The High Court granted a Mountjoy Prison prisoner leave to seek judicial review over his claim that he had not been given access to education and literacy training. The court did not decide whether the prison had breached the rules, and said it had received no explanation for the lack of access.
In a judgment delivered on 25 November 2009, Mr Justice John Edwards said the prisoner had claimed he was illiterate and that the judge who sentenced him had recommended education and literacy training if possible. He was serving a five-year sentence for robbery imposed by the Dublin Circuit Criminal Court on 6 February 2009.
The prisoner sought an order of mandamus requiring the Governor of Mountjoy Prison to provide the necessary facilities. The court considered Rule 110 of the Prison Rules 2007, which provides for a broad and flexible education programme “in so far as is practicable”, with particular attention to prisoners’ basic educational needs, including literacy and numeracy. The rule also requires prison staff to actively encourage and facilitate participation in education provided at the prison.
Justice Edwards said the practical qualification meant there could be specific reasons why access was impractical in this prisoner’s case. No information explaining the lack of access had been provided to the court. He said the prisoner had nevertheless raised an arguable point about whether the rules were being complied with and granted leave to apply for mandamus and/or a declaration that the rules had not been complied with.
The judgment did not grant the requested mandamus or declare that the prison had failed to comply with the rules. It noted that separation-of-powers arguments might make mandamus inappropriate in the circumstances. The case was set to return on 8 December 2009.
The court also recommended that the prisoner receive legal assistance under the Attorney General’s scheme, enabling him to instruct a solicitor and one counsel. It directed that a copy of the judgment be sent to the Chief State Solicitor on behalf of the Governor. The prisoner could apply in writing, on at least four days’ notice to the Governor, for an order to attend the return date in person while he had not yet instructed a legal team.