S.I. No. 252/2007 - Prison Rules, 2007

79. (1) The Governor, shall, as far as reasonably practicable, comply with any request for information that the Inspector of Prisons may make in the performance of his or her functions

• (2) The Governor may, subject to any restrictions imposed or directions given by the Minister, admit such persons as he or she may deem appropriate to the prison, for the purposes of allowing them to view the prison or prison property or observe the operation of the prison.

• (3) Where the Governor admits a person to the prison under this Rule he or she shall take special care to safeguard the privacy and preserve the human dignity of prisoners.

Special monitoring of prisoner

80. (1) Where it has been brought to the attention of the Governor that:

• (b) a specified prisoner is particularly vulnerable to injury or harm by another person or persons, or

• (c) a specified prisoner poses a significant risk to the security, good order and government of the prison,

the Governor shall consider the matter and may give a direction that the prisoner be monitored by not less than one prison officer until the Governor is satisfied that the possible risk no longer justifies such monitoring.

• (2) The Governor shall record -

• (a) any direction given under this Rule,

• (b) the period in respect of which the direction remains in force,

• (c) the grounds upon which the direction is given,

• (d) the decision made in relation to any revocation of the direction, and

• (e) the grounds upon which the direction is revoked.

Burial or cremation of deceased prisoner

81. (1) Where a prisoner dies in prison the Governor shall hand over, or cause to be handed over, the body of the deceased prisoner to the coroner having jurisdiction, should he or she so request.

• (2) Where the coroner having jurisdiction has indicated that he or she does not require the body of the deceased prisoner in order to carry out his or her duties, the Governor shall hand over, or cause to be handed over, the body of the deceased prisoner to

• (a) such person or persons as the Governor may have contacted under paragraph (1) of Rule 47 (Contact in case of emergency or death of prisoner), or

• (b) if such person or persons referred to in subparagraph (a) are unwilling or unable, within a reasonable period of time after the death of the prisoner concerned, to make arrangements for the burial or cremation of the deceased prisoner's remains, such other member of the deceased prisoner's family or known friend of the deceased who is willing to make such arrangements,

as soon as may be after the prisoner's death, or where the body of the deceased prisoner is required by the coroner having jurisdiction for the carrying out of a post mortem examination under the Act of 1962, as soon as may be after the carrying out of any such examination.

• (3) Where the Governor has, after making all reasonable efforts, been unable to contact any person under paragraph (2) within a reasonable time after the death of the prisoner concerned, or where all such persons as are contacted under paragraph (2) are unwilling or unable to arrange for the burial or cremation of the remains of the deceased, the Governor shall, after the carrying out of such post mortem examination (if any) under the Act of 1962 as may be required by the coroner havingjurisdiction, make arrangements for the burial or cremation, as may be appropriate, of the deceased's remains.

• (4) The Governor shall make and keep a record of the name, address and relationship to the deceased prisoner of any person to whom the body of the deceased was given under this Rule or particulars of any burial or cremation arranged by the Governor under this Rule, as the case may be.

• (5) A chaplain of the religious denomination to which the deceased prisoner belonged shall, if available, attend the burial or cremation of the deceased's remains where such burial or cremation has been arranged by the Governor under this Rule.

• (6) In this Rule “Act of 1962” means the Coroners Act 1962 (No.9 of 1962).

Power to search person and remove person from prison

82. (1) Where the Governor, upon reasonable grounds or in the interests of ensuring safe and secure custody and good government of the prison, believes that prison officers or other persons for the time being employed or engaged in the provision of a service in the prison (other than a prisoner) is, without the permission of the Governor, -

• (a) in possession of a prohibited article, or

• (b) attempting to take a prohibited article in or out of the prison,

• (c) attempting to take any item of official property out of the prison,

the Governor may carry out, or cause to be carried out, a search of that prison officer or other person pursuant to section 6(3) of the Criminal Law Act 1976 and this Rule.

• (2) The carrying out of a search under this Rule may consist of an examination of the person and clothing which may involve the removal of outer clothing only and any articles in the possession of the person and any such searches shall be carried out in accordance with such directions of the Governor as may for the time being be in force relating to the degrees of search required to maintain good order and safe and secure custody.

• (3) A search shall be carried out with due regard to decency, privacy and the dignity of the person being searched and at no stage shall a person be left in a state of complete undress.

• (4) A search under this Rule shall not be conducted in the presence or view of a prisoner and shall be conducted in the presence and view only of such and such number of prison officers (being prison officers who are of the same gender as the person) as are required to ensure the effective conduct of the search and the maintenance of good order and safe and secure custody.

• (5) The Governor may, where he considers it necessary or expedient for the maintenance of good order or safe or secure custody, request the attendance of one or more members of the Garda Síochána during the conduct of a search under this Rule and a member of the Garda Síochána (being of the same gender as the person who is being searched) may, pursuant to such a request, be in attendance during the conduct of such a search.

• (6) The Governor may search, or cause to be searched, any vehicle, parcel, box, container or other thing for the time being in the prison or within the boundaries of the prison property.

