09/05/1924:

PUBLIC SAFETY (POWERS OF ARREST AND DETENTION) TEMPORARY ACT, 1924.

PUBLIC SAFETY (POWERS OF ARREST AND DETENTION) TEMPORARY ACT, 1924.

REGULATIONS MADE BY THE MINISTER FOR HOME AFFAIRS UNDER THE POWERS CONFERRED BY SECTION 7 of THE PUBLIC SAFETY (POWERS OF ARREST AND DETENTION) TEMPORARY ACT, 1924 .

In exercise of the powers conferred by Section 7 of the Public Safety (Powers of Arrest and Detention) Temporary Act, 1924 , I, Caoimhghin O h-Uigin, Minister for Home Affairs, being an Executive Minister, do hereby make the following Regulations:--

1. These Regulations may be cited as the Public Safety (Detention in Civil Prisons) Regulations, 1924.

2. Persons detained in custody under the Public Safety (Powers of Arrest and Detention) Temporary Act, 1924 , may be detained in any of the following prisons under the control of the General Prisons Board, viz.:--

Mountjoy Prison, Dublin.

Dundalk Prison, Dundalk.

Waterford Prison, Waterford.

Cork Prison, Western Road, Cork.

Limerick Prison, Limerick.

Galway Prison, Galway.

Sligo Prison, Sligo.

Portlaoighise Prison, Portlaoighise.

The following regulations shall apply to persons (hereinafter referred to as interned persons) so detained in any of the above-mentioned prisons.

3. Interned persons shall be subject to any general prison rules except so far as they are inconsistent with these regulations.

4. An interned person shall not be required to take a bath on reception, if, on the application of the interned person, the governor decides that it is unnecessary, or the medical officer states that it is for medical reasons inadvisable.

5. Interned persons shall be kept apart from convicted prisoners, and while attending chapel and at other times shall, if possible, be placed so that they may not be in view of the convicted prisoners.

6. The General Prisons Board shall, on the application of any interned person, if, having regard to his ordinary habits, it thinks special provision should be made in his case, permit him--

(1) To occupy, on payment of a small sum fixed by the Board, a suitable room or cell specially fitted for such persons, and furnished with suitable bedding and other articles in addition to or different from those furnished for ordinary cells;

(2) To take exercise separately or with selected interned persons, if the arrangements and construction of the prison permit it;

(3) To have at his own cost the use of private furniture and utensils suitable to his ordinary habits, to be approved by the governor;

(4) To have, on payment of a small sum fixed by the Board, the assistance of some person to be appointed by the governor, relieving him from the performance of any unaccustomed tasks or offices.

7. The General Prisons Board may permit the governor to modify the routine of the prison in regard to any interned person so far as to dispense with any practice which, in the opinion of the governor, is clearly unnecessary in the case of that particular prisoner.

8. Any money in the hands of the governor belonging to any interned person may be applied to the purpose of making special provision for him in cases where the interned person is, by these rules, required to make any payment in respect of such special provision.

9. The Governor shall, on the application of any interned person, permit him to have any books, papers, documents, or other articles in his possession at the time of his arrest, which may not be required for evidence against him, and are not reasonably suspected of forming part of property improperly acquired by him, or are not for some special reason required to be taken from him for the purposes of justice or of prison discipline.

10. An interned person may procure for himself, or receive at proper hours, food, clothing, bedding or other necessaries, subject to examination and to such rules as may be approved by the Board; and any articles so procured may be paid for out of the money belonging to the interned person in the hands of the governor. If the interned person does not provide himself with food, he shall receive the allowance of food allotted to prisoners awaiting trial by the rules of the prison.

11. An interned person, may, if he desires it, wear the prison dress, and he shall be required to do so if his own clothes are insufficient or unfit for use, or necessary to be preserved for the purpose of justice. The prison dress for interned persons shall be that prescribed for prisoners awaiting trial.

12. When an interned person is allowed by the rules to wear his own clothing in prison, the medical officer may, for the purpose of preventing the introduction or spread of infectious disease, order that the clothing be disinfected; and thereupon the clothing shall be disinfected as speedily as possible, and during the progress of disinfection the interned person may be required to wear the prison clothing.

13. (1) An interned person may, if such a course is considered necessary and practicable by the governor, be permitted to provide his own food for any meal, provided notice thereof is given beforehand at the time required; but the governor shall not permit any interned person to receive any prison allowance of food for the meal for which he procures or receives food at his own expense.

(2) Articles of food shall be received by an interned person only at such hours as may be laid down from time to time. They shall be subjected to such inspection and restrictions as shall be considered necessary for the time being.

(3) An interned person shall not be permitted to receive or purchase any intoxicating liquor except on the advice of the Medical Officer.

