A spokesperson for the prison service told Irish Legal News that it was engaging with internal stakeholders on practical matters ahead of the finalisation of the new policy.

Work on a national policy has been under way since a recommendation made by the Office of the Inspector of Prisons (OIP) in 2021 but has taken longer than expected.

Part of the reason for this is that the work was extended beyond its original remit to also consider “the supports for gender diversity in the prison environment more broadly”.

Penal rights experts have welcomed progress towards a new policy document as important for realising the rights of trans prisoners.

A spokesperson for the Irish Prison Service said: “The Prison Rules, 2007 (S.I. No. 252/2007) set out the minimum rules and regulations on all aspects of life in prisons in Ireland, including admission, accommodation, visiting rights, health, discipline, education, and so forth. Much of the daily operation of prisons is guided by the Prison Rules.

“The Irish Prison Service must provide safe and secure custody for all prisoners and safe working conditions for all of its staff.

“The strengths, needs and risk profile of each prisoner are continuously assessed, taking into account the views of the prison-based professional multi-disciplinary team, to determine the most appropriate placement across the prison estate to support the safety and wellbeing of the individual, that of the staff body and wider prisoner population.

“The Irish Prison Service is continuing its work towards finalising a policy document for the management of prisoners who identify as transgender, and has extended the project to consider the supports for gender diversity in the prison environment more broadly.

“This work has included consultation with a wide spectrum of stakeholders, consideration of submissions received from interest groups, consultation with the Office of the Inspector of Prisons, and consideration of guidelines published by the Committee for Prevention of Torture, and Inhumane or Degrading Treatment & Punishment (CPT).

“The Irish Prison Service is currently engaging with internal stakeholders to gain learning and insight into the mapping of practical steps necessary to implement the policy before finalising the policy provisions.”

Saoirse Brady, executive director of the Irish Penal Reform Trust (IPRT), said: “IPRT welcomes the Irish Prison Service’s commitment to developing a policy for trans people in prison given the disproportionate vulnerabilities of this population in both the community and in prison — often trans people experience physical and sexual violence, systemic discrimination, social stigma, and social isolation.

“However, a clear, rights-based and evidence-informed policy is long overdue and should be completed urgently following meaningful consultation with relevant stakeholders including the trans community.

“The rights-informed and experience-based guidance on the treatment of transgender people in prison published by the Committee on the Prevention of Torture (CPT) in 2024 must inform and underpin any forthcoming policy as it deals with practical issues including placement, access to healthcare, conditions, staffing and searches.”

She added: “The IPRT also calls for the review of the Prison Rules 2007 to be completed as a priority given that at 20 years old they are outdated, do not comply with the European Prison Rules and the review process that began in 2021 appears to have stalled.”