• (7) Where the Governor, upon reasonable grounds, believes that a prison officer or other person for the time being employed, or engaged in the provision of a service, in the prison (other than a prisoner) -

• (a) has caused or is likely to cause damage to any property in the prison, or

• (b) is likely to interfere with or destroy anything that may be required as evidence in proceedings for an offence,

• (c) is likely to attempt to suborn a witness in proceedings before a court (of a criminal or civil nature) whether the witness is a prisoner, a prison officer or other person for the time being employed or engaged in the provision of a service in the prison (other than a prisoner), or

• (d) is behaving, has behaved or is likely to behave in a manner that constitutes or would constitute a threat to the maintenance of good order or safe or secure custody in the prison,

the Governor may require that person to leave the prison, and if he or she refuses to comply with such a requirement, the Governor may use, or cause to be used, only such force as is reasonably necessary and proportionate to effect the person's removal from the prison.

• (9) The Governor may, for the purposes of effecting the removal of a person from the prison in accordance with this Rule, request the assistance of such number of members of the Garda Síochána as he or she considers appropriate.

Reporting to Minister

83. (1) The Governor shall inform the Minister in writing of any activity, occurrence or matter relating to the prison or its operation that he or she considers -

• (a) to be of particular importance, and

• (b) should be brought to the attention of the Minister.

• (2) The Governor may make any suggestion to the Minister for the improvement of the prison or its operation, or prisons generally or their operation, that he or she considers appropriate.

• (3) The Governor shall, upon receipt of a report or complaint made by a prison officer, forward the report or complaint together with any comments of the Governor thereon to the Minister, if the prison officer concerned informs the Governor that he or she wishes the report or complaint to be brought to the attention of the Minister.

• (4) If the prison doctor or a psychiatrist advises the Governor that he or she is of the opinion that -

• (a) the life of a prisoner will be endangered by continued imprisonment,

• (b) a prisoner is unlikely to live until the expiration of the period of his or her sentence,

• (c) a prisoner is unfit for the prison regime, or

• (d) the mental or physical state of any prisoner is being significantly impaired by his or her continued imprisonment,

the Governor shall so inform the Minister as soon as may be after being so advised.

• (5) The Governor shall make and keep a record of any activity, occurrence or matter relating to the prison or its operation in relation to which he or she has informed the Minister under paragraph (1) and of any direction given in relation thereto by the Minister under these Rules.

Annual report to Minister

84. The Governor shall, not later than the 31st day of March or such other date as may be specified by the Minister, in each year, prepare, and submit to the Director General, a report in relation to -

• (a) the performance by him or her of his or her functions, and

• (b) the operation of the prison,

during the year immediately preceding the year in which the report is so submitted, and such report shall be submitted to the Minister and shall contain information relating to such other matters as the Minister may direct.

PART 8 PRISON OFFICERS

Duties of prison officer

85. (1) In addition to the duties of a prison officer under these Rules, the duties of a prison officer shall be such as may be determined by the Minister.

• (2) A prison officer shall be fully conversant with and shall comply with these Rules, local orders for the time being in force, directions given under these Rules and all lawful instructions of the Governor.

• (3) A prison officer shall -

• (a) ensure the maintenance of good order and safe and secure custody,

• (b) comply with the Governor, and cooperate with other prison officers and persons employed or engaged in the provision of a service in the prison in a manner that will ensure that prisoners and other persons in the prison are treated in accordance with these Rules,

• (c) at all times conduct himself or herself and perform his or her functions in such a manner as to -

• (i) have a good influence on,

• (ii) be a good example to,

• (iii) respect the dignity and human rights of,

• (iv) contribute to the rehabilitation and reintegration into the community and general welfare of, and

• (v) maintain the respect of,

prisoners and in so doing, shall respect, in an appropriate manner, the privacy of prisoners of the opposite gender.

• (4) A prison officer shall, at all times (whether or not on duty) behave in an orderly and disciplined manner and shall not engage in conduct, or behave in a manner that would cause embarrassment to, or discredit the prison service.

• (5) A prison officer shall, while on duty, -

• (a) wear a uniform in such a manner and of such a type and description as is specified, unless the Governor otherwise directs, and

• (b) maintain a level of appearance and personal cleanliness consistent with the standards of a disciplined service.

• (6) A prison officer shall, while on duty, use equipment of such a type and description, and for such purposes, as the Minister may specify.

• (7) A prison officer or other person employed or engaged in the provision of services to prisoners or to the prison shall not take any key, locking or unlocking device of the prison outside the gate or leave them unattended or lend them to another prison officer on any pretext whatever, but shall when leaving the prison or coming off duty on any occasion deliver their keys, locking or unlocking devices to such prison officers as may be authorised to receive them.

• (8) A prison officer shall, as far as reasonably practicable, comply with any request for information that the Inspector of Prisons may make in the performance of his or her functions.

• (9) A prison officer shall cooperate with such persons or agencies as may be specified by the Governor for the purposes of paragraph (6) of Rule 75 (Duties of Governor).

Observation and direction of prisoners

86. (1) A prison officer shall, in relation to prisoners for the time being in his or her charge or being supervised by him or her -

• (a) ensure the maintenance of good order and safe and secure custody,

• (b) interact with each prisoner in a manner that supports his or her rehabilitation and general welfare, and

• (c) where he or she is of the opinion that a prisoner may be in need of medical, psychiatric or other assistance, or special care or closer observation, inform an officer of higher rank or the Governor forthwith (whether or not the prisoner concerned requests him or her to so do) after he or she forms such an opinion.

