Violet-Anne Wynne (Clare, Independent)
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431. To ask the Tánaiste and Minister for Justice and Equality to provide an update on the overcrowded conditions in the Irish Prison Service; if any changes have been made to the conditions of temporary release; and if she will make a statement on the matter. [4321/24]

Helen McEntee (Meath East, Fine Gael)
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As the Deputy will be aware, the Irish Prison Service must accept into custody all people committed to prison by the Courts. As such, the Irish Prison Service has no control over the numbers committed to custody at any given time. Today there were 4,768 people in custody with 101 people sleeping on mattress on the floor.

Where the number of people in custody exceeds the maximum capacity in any prison, officials in the Irish Prison Service make every effort to deal with this through a combination of inter-prison transfers and structured Temporary Release. The legislative basis for temporary release is set out in the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003.

The Irish Prison Service is working closely with my officials in the Department of Justice to take steps to ensure a safe working environment for staff, and the safety and security of people in custody. A Prison Overcrowding Response Group has been established, with officials from across the Department, the Irish Prison Service, Probation Service, Courts Service, and An Garda Síochána. This group is currently examining proposals to address overcrowding.

Some recent measures introduced in 2023 include the expansion of criteria for participation in the Community Return and Community Support Schemes to allow additional people to become eligible for assessment for suitability to participate on these structured and supported temporary release schemes.

I can advise the Deputy that no changes have been made to the underlying legislation governing the Temporary Release of Prisoners, all applications for temporary release continue to be assessed by the Irish Prison Service on a case-by-case basis under the Criminal Justice (Temporary Release) Act 2003 and all matters set out are considered before any release is effected. These include risk to the community, nature of offence, previous convictions, engagement with services and reports from An Garda Síochána, the Governor and the Probation Service. The Deputy will wish to note that the safety of the public is paramount when decisions are taken regarding temporary release.

As the Deputy will be aware, the Government has made significant capital funding available to the Irish Prison Service in order to enhance the existing prison infrastructure and to provide additional capacity.

In recent years, works have been completed to modernise the Mountjoy complex, a new prison was constructed in Cork and additional prisoner accommodation was provided in the Midlands Prison.

Furthermore, the Training Unit in Mountjoy was reopened providing an additional 96 spaces and the opening of new male accommodation in Limerick in 2022 has provided an additional 90 cell spaces. The new standalone female prison in Limerick is now providing an additional 22 female cell spaces, bringing additional capacity across the estate to in excess of 200 new spaces.

Plans have also been outlined for 4 capital projects at Castlerea, Cloverhill, the Midlands and Mountjoy prisons to deliver a maximum of 620 additional spaces and I am continuing to engage with the Minister for Public Expenditure, National Development Plan Delivery and Reform to progress an agreed schedule of capital builds, including the delivery of additional Prison spaces. Delivery of these additional spaces is dependent on successful steering through the provisions of the Public Spending Code.