Mattie McGrath (Tipperary South, Independent)
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185. To ask the Tánaiste and Minister for Justice and Equality the immediate measures he will take to increase prison capacity in the country; the efforts he will make to urgently review bail laws, to reduce the number of crimes being committed by persons out on bail; and if he will make a statement on the matter. [11483/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The Government is acutely aware of capacity restraints in our prisons. It has already engaged with the Irish Prison Service on this issue and has committed to increasing capacity of our prisons by 1,500. This work has already commenced.

The Irish Prison Service budget has increased by €79 million, or 18%, in Budget 2025. The capital budget is €53 million in 2025, an increase of €22.5 million on the original 2024 allocation, focused on bringing additional prison spaces into the system.

In recent years, capacity across the prison estate has been increased by in excess of 300 new spaces with over 100 of these added in the last 12 months and 50 to come onstream very soon.

In June 2024, on foot of a report from the Prison Overcrowding Response Group a range of actions were approved and work to implement these is ongoing. A Working Group was established in the second half of 2024 to further consider future prison capacity needs and to make recommendations on the numbers and types of prison capacity needed out to 2035, including the future use of the site at Thornton Hall. These actions form part of one of the fastest-ever expansions of prison capacity in Ireland.

In relation to Ireland’s bail laws, I am committed to ensuring our bail laws are fit for purpose. Bail laws in Ireland are comprehensive and the Bail Act 1997 has been revised and strengthened several times, specifically by the Criminal Justice Act 2007, the Criminal Justice (Burglary of Dwellings) Act 2015 and the Criminal Justice Act 2017.

While our bail laws provide for the refusal of bail in particular circumstances, the presiding judge is entirely independent in the exercise of their judicial functions, and the decision to grant bail in a particular case is solely a matter for the judge. However, in considering a bail application in accordance with the Bail Act 1997, as amended, the Court is required to have regard to any persistent serious offending by an applicant and, in specific circumstances, the nature and likelihood of any danger to a person, or to the community, arising from the granting of bail. The Court is also required to give reasons for its decision to grant or refuse the application.

The Bail Act as it stands contains robust provisions on both dealing with and pre-empting breaches of bail. The Bail Act now provides for stricter bail terms - including the use of curfews - for repeat serious offenders, and strengthens Garda powers to deal with breaches of bail. Where an individual fails to comply with any bail conditions, the judge may issue a bench warrant, giving An Garda Síochána the power to arrest and bring the person before the court to answer all charges relating to the bail.

Furthermore, a member of An Garda Síochána may arrest a person immediately without a warrant where they have reasonable cause to suspect that that person has breached, or is about to breach, a bail condition. They may also arrest a person if they consider it necessary in order to prevent harm to, interference with, or intimidation of a victim or witness.

Additionally, the Programme for Government commits to implement electronic tagging for appropriate categories of offender, such as individuals released on bail while awaiting their trial for serious offences, and where the judge imposes conditions such as curfew or exclusion zones.

A project has commenced in my Department to examine how electronic monitoring can be brought into use in line with existing legislative provisions. A steering group is in place made up of sectoral representatives who will be involved in the delivery. Work has started on scoping out the practical operational considerations, including the technology to be used, for relevant categories of offender to inform next steps.

I will keep our bail laws under review and will introduce further amendments if necessary.