INDEPENDENT TD MATTIE McGrath has said new prison visiting rules are “incredibly worrying and sinister” as they represent “the further gradual erosion of access to representation”.

Under rules introduced about six months ago, visits made to prisoners by TDs count towards their allocated number of weekly visits – something that previously wasn’t the case.

Most prisoners are entitled to two weekly visits, although this figure varies depending on what regime they’re on.

McGrath said it is not right that a prisoner must “forfeit a family visit in order to speak to his TD”.

That is a shocking restriction that seems calculated to deliberately minimise the legitimate interaction between a citizen and his or her public representative.

Now we are in a place where an individual is essentially being asked to make a difficult and emotional choice; do I choose to see my wife or kids or do I forfeit right that to speak my TD who can highlight any injustice against me at a national level?

The Tipperary South TD said the new rule places TDs in “a very invidious position” when they try to visit people who have been imprisoned due to a repossession or “other court disputes”.

McGrath said he was notified of the “abrupt changes to visitation rules” when trying to arrange to visit a jailed Kildare farmer in Mountjoy last week.

“I had previously visited this farmer, who is still in jail despite serious and credible evidence of failures in due process, without coming up against this barrier,” he noted.

‘We need rules’

However, a spokesperson for the Irish Prison Service said they weren’t sure what McGrath was talking about as “a public representative has never been denied access” to a prisoner since the rule was changed.

The spokesperson said McGrath applied to see the farmer on the morning of 1 April, and permission for the visit was granted by the Director General of the Prison Service by lunchtime the same day – despite the fact the farmer had already used up his two-visit allowance that week.

The spokesperson said it’s not uncommon to approve extra visits for prisoners if it can be accommodated.

“We can’t have a free-for-all, there has to be some sort of rules in place,” they added.

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