The Irish Prison Service will issue guidance on transgender prisoners in the coming weeks, Justice Minister Simon Harris has confirmed.
It comes as Education Minister Norma Foley backed comments made by Taoiseach Leo Varadkar stating that transgender prisoners should not be housed in female-only prisons.
On Tuesday, Mr Varadkar was asked about the case of a transgender woman who allegedly threatened to torture, rape and murder her mother and is currently in a female prison in Limerick.
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While not commenting on individuals, the Taoiseach said that he does not believe that people who were biologically born male and convicted of violent crimes should be placed in female prisons.
Minister Harris said that the Irish Prison Service will conclude work in the coming weeks on transgender prisoners that is based on international best practice.
When asked if he agreed with Mr Varadkar’s statement, the Justice Minister said that the main point of his argument was that “there is no circumstance, regardless of gender, where anybody should be at risk of violence in prison”.
He said: “When we look at the prison population, the most important thing for the Irish Prison Service to do in any scenario is ensure the safety and wellbeing of all prisoners and all prison staff.
“I want to absolutely assure people today that the individual risk assessment that are carried out on all prisoners, regardless of gender, is of paramount importance in relation to this.
“Whilst I can't comment on individual prisoner situations, for obvious reasons, I do want to assure people today that in any circumstance where there is a risk to the safety of the prison population or prison staff, there are mechanisms and operational procedures in place to ensure that such a prisoner is incarcerated in prisons in an appropriate way.
“The Irish Prison Service is currently finalising a policy in relation to transgender prisoners. “This is a policy that will be informed by best international practice. Indeed, they are looking at a number of other jurisdictions in terms of how this issue has been approached.”
Elsewhere, Minister Foley said that she agreed with Mr Varadkar’s comments about transgender prisoners.
She said: “It is a matter for the Department of Justice and I will not cross over into another Department’s [remit]. But I do agree with the Taoiseach.
“I think we have to be careful how we handle any issue, we have to do so sensitively.
“I think it behoves all of us to be sensitive on how we handle any issue and I'm confident that the manner will be dealt with.
“Ultimately, it will be a matter for the Department of Justice.”
The issue of transgender prisoners recently caused controversy in Scotland in the weeks before First Minister Nicola Sturgeon stood down.
In January, Isla Bryson, a transgender woman convicted of raping two women while she was a man, was moved to the men’s estate in a Scottish prison. She had previously been kept in a segregation unit away from other prisoners in the women’s section of the facility.
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