Gary Gannon (Dublin Central, Social Democrats)
Link to this: Individually | In context

739. To ask the Tánaiste and Minister for Justice and Equality if she will commit to expanding the availability of community-based sentencing, specifically tailored for mothers with dependent children; and his any plans to introduce gender-responsive, family-sensitive alternatives to prison for women who do not pose a risk to public safety. [39464/25]

Gary Gannon (Dublin Central, Social Democrats)
Link to this: Individually | In context

743. To ask the Tánaiste and Minister for Justice and Equality whether she will commit to prioritising the use of non-custodial measures, such as bail supports, or community-based alternatives, for pregnant women; and whether any portion of the upcoming prison system expansion or penal reform strategy will be ring-fenced for the protection of pregnant or postpartum women in conflict with the law. [39468/25]

Matt Carthy (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

771. To ask the Tánaiste and Minister for Justice and Equality his plans to expand the bail supervision scheme; if he is considering expanding it to include women facing charges in relation to non-violent crimes; and if he will make a statement on the matter. [39637/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 739, 743 and 771 together.

I am committed to progressing and implementing policies aimed at increasing the use of community sanctions, reducing offending, diverting people away from the criminal justice system, and providing effective rehabilitation.

Work is ongoing to address the specific needs of women within the criminal justice system.

The Irish Prison Service has worked with the Probation Service to adopt programmes of early release including the Community Return Scheme and the pilot Supervised Temporary Release scheme.

In July 2024, the pilot supervised temporary release scheme for women in Limerick prison commenced to support the needs of women transitioning from prison to community. The pilot was established for an initial two-year period. Through this pilot programme dedicated Probation Officers undertake robust pre-release work with the women, who are assessed as suitable for early release, while they are in custody.

They continue to work with the women when they are released back into the community during a specified period of time. Recognising the positive impact of the scheme so far, the Department of Justice recently approved a Probation Service/Irish Prison Service proposal to broaden the eligibility criteria and make the scheme accessible to a wider cohort of women serving custodial sentences in Limerick Prison.

To date, over 30 women have accessed the pilot programme, which has been found to benefit the women who are eligible and suitable. An evaluation is due to commence in July 2025, focused on outcomes and capturing real-time adaptations and improvements to inform potential future roll-out in other prisons. It is hoped that following evaluation, this scheme can be further expanded.

Following their Joint Service Strategy 2014-2016, ‘An Effective Response to Women Who Offend’, the Irish Prison Service and Probation Service have supported two key programmes that aim to support women in their transition returning from prison to their community.

The Tús Nua service provides eligible women, who are homeless on release from prison or while under probation supervision in the community, with safe housing and a positive environment.

The Irish Prison Service has worked with the Probation Service to adopt programmes of early release including the Community Return Scheme and pilot Supervised Temporary Release scheme to support the needs of women transitioning from prison to community.

The Irish Prison Service also supports delivery of the Outlook Programme. The vision of the Outlook Programme is to promote the rehabilitation and re-integration of women leaving prison and those under probation supervision who have accommodation needs requiring support in the community.

The programme supports women serving sentences of imprisonment, and who are assessed as posing a low risk to society, to re-integrate into the community. Following a referral and assessment process, suitable women are moved from the Dóchas Centre to live at the Outlook Programme in order to progress their positive sentence management.

The women this programme caters for are required to be drug free and have, in general, been convicted of one-off offences. The programme has capacity for 10 women.

The Probation Service, working in collaboration with the Irish Prison Service, are currently exploring options to establish a transitional accommodation service for women in Munster.

The Programme for Government 2025 also commits to considering the need for an open prison for women.

I recently approved the publication of the Community Service - New Directions Implementation Plan 2025-2027 by the Probation Service. I have also secured Government approval for the drafting of the Criminal Law and Civil Law (Miscellaneous Provisions Bill) 2025. The Bill includes a range of measures which will bring welcome changes across a range of areas and bolster sentencing options to reduce reliance on custodial sentences.

This includes a number of proposed amendments to the Community Service Act 1983 to encourage greater use of community service orders. At present, a judge is obliged to consider imposing a community service order if otherwise considering a custodial sentence of up to 12 months’ imprisonment. I am proposing this threshold be increased from 12 to 24 months, and to double from 240 to 480 the maximum community service hours that may be ordered. This measure should result in a general reduction in people imprisoned for short sentences.

I'd like to remind the Deputy that while the Programme for Government explicitly commits to legislation extending the use of community sanctions, sentencing is a matter for the courts. The law sets out the maximum sentence that can be imposed for an offence and it is then a matter for the court to decide the appropriate sentence in each particular case, taking into account all the circumstances.

In relation to pre-trial detention, work has commenced on the development of a pilot Bail Support Scheme for women which aims to provide an alternative to custodial remand.

The Department is leading a cross-agency project to introduce electronic monitoring (EM) for specific categories of individuals, as committed to in the Programme for Government, and in line with existing legal provisions.

A steering group is in place, made up of sectoral representatives, including the Irish Prison Service, who will be involved in delivery. Work to inform next steps has started, including scoping out the practical operational considerations, such as the technology to be used and relevant categories of offender. An initial rollout is expected later this year following a procurement exercise to select a service provider.

The Irish Prison Service will always facilitate prisoners who are expectant mothers to have their children born in hospital. There is a mother and baby unit in Limerick Female Prison and in the Dóchas Centre, where mothers and their babies are housed in single room accommodation. Rule 17 of the Prison Rules 2007 makes provision for a child to remain in the care of their mother in prison, until the child has reached twelve months of age.

In 2023, the construction of a new prison facility to provide accommodation for 56 female prisoners in Limerick Prison was completed. This new prison offers state of the art facilitates to care for pregnant prisoners and provides a number of areas where the care of mothers and babies can be facilitated in a safe manner. Work has commenced to bring on stream the potential for additional accommodation for up to 26 female prisoners at the Dóchas Centre.