• (2)
• (a) A prison officer on being relieved from any particular duty, or transferred to some other duty, shall point out to the prison officer who relieves or succeeds him or her all matters of special importance connected with the duty, and explain to that prison officer any directions of the Governor, or other superior officer, affecting any particular prisoner.

• (b) On all occasions, the prison officer who receives charge of a party of prisoners shall count the number of prisoners therein, and repeat the number aloud to the prison officer from whom he or she receives

Examination of and report on buildings, structures and equipment

87. A prison officer shall -

• (a) forthwith report any defect or insufficiency in the state of a building, structure or equipment which could compromise security, good order and good government of the prison or health and safety; and

• (b) in particular, on taking up duty and as frequently as is reasonable thereafter, examine the state of any building, structure, or equipment of such area for which he or she has responsibility, and forthwith report any defect or insufficiency which could compromise good order, safe or secure custody or health and safety.

Communication with Governor or officer of higher rank

88. (1) A prison officer shall inform an officer of higher rank or the Governor of any matter relating to the prison or occurrence within the prison that he or she reasonably considers to be of sufficient importance to be brought to the attention of such an officer or the Governor.

• (2) A prison officer may make such suggestions as he or she considers appropriate, for the improvement of facilities in the prison or prisons generally, or improvements in relation to the running of the prison or prisons generally, to an officer of higher rank or to the Governor,

Communication with Minister

89. A prison officer wishing to complain to or bring any matter to the attention of the Minister shall communicate any such complaint or matter in writing to the Governor, who shall forward it, as soon as may be, to the Minister in accordance with paragraph (3) of Rule 83 (Reporting to Minister).

Request of prisoner to see Governor or officer of higher rank

90. Where a prisoner makes a request of a prison officer to be permitted, for whatever purpose, to meet with the Governor or a prison officer of a higher rank than the prison officer of whom the request is made, the prison officer shall, as soon as may be after receiving the request, inform the Governor or the higher ranking prison officer, as the case may be, thereof.

Reporting breach of prison discipline

91. A prison officer shall report any breach of prison discipline by a prisoner to the Governor or to a prison officer of a higher rank than himself or herself, as soon as may be after he or she becomes aware of the breach and shall do so in a manner as may be prescribed by the Director General from time to time.

Imposition of punishment or penalty

92. A prison officer shall not impose a punishment, penalty or privation of any kind upon a prisoner unless he or she is authorised to so do by or on behalf of the Governor and its imposition is in accordance with these Rules.

Use of force

93. (1) Where, for the purpose of maintaining or restoring good order or safe or secure custody, it is deemed necessary to use force in relation to a prisoner, such force only as is reasonably necessary and proportionate to achieve that purpose shall be used.

• (2) A prison officer shall not strike a prisoner unless compelled to do so to prevent injury to himself or other persons

• (3) Where force has been used on a prisoner, the Governor shall ensure, as soon as is reasonably practicable, that the prisoner concerned is examined by a healthcare professional, as appropriate.

• (4) Where a prison officer uses force in relation to a prisoner he or she shall, as soon as may be thereafter, inform the Governor thereof and report to him or her, in writing, the circumstances that gave rise to force having to be used and, also, the nature and degree of force used.

Sick leave and annual leave

94. (1) Where a prison officer is, by reason of illness or for any other reason, unable to attend to his or her duties he or she shall inform the Governor thereof or cause the Governor to be so informed in line with sick leave procedures for the time being in operation.

• (2) A prison officer may be granted annual leave at such times as the Governor may determine consistent with the need to maintain good order, safety and security.

Suspended officer

95. (1) A prison officer who has been notified that he or she is suspended from duty shall, immediately upon being so notified, give over to the Governor

• (a) any key or other device in his or her possession at the time of the notification that is used for locking or unlocking any lock or device located in the prison, and

• (b) any equipment, tool or other item that has been issued to him or her,

unless the Governor otherwise directs.

• (2) A prison officer who is suspended from duty shall

• (a) during the period of his or her suspension, attend at the prison or such place as the Governor may direct;

• (b) during the period of his or her suspension, comply with any directions or orders given to him or her by the Governor.

Notification of proceedings for a criminal offence or bankruptcy

96. Where -

• (a) a prison officer is charged with or convicted of a criminal offence,

• (b) a prison officer is adjudicated bankrupt, or

• (c) proceedings under the Bankruptcy Act 1988 (No. 27 of 1988) are brought in relation to a prison officer,

the prison officer concerned shall, forthwith, inform the Governor thereof who shall immediately upon being so informed inform the Minister thereof.

Contact by prison officers with former prisoners or connected persons

97. No officer shall inappropriately communicate or associate with any person whom he knows to be a former prisoner or a relative, friend or associate of a prisoner or a former prisoner.

PART 9 OFFICIAL ACCOMMODATION

98. (1) A Governor or a prison officer who resides in accommodation owned by the Minister shall not alter it structurally, let or sublet it or carry on any commercial operation from it.

• (2) A Governor or a prison officer to whom paragraph (1) applies shall vacate such accommodation if so required by the Minister.

• (3) If a Governor or a prison officer to whom paragraph (1) applies retires or resigns, is transferred, or is discharged or dismissed, he or she shall, thereupon, cease to be entitled to reside in such accommodation.