14. An interned person shall not be permitted to smoke except where there are special facilities therefor in isolation from other prisoners, and at such times, and in such circumstances as may be determined by the governor.

15. An interned person shall not sell or transfer any article whatsoever allowed to be introduced for his use to any other person; and any interned person transgressing this rule shall be prohibited from procuring any such article for such period as the Board deem proper.

16. An interned person shall not be compelled either to have his hair cut or (if he usually wears his beard, &c.) to shave, except on account of vermin or dirt, or when the Medical Officer deems it necessary on the ground of health and cleanliness, and the hair of such interned person shall not be cut closer than may be necessary for the purpose of health and cleanliness, regard however, being had to the circumstance that interned persons while in prison shall not change their external aspect so as to impede identification.

17. The beds of interned persons shall be made, and the rooms and yard in their occupation shall be swept and cleaned every morning. The furniture and utensils appropriated to their use shall be kept clean and neatly arranged. Each interned person shall be responsible for the cleanliness and tidiness of his cell, furniture and utensils.

18. If an interned person who is out of health desires the attendance of his usual medical attendant, the General Prisons Board shall, if it is satisfied that the application is bona fide permit him to be visited by that medical attendant at his own expense, and to be supplied with medicine by him, proper precautions being in all cases observed to prevent abuse of these privileges.

19. An interned person shall be permitted to have supplied to him at his own expense, such books, newspapers, or other means of occupation, other than those furnished by the prison, as are not, in the opinion of the General Prisons Board, or pending its approval, in the opinion of the governor, of an objectionable kind.

20. An interned person shall have the option of employment, but shall not be compelled to perform any labour.

21. Such an allowance on account of his earnings, if any, shall be paid to the interned person on his release as the General Prisons Board thinks reasonable.

22. So far as prison arrangements admit, facilities shall be given to interned persons to work and follow their trades and employments, and all earnings of any interned person, after payment thereout of such sum as the General Prisons Board may determine on account of the cost of his maintenance in the prison, or on account of the use of implements lent to him, shall belong to him.

23. The governor shall permit the light to remain burning in the cell of any interned person to enable the interned person to continue to read or write, or to work and follow his trade, until the final locking-up of the prison, provided any reasonable or satisfactory ground exists for the allowance of such privilege. The governor shall report to the Board for approval all cases in which he grants this privilege.

24. (1) Due provision shall be made for the admission, at proper times and under proper restrictions, of persons with whom interned persons desire to communicate.

(2) Every interned person shall be permitted to be visited by one person or (if circumstances permit) by two persons at the same time, for a quarter of an hour on any week day, during such hours as may be appointed. Provided always that the Minister for Home Affairs for the time being, may suspend and withdraw the permission hereby granted in any case when he considers it necessary so to do for the purposes of the security, good order, and government of the prison and prisoners therein, or for the purposes of preventing any tampering with evidence, or any plans for escape, or other like considerations.

(3) The General Prisons Board may, in any special case, for special reasons, prolong the period of the visit allowed to any interned person, or allow him to be visited by more than two persons at the same time.

25. Whenever an Executive Minister shall require as a condition of the release of an interned person that such person shall enter into a recognizance in the manner prescribed by Section 6 of the Act, such person shall be permitted to see any of his friends on any week day at any reasonable hour for the bona fide purpose of obtaining such sureties as are required.

26. Paper and other writing material to such an extent as may appear reasonable to the governor shall be furnished to any interned person who requires to be so supplied for the purpose of communicating with friends.

27. An interned person shall not be compelled to attend any religious services except those of the persuasion to which he belongs; but, subject to the foregoing provisions, interned persons shall attend divine service on Sundays and on religious holidays, unless prevented by illness or unless their attendance is dispensed with by the governor for any sufficient reason.

28. The Minister for Home Affairs shall appoint, for each prison under the control of the General Prisons Board wherein interned persons are for the time being detained, not less than three responsible persons, hereinafter referred to as Official Visitors, whose duties it shall be:--

(a) To visit such prison and inspect every part thereof in which interned persons are detained;

(b) to have access to every interned person therein, and to hear and investigate any complaint made by any such person;

(c) to inquire whether these regulations are being complied with; and

(d) to report directly to the Minister for Home Affairs the result of every such visit, inspection, investigation and inquiry, and to bring to his notice any matters relating to the management of the prison or the treatment of interned persons which in their opinion call for attention.

29. Every Official Visitor shall at all reasonable times be admitted to the prison in respect of which he has been appointed, provided that the governor is satisfied as to his identity, and shall be afforded every facility for carrying out the duties specified in the last preceding Regulation.

Dated this 9th day of May, 1924.

C. Ó HUIGÍN,

Minister for Home Affairs.