Justice Minister Helen McEntee authorised the Irish Prison Service to house a female-identifying biologically male prisoner in a women’s prison in March 2021, according to the records of a Freedom of Information request by the Irish Independent.

In November 2020, the director of operations in the Irish Prison Service (IPS), wrote to the Department of Justice, and said a 2007 Statutory Instrument did not explicitly require the separation of genders but “for obvious reasons of operational considerations and security” it was always the case that “both genders were separated”.

Rule 52 of the 2007 says: “Unless otherwise authorised by the minister, male and female prisoners shall be accommodated in separate areas to which prisoners of the opposite gender do not normally have access.”
The chain of records ends on February 14 with Ms McEntee’s approval sought in accordance with Rule 52 (1) of the prison rules.

Ms McEntee agreed with the Rule 52 recommendation on March 10, 2021.