• (4) Where a Governor or a prison officer to whom paragraph (1) applies dies, retires, resigns, is transferred, is discharged or dismissed or otherwise vacates the accommodation, any person previously entitled to reside in such accommodation with that Governor or prison officer by virtue of his or her relationship to that Governor or prison officer shall vacate the quarters when required to so do by the Minister.

• (5) Accommodation to which this Rule applies shall be subject to such inspections as the Minister may direct.

PART 10 HEALTHCARE

Provision of healthcare services

99. (1) The Minister shall arrange for the provision in each prison of primary healthcare services.

• (2) The Minister shall appoint a person to carry on and manage, and control generally, the administration of the prison healthcare services who shall be known as and is referred to in these Rules as the “Director of Prison Healthcare Services” and any person so appointed shall be employed subject to such terms and conditions (including terms and conditions relating to remuneration and allowances) as the Minister may, after consultation with the Minister for Finance, determine

• (3) The Minister may engage such and such numbers of registered medical practitioners as he or she considers appropriate to perform the functions of prison doctors under these Rules.

• (4) The Minister may appoint such and such numbers of nurses as he or she considers appropriate to provide nursing care to prisoners and perform such other functions assigned to nurse officers under these Rules, and any person so appointed shall be employed subject to such terms and conditions (including terms and conditions relating to remuneration and allowances) as the Minister may, after consultation with the Minister for Finance, determine.

• (5) The Minister may arrange for the provision of dental, psychiatric and other healthcare services as he or she considers appropriate.

Performance of functions by healthcare professionals

100. (1) A healthcare professional shall, in the performance of his or her functions -

• (a) comply with these Rules and any local order for the time being in force,

• (b) in so far as is practicable, make arrangements for the continued provision of medical or healthcare of the type provided by the healthcare professional concerned to a prisoner upon his or her release from prison, where appropriate,

• (c) treat prisoners with the same dignity and respect as would be afforded to any patient who is not a prisoner,

• (d) subject to these Rules, deal with any information of a medical or healthcare nature relating to a prisoner in the same manner as that information would be dealt with if the information related to a person who is not a prisoner,

• (e) as far as possible involve the prisoner in making decisions in relation to his or her own healthcare, and encourage him or her to take a responsible attitude towards his or her health while in prison and upon his or her release from prison,

• (f) provide prisoners with such information as will enable them to make free and informed decisions regarding their own healthcare,

• (g) only administer treatment to a prisoner or conduct any tests on a prisoner with the consent of that prisoner except in the case of treatment or a test required by or under these Rules, any statute, or by order of a court.

• (h) where he or she becomes aware of an aspect of the prison environment or regime that he or she considers to be particularly detrimental to the physical or mental health of any prisoner or other person, draw it to the attention of the Governor as soon as may be after his or her becoming so aware,

• (i) consult with the Governor, as he or she considers appropriate, on matters relating to -

• (i) the general health of prisoners, and

• (ii) the more efficient operation of the prison insofar as matters of a medical, health or safety nature are concerned,

• (j) participate in the implementation of any plans to which paragraph (6) of Rule 75 (Duties of Governor) applies and cooperate with the Governor, prison officers, and any persons that the Governor may specify for the purposes of that Rule in relation to the implementation of any such plan, and

• (k) provide such reports as requested.

• (l) provide to the Governor such periodic reports as are necessary to satisfy the Governor as to the efficient and appropriate carrying out of the duties for which they are responsible, and

• (m) participate in and contribute to multi-disciplinary working in the prison for the effective delivery of services.

• (2) Nothing in this rule shall prevent a healthcare professional from providing a prisoner with treatment or medication, he or she believes is necessary to prevent loss of life or injury

Duties of prison doctor

101. (1) Subject to these Rules, the general duties of a prison doctor shall be such as may be determined by -

• (a) the Minister,

• (b) the Governor, in consultation with the Director of Prison Healthcare Services, in so far as hours of attendance and the day to day coordination of prison healthcare services are concerned,

• (c) the Director of Prison Healthcare Services in so far as the maintenance of professional and healthcare standards is concerned.

• (2) A prison doctor shall, in particular, be responsible for the provision of primary healthcare to prisoners.

• (3) Subject to directions that may be issued by the Director of Prison Healthcare Services, a prison doctor shall liaise with the Health Service Executive and other agencies, as he or she considers appropriate, to facilitate the provision of medical or other healthcare services to prisoners that are not normally provided within the prison healthcare system.

Information about prisoner requiring medical attention

102. (1) The Governor shall -

• (a) upon being informed that a prisoner requests or is in need of medical attention, or

• (b) upon forming the view that a prisoner -

• (i) requires medical attention, or

• (ii) requires, on medical grounds, special care, or to be kept under observation,

inform the prison doctor, nurse officer or other member of the prison healthcare staff thereof, and shall keep a record of the prisoner's name, the nature of the information received, the name of the person who has been informed and the time when this was done.

• (2) The prison doctor, nurse officer or other member of the prison healthcare staff shall, as soon as practicable, assess a prisoner in respect of whom information has been received under paragraph (1).

• (3) In the case of a medical emergency involving a prisoner, or where a prisoner is otherwise in need of urgent medical attention, a prison doctor, nurse officer or other member of the prisonhealthcare staff shall, immediately upon receiving information under paragraph (1), attend the prisoner and administer or arrange for the administration of medical care to him or her.

Recommendations of prison doctor

103. (1) Where a prison doctor believes there is a serious risk to the health of a prisoner and makes a recommendation in writing on medical grounds in relation to that prisoner to the Governor, the Governor shall, subject to paragraph (2), implement the recommendation as soon as may be thereafter.

• (2) Subject to any direction of the Director General under paragraph (4), the Governor may, for the purpose of maintaining good order and safe and secure custody or on other reasonable grounds, decide not to implement a recommendation under this Rule (other than a recommendation that a prisoner, who is suffering from, or suspected of suffering from, a contagious or infectious disease or condition that threatens the health or well being of others, be segregated in order to prevent the spread of the disease or condition) after -

• (a) discussing the matter with the prison doctor, and

• (b) taking account of the likely impact of not implementing the recommendation on the prisoner.

• (3) The Governor shall, as soon as may be after deciding not to implement a recommendation under this Rule, notify the Director General in writing of the prison doctor's recommendation, his or her decision not to implement the decision and the grounds for that decision, and any other issues or views that the Governor considers relevant to the matter.

• (4) Upon receiving a notification under paragraph (3), the Director General may, after considering -

• (a) the recommendation concerned,

• (b) the decision not to implement the recommendation,

• (c) the reasons for that decision, and

• (d) any other issues or views set out in the notification,

by direction in writing direct the Governor to implement the recommendation concerned either with or without modifications or affirm the refusal of the Governor to implement the recommendation. The Governor shall notify the prison doctor of the Director General's direction.

Information to Governor on detrimental effects of aspects of prison environment

104. A prison doctor shall draw the attention of the Governor to any particular aspect of the prison environment or regime which the prison doctor reasonably considers particularly detrimental to the physical or mental health of any individual prisoner or group of prisoners, any prison officer, or other person working in the prison, or visitors to the prison, as soon as may be after he or she becomes aware of the matter.

Information to Governor on state of health of prisoner

105. A prison doctor shall, after consulting with such other healthcare professionals as he or she considers appropriate, inform the Governor in writing if he or she is of the opinion that -

• (a) the life of a prisoner will be endangered by continued imprisonment,

• (b) a prisoner is unlikely to live until the expiration of the period of his or her sentence,

• (c) a prisoner is unfit for continued imprisonment or for that particular prison's regime,

• (d) the mental or physical state of any prisoner is being significantly impaired by his or her continued imprisonment, or

• (e) a prisoner is unfit to travel outside the prison, including attendance at any court,

and shall make a record in writing of the prisoner's name, the information given to the Governor under this Rule and the time on which he or she so informed the Governor.

Outside medical assistance

106. (1) A prison doctor may, with the consent of the Governor, request the assistance of a registered medical practitioner or other healthcare professional, from outside the prison, in the treatment of a prisoner, where the prison doctor or any person to whom Rule 99 (Provision of healthcare services) applies is not able to provide the necessary medical treatment.

• (2) The Governor shall not withhold his or her consent under paragraph (1) unless the withholding of such consent is reasonably necessary to maintain good order or safe or secure custody in the prison.

Records and annual report

107. (1) A prison doctor shall create and maintain such individual medical records in respect of prisoners as the Director of Prison Healthcare Services shall direct.

• (2) A prison doctor shall, where -

• (a) he or she conducts an examination of the body of a person who has died in prison, or

• (b) has administered medical treatment to a prisoner who has died from the condition being treated or during the course of medical treatment,

create and maintain a record of the prisoner's name, the cause of death (if known), the treatment (if any) administered to the prisoner before his or her death, the time at which he or she died or is believed to have died and the names of the persons (if any) present when the prisoner died (if known).

• (3) A prison doctor shall not later than the 31st day of March, or such later date as may be specified by the Minister, in each year, prepare and submit both to the Director of Prison Healthcare Services and to the Governor of the prison, a report in relation to -

• (a) the performance by him or her of his or her functions, and

• (b) the operation of the prison healthcare services in the prison to which he or she has been appointed,

during the year immediately preceding the year in which the report is so submitted, and such report shall contain such other information relating to the prison healthcare services or the prison environment or regime as he or she considers appropriate or the Minister may direct.

PART 11 PROBATION SERVICE

Probation Service

108. (1) The Director of the Probation Service may assign officers of the Probation Service to provide probation services to prisoners.

• (2) An officer of the Probation Service assigned to work in a prison shall be subject to these Rules and any local order for the time being in force.

• (3) An officer of the Probation Service assigned to work in a prison to provide probation services to prisoners may be required by the Minister to no longer work in prison for stated reasons.

Performance of functions by Probation and Welfare Officer

109. (1) A Probation and Welfare Officer assigned under Rule 108 (Probation Service) shall, in the performance of his or her functions -

• (a) focus on offending behaviour and address issues arising from imprisonment and issues which are likely to confront prisoners on their release; and

• (b) participate in and contribute to multi-disciplinary working in the prison for the effective delivery of services.

