S.I. No. 276/2017 - Prison (Amendment) Rules 2017.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th July, 2017.

I, CHARLES FLANAGAN, Minister for Justice and Equality, in exercise of the powers conferred on me by section 35 of the Prisons Act 2007 (No. 10 of 2007) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 138 of 2011 )), hereby make the following rules:

1. (1) These Rules may be cited as the Prison (Amendment) Rules 2017.

(2) The Principal Rules and these Rules may be cited together as the Prison Rules 2007 to 2017.

(3) These Rules shall come into operation on 3rd July, 2017.

2. In these Rules “Principal Rules” means the Prison Rules 2007 ( S.I. No. 252 of 2007 ) (as amended by the Prison Rules (Amendment) 2013 ( S.I. No. 11 of 2013 ), the Prison (Amendment) Rules 2014 ( S.I. No. 227 of 2014 ) and the Prison (Amendment) (No. 2) Rules 2014 ( S.I. No. 385 of 2014 )).

3. Rule 27 of the Principal Rules is amended—

(a) by the substitution of the following paragraphs for paragraph (1):

“(1) Subject to any restrictions imposed under and in accordance with Part 3 of the Prisons Act 2007 and Part 4 of these Rules, each prisoner shall be allowed to—

(a) subject to paragraph (1A), spend a minimum period of 2 hours out of his or her cell or room with an opportunity during that time for meaningful human contact, including, at the discretion of the Governor, contact with other prisoners, and

(b) subject to paragraph (a), spend as much time each day out of his or her cell or room as is practicable and, at the discretion of the Governor, to associate with other prisoners in the prison.

(1A) A period of time spent by a prisoner out of his or her cell or room engaging in any activity authorised by these Rules which provides an opportunity for meaningful human contact shall count towards the period referred to in paragraph (1)(a).”,

and

(b) by the insertion of the following paragraph after paragraph (3):

“(4) In this Rule, “meaningful human contact” means interaction between a prisoner and another person of sufficient proximity so as to allow both to communicate by way of conversation.”.

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GIVEN under my Official Seal,

29 June 2017.

CHARLES FLANAGAN,

Minister for Justice and Equality.