-by-case basis, having regard to all relevant information available and public safety is paramount when these decisions are made.

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