• (2) In particular, a Probation and Welfare Officer assigned under Rule 108 (Probation Service) shall, in the performance of his or her functions -

• (a) advise and assist a prisoner or prisoners in coping with their imprisonment, in maintaining, as appropriate, their family and community ties and in preparing for life after release from prison;

• (b) advise and assist a prisoner or prisoners in developing effective ways of managing their behaviour, lifestyle and personal affairs, through individual and group programmes and interventions, to reduce the risk of offending and to assist re-settlement within the community;

• (c) work with a prisoner or prisoners and with prisoners' families and other social supports, including community based Probation and Welfare Officers and other statutory, community and voluntary services, to reduce the risk of offending and to assist re-settlement within the community;

• (d) cooperate with the Governor, prison officers and persons employed or engaged in the provision of services to prisoners and in the preparation and implementation of sentence management plans to which paragraph (6) of Rule 75 (Duties of Governor) applies,

• (e) contribute to the provision of individual and group work programmes and interventions for prisoners designed to address particular offending related behaviours, or problems associated with such behaviours, and to help prepare prisoners for release;

• (f) endeavour to co-ordinate and assist community based bodies in the provision of services to prisoners, their families and communities, aimed at reducing offending and assisting prisoners' resettlement within the community;

• (g) provide reports, and advice, as appropriate, to inform planning and decision making for the management of prisoners and their re-settlement within the community.

• (3) Subject to the maintenance of good order and safe and secure custody, each prisoner shall, in so far as is practicable, be entitled to avail of the probation and welfare services provided in the prison.

PART 12 EDUCATION

Education and library services

110. (1) In so far as is practicable, a broad and flexible programme of education shall be provided in each prison to meet the needs of prisoners, through helping them -

• (a) cope with their imprisonment,

• (b) achieve personal development,

• (c) prepare for life after their release from prison, and

• (d) establish the appetite and capacity for lifelong learning.

• (2) In particular, the programme referred to in paragraph (1) shall:

• (a) encourage prisoners to participate in educational activities organised in the prison,

• (b) give special attention to prisoners with basic educational needs, including literacy and numeracy needs.

• (3) Subject to the maintenance of good order and safe and secure custody, each prisoner shall, in so far as is practicable, be permitted to participate in education as provided in the prison.

• (4) The Governor, prison officers and all persons employed or engaged in the provision of services to prisoners shall actively encourage and facilitate participation in education as provided in the prison.

• (5) The programme referred to in paragraph (1) may be provided in partnership with community based education bodies.

• (6) In so far as is practicable, a library and information centre shall be provided in each prison, providing regular access to a wide range of informational, educational and recreational resources catering for the needs and interests of all prisoners.

• (7) Subject to the maintenance of good order and safe and secure custody, each prisoner shall be entitled to avail of the library service provided in the prison at least once a week and be actively encouraged to make full use of it.

• (8) A person providing educational or library services at a prison shall in the performance of his or her functions -

• (a) comply with these Rules and any local order for the time being in force,

• (b) treat prisoners with the same dignity and respect as would be afforded to any person availing of his or her services who is not a prisoner,

• (c) cooperate with the Governor, prison officers and other persons employed or engaged in the provision of services to prisoners, and in the preparation and implementation of sentence management plans to which paragraph (6) of Rule 75 (Duties of Governor) applies, and

• (d) develop and maintain links with appropriate community based services to facilitate, in so far as is practicable, post-release access to educational services.

• (e) participate in and contribute to multi-disciplinary working in the prison for the effective delivery of services.

• (9) A person working in the prison to provide an education or library service for prisoners may be required by the Minister to no longer work in the prison for stated reasons.

PART 13 VOCATIONAL TRAINING

Provision of vocational training

111. (1) A broadly based programme of vocational and pre-vocational training shall, as far as is practicable, be provided in each prison designed to help prisoners to -

• (a) occupy their time while in prison,

• (b) achieve personal development,

• (c) prepare for life after their release from prison,

• (d) develop their vocational skills and talents, and

• (e) improve their prospects of employment after their release from prison.

• (2) Subject to the maintenance of good order and safe and secure custody, each prisoner shall, in so far as is practicable, be permitted to participate in vocational or pre-vocational training as provided in the prison and the Governor, prison officers and all persons employed or engaged in the provision of services to prisoners shall actively encourage and facilitate such participation.

• (3) A person providing vocational or pre-vocational services at a prison shall in the performance of his or her functions -

• (a) comply with these Rules and any local order for the time being in force,

• (b) treat prisoners with the same dignity and respect as would be afforded to any person availing of his or her services who is not a prisoner,

• (c) cooperate with the Governor, prison officers and other persons employed or engaged in the provision of services to prisoners, and in the preparation and implementation of sentence management plans to which paragraph (6) of Rule 75 (Duties of Governor) applies, and

• (d) develop and maintain links with appropriate community based services to facilitate, in so far as is practicable, access to work and training placements in the community and post-release work and training opportunities.

• (e) participate in and contribute to multi-disciplinary working in the prison for the effective delivery of services.

• (4) A person working in the prison to provide vocational or pre-vocational training for prisoners may be required by the Minister to no longer work in the prison for stated reasons.

PART 14 PSYCHOLOGY SERVICE

Provision of psychology service

112. In so far as is practicable the Minister shall make arrangements for the provision of such psychological services as he or she considers appropriate to provide for the psychological needs of prisoners.

Performance of functions by psychologist

113. (1) A person providing psychological services at a prison shall in the performance of his or her functions -

• (a) provide a psychology service that is in accordance with the Code of Professional Ethics of the Psychological Society of Ireland,

• (b) comply with these Rules and any local order for the time being in force,

• (c) treat prisoners with the same dignity and respect as would be afforded to any person availing of his or her services who is not a prisoner,

• (d) provide a psychology service to a prisoner or prisoners to address their mental health needs, to assist in their personal development and to encourage them to take responsibility for their lives, including their offending behaviour,

• (e) cooperate with the Governor, prison officers and other persons employed or engaged in the provision of services to prisoners and in the preparation and implementation of sentence management plans to which paragraph (6) of Rule 75 (Duties of Governor) applies,

• (f) participate in the development, implementation and maintenance of programmes for prisoners, in partnership with the Governor, prison officers, and other persons employed or engaged in the provision of services to prisoners, aimed at addressing those needs of prisoners that put them at risk of re-offending,

• (g) contribute to the development of policy and regimes within prisons and, when requested by the Governor, to the management of specific operational matters,

( h) develop and maintain links with appropriate community based services to facilitate, as far as possible, post-release access to follow-up therapeutic services for prisoners, and

• (i) as he or she considers appropriate, bring to the attention of the Governor any matter relating to the psychological well-being of a prisoner or prisoners, or the provision of psychological services.

• (j) participate in and contribute to multi-disciplinary working in the prison for the effective delivery of services.

• (2) Where a psychologist makes a recommendation in writing to the Governor to address any matter having, or likely to have, significant impact on -

• (a) the psychological well-being of a prisoner or prisoners, or

• (b) the provision of psychological services in the prison,

the Governor shall, subject to he or she considering that such a recommendation is reasonably necessary and consistent with the requirement to maintain good order and safe and secure custody, implement the recommendation.

• (3) Where the Governor decides not to implement such a recommendation, he or she shall so inform the psychologist as soon as may be and notify the Director General of the psychologist's recommendation, his or her decision not to implement the recommendation and the grounds for that decision and any other relevant observations.

PART 15 CHAPLAINS

Duties of chaplain

114. (1) A chaplain shall,

• (a) visit prisoners who are recorded as belonging to his or her religious denomination and who are willing to be visited or who request a visit,

• (b) minister to prisoners of his or her religious denomination,

• (c) conduct religious services for prisoners of his or her religious denomination at such times as may be arranged, and

• (d) subject to Rule 117 (Time and place of chaplain visits), visit any prisoner who is under restraint or confined to a cell unless the prisoner is unwilling to receive such a visit.

Provision of chaplaincy services

115. A chaplain shall, in providing chaplaincy services -

• (a) comply with these Rules and any local order for the time being in force,

• (b) treat prisoners with the same dignity and respect as would be afforded to any person availing of his or her services who is not a prisoner,

• (c) encourage prisoners to talk with him or her,

• (d) as he or she considers appropriate, bring to the attention of the Governor any matter relating to the well-being of a prisoner or prisoners, or the provision of chaplaincy services

• (e) cooperate with the Governor, prison officers and other persons employed or engaged in the provision of services to prisoners and in the preparation and implementation of sentence management plans to which paragraph (6) of Rule 75 (Duties of Governor) applies, and

• (f) develop and maintain links with appropriate community based groups or persons who visit prisoners for spiritual or pastoral purposes.

• (g) participate in and contribute to multi-disciplinary working in the prison for the effective delivery of services.

Information to chaplain

116. The Governor shall, upon,

• (a) being informed by or on behalf of any prisoner that the prisoner wishes to meet with a chaplain, or

• (b) forming the view that the prisoner may require the services of a chaplain,

inform the chaplain concerned.

Time and place of chaplain visits

117.(1) Subject to any local order for the time being in force, and to any issues of security or health and safety, a chaplain shall be entitled to visit a prisoner at any time and in any part of the prison.

• (2) A visit under paragraph (1) shall take place out of hearing of prison staff, unless the chaplain or prisoner requests otherwise.

Information to Governor

118. A chaplain shall inform the Governor in writing if he or she is of the opinion that the spiritual, moral, mental, emotional or physical state of any prisoner is being significantly impaired by his or her continued imprisonment, and shall make and keep a record of the prisoner's name, the information given to the Governor under this Rule and the date on which he or she so informed the Governor.

Annual report

119. (1) Each chaplain shall, not later than the 31st day of March, or such later date as may be specified by the Minister, in each year, prepare and submit to the Director General and to theGovernor, a report on matters relevant to the provision of chaplaincy services in the prison during the year immediately preceding the year in which the report is to be submitted.

• (2) Where a report under paragraph (1) is prepared and submitted by a chaplain of a religious denomination, all chaplains of that denomination in the prison concerned shall be deemed to have complied with the requirements of paragraph (1).

PART 17 REVOCATIONS, SAVERS AND TRANSITIONAL PROVISIONS

Revocations

120. (1) The rules specified in Part A of Schedule 2 are hereby revoked.

• (2) The regulations specified in Part B of Schedule 2 are hereby revoked to the extent specified.

Savers

121. (1) A prisoner who before the commencement of these Rules is entitled to a period of remission under rule 38 of the Rules of 1947 shall, after such commencement continue to be so entitled, and for the purposes of calculating any further periods of remission in respect of that part of his or her sentence that remains unexpired after the said commencement the provisions of Rule 59 (Remission) shall apply.

• (2) These Rules shall not operate to affect any penalty imposed on a prisoner under rule 38 of the Rules of 1947 before the commencement of these Rules.

• (3) Any punishment imposed as a penalty before the commencement of these Rules shall continue to apply.

Transitional provisions

122. (1) Any appeal against any decision made by the Governor under the Rules of 1947 shall be dealt with under the provisions of those Rules.

• (2) A local order made under paragraph (2) of Rule 116 of the Rules of 1947 that was in force immediately before the commencement of these Rules shall continue in force in accordance with its terms, as if made under Rule 78 (Local orders), and may be amended or revoked accordingly.

• (3) The “Rules of 1947” means the Rules for the Government of Prisons 1947 (SR&O No.320 of 1947).

SCHEDULE 1 BREACHES OF PRISON DISCIPLINE

A prisoner shall be guilty of a breach of prison discipline if he or she -

• (1) disobeys or fails to comply with any lawful order of the Governor or of any prison officer,

• (2) contravenes or fails to comply with any provision of these Rules or any local order,

• (3) treats with disrespect, through the use of any abusive, insolent, racist or threatening behaviour or language, the Governor, any prison officer, any prisoner, any visitor to the prison or any other person,

• (4) without lawful authority -

• (a) prepares, manufactures,

• (b) consumes, inhales, or administers to himself or herself or any other prisoner,

• (c) consents to the administration to himself or herself of, or

• (d) has in his or her possession or buys, sells or supplies,

any intoxicating liquor or substance, controlled drug or medicinal product,

• (5) is intoxicated as a consequence of knowingly consuming any intoxicating liquor or substance, controlled drug or medicinal product,

• (6) pierces himself or herself or another prisoner with a needle or other implement, or consents to another prisoner piercing him or her with a needle or other implement, whether for the purpose of tattooing or otherwise,

• (7) intentionally or recklessly endangers the health or personal safety of any person or persons,

• (8) assaults any person,

• (9) engages in any form of bullying or harassment,

• (10) intentionally obstructs a prison officer in the execution of his or her duty or any other person going about his or her authorised duties,

• (11) attempts, by use of any inducement or threat, to influence any prison officer, any prisoner, or other person in the performance of his or her duties in a prison,

• (12) makes false allegations against the Governor, any prison officer, any prisoner, any visitor to the prison or any other person,

• (13) gives false evidence to, frustrates or fails to cooperate with an investigation or inquiry under Section 12 of the Prisons Act, 2007 (Inquiry into alleged breach of prison discipline) or Section 15 of the Prisons Act, 2007 (Appeal against forfeiture of remission of portion of sentence)

• (14) fails to comply with a direction of a prison officer in relation to the conduct of a search under paragraph (3) of Rule 6 (Searching), including failure to open his or her mouth for the purpose of enabling a visual examination to be carried out,

• (15) absents himself or herself from any place where he or she is required to be, or is present at any place where he or she is not authorised to be,

• (16) intentionally or recklessly sets fire to any part of a prison or any other property, whether or not that property belongs to him or her,

• (17) damages or disfigures any part of the prison, prison property, or the property of any other person,

• (18) fails to comply with a requirement to work or intentionally fails to work properly or to engage properly in authorised structured activity,

• (19) has in his or her cell or room or has in his or her possession any prohibited article,

• (20) has in his or her possession an article in a part of the prison where he or she is not permitted to be in such possession,

• (21) sells or supplies to or receives from any person any prohibited article,

• (22) sells or supplies to any person any article which he or she is allowed to have only for his or her own use,

• (23) has in his or her possession a greater quantity of any article than he or she is authorised to have,

• (24) refuses to undergo an examination or refuses or fails to provide a sample when requested to do so, under paragraph (5) of Rule 26 (Tobacco, intoxicating liquor and drugs), for the purpose of detecting the presence or recent use of intoxicating liquor, a controlled drug or any medicinal product (other than a controlled drug or medicinal product for which a prescription has been issued by a prison doctor, registered dentist, psychiatrist or other healthcare professional) or other illicit substance,

• (25) takes any article belonging to another person without the consent of that person,

• (26) detains any person against his or her will,

• (27) mutinies or commits any act of collective indiscipline,

• (28) escapes, or absconds from prison or lawful custody, or aids or abets another prisoner to escape or abscond therefrom, or has in his or her possession any article, or information, intended for use in an escape or absconsion,

• (29) attempts to commit, incites another prisoner to commit, or assists another prisoner to commit or attempt to commit any of the foregoing breaches of prison discipline,

• (30) is indecent in language, act or gesture,

• (31) displays, attaches, or draws on any part of a prison, or on any other property, threatening, abusive or insulting racist words, drawings, symbols or other material,

• (32) in any other way offends against good order and discipline.

SCHEDULE 2 REVOCATIONS

PART A

Rules for the Government of Prisons, 1947 (S.I. No.320 of 1947)

Regulations as to the Measuring and Photographing of Prisoners, 1955 (S.I. No.114 of 1955)

Rules for the Government of Prisons, 1955 (S.I. No. 127 of 1955)

Rules for the Government of Prisons, 1976 (S.I. No.30 of 1976)

Rules for the Government of Prisons, 1983 (S.I. No. 135 of 1983)

Rules for the Government of Prisons, 1987 (S.I. No.90 of 1987)

PART B

Regulation 4, 5, 6, 7, 8 and 10 of the Saint Patrick's Institution Regulations, 1960 (S. I. No.224 of 1960)

	GIVEN under my Official Seal
	29^th May 2007
	MICHAEL MCDOWELL Minister for Justice, Equality and Law Reform.