Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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1567. To ask the Tánaiste and Minister for Justice and Equality the measures being taken to address the current overcrowding in Cork Prison, which is operating at 133% of its capacity with 98 prisoners without access to beds; and if he will confirm the contingency plans in place to ensure humane and safe treatment of all prisoners. [45531/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I am acutely aware of capacity restraints in our prisons, including in Cork Prison which I visited earlier this year, and the challenges faced by those who work and live in our prisons as a result. As of 28 August 2025, there were 81 prisoners sleeping on mattresses in Cork Prison, a reduction of 18% from the previous week and that had further reduced to 78 by Friday last, 5 September.

I was pleased to secure funding under the revised National Development Plan, published in July, to increase the capacity of our prisons by more than 1,500 spaces over the coming years. The Irish Prison Service have already begun work to achieve this. Since January 2022, capacity across the prison estate has been increased by more than 300 new spaces, with 126 delivered in 2024, 40 delivered up to July this year with plans to deliver a further 101 additional spaces by the end of this year, including in Cork prison.

I can further advise the Deputy that I propose to accelerate the delivery of additional spaces by utilising an exemption from the initial approval stages of the infrastructure guidelines for these projects, which will reduce delivery timelines by 12 to 18 months.

Overall, the Irish Prison Service plans to deliver 1,595 spaces through making optimal use of existing sites, including redevelopment of the Old Cork Prison site. It is considered to be a relatively cost effective and efficient path to provide additional prison accommodation. The plan includes significant refurbishment and upgrade works within the footprint of the existing prison estate, and includes proposals for the construction of new extension blocks.

Budget 2025 also increased overall funding for the Irish Prison Service by €79m (18%) compared to 2024, bringing the total allocated to nearly €525m. This increase is to fund measures to address overcrowding, including a capital budget of €53m which is €22.5m more than the original 2024 allocation. Supported by the increased budget, the Irish Prison Service also aims to recruit up to 300 prison officers in 2025, in addition to the 271 prison officers recruited in 2024. I have witnessed the commitment of prison staff in managing the current overcrowding situation.

Action is also being taken by the Irish Prison Service on a daily basis to manage overcrowding through a combination of inter-prison transfers where capacity is available and structured Temporary Release. Decisions in relation to temporary release are considered on a case by case basis and the safety of the public is paramount when those decisions are made.

I am also committed to progressing and implementing policies aimed at increasing the use of community sanctions, that reduce offending, divert people away from imprisonment, and provide effective rehabilitation. In that context I am pleased to note the increased use of restorative justice measures.

In April, I approved the publication of the Community Service - New Directions Implementation Plan 2025-2027 by the Probation Service. This plan sets out commitments to drive the delivery and support the increased use of Community Service as a robust and meaningful alternative to imprisonment. Engagement with the Judiciary, imbedding the principles of desistence, restorative justice and social justice, and increasing the visibility and accessibility of Community Service are part of this plan.

A range of actions to address capacity issues in our prisons was also agreed in June 2024 following on from the report of the Prison Overcrowding Response Group and work to implement these actions is ongoing. Among these actions is an amendment to legislation to increase the maximum number of hours that can be imposed under a community service order from 240 to 480 hours. The amendment will also require a judge to consider a community service order if a sentence of up to two years is being considered, rather than the current one year requirement. These amendments have been included in the General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025 which I published on 6 May last.

The Bill also includes a range of measures which will bring welcome changes across a range of areas, improving operational capacity in our prisons and bolstering sentencing options to reduce reliance on custodial sentences.

In Budget 2025, the Probation Service received an additional €4 million, bringing their total budget to over €60 million. This is to fund the expansion of crime-diversion programmes, support step-down facilities, restorative justice, and community-based alternatives to imprisonment.

The Programme for Government also commits to implement electronic monitoring for appropriate categories of offender. I would like to assure the Deputy that work is underway to operationalise electronic monitoring in line with existing legislative provisions. An initial rollout of electronic monitoring is planned for later this year following a procurement exercise to select a service provider.

Taken together, these actions demonstrate that this Government and I are committed to delivering one of the fastest-ever expansions of prison capacity in Ireland and increasing and enhancing community based alternatives to imprisonment.

Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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1568. To ask the Tánaiste and Minister for Justice and Equality in view of the fact the national prison system is accommodating almost 900 more inmates than its designed capacity, the Government’s strategic plan to resolve this overcrowding including whether it plans to expand existing facilities, construct new accommodation and increