S.I. No. 30/1976 - Rules For The Government of Prisons, 1976.


S.I. No. 30 of 1976.

RULES FOR THE GOVERNMENT OF PRISONS, 1976.

I, PATRICK COONEY, Minister for Justice, in exercise of the powers conferred on me by sections 12 and 13 of the Prisons (Ireland) Act, 1877 (as adapted by the General Prisons Board (Transfer of Functions) Order, 1928 (S. R. & O., No. 79 of 1928)), hereby make the following Rules:

1. These Rules may be cited as the Rules for the Government of Prisons, 1976.

2. Notwithstanding anything in the Rules for the Government of Prisons, 1947 (S. R. & O., No. 320 of 1947), the Minister for Justice may, where he considers it necessary in the interests of the security of a prison or of the State and for reasons related to the particular person, direct that a person (including a prisoner's legal adviser)—

( a ) shall not be admitted to a specified prison,                        

    or

( b ) may be admitted to a specified prison only on such conditions or in such circumstances as the Minister may specify,

and any such direction shall be complied with by the Governor of the prison concerned.

3. The powers conferred by Rule 2 of these Rules shall not be so exercised as to prohibit or restrict visits from so many members of the legal profession as to deny to a prisoner a reasonable choice of legal adviser and legal advice given by such adviser in the sight but not in the hearing of a prison officer.

GIVEN under my Official Seal, this 5th day of February, 1976.

PATRICK COONEY,

Minister for Justice.

The Government hereby approve the foregoing Rules.

GIVEN under the Official Seal of the Government this 5th day of February, 1976.

LIAM MAC COSGAIR,

Taoiseach.

EXPLANATORY NOTE.

The Rules empower the Minister to direct the Governor of a Prison to exclude, for reasons of security, a person, including a prisoner's legal adviser, from the prison, or to admit a person only on such conditions or in such circumstances as the Minister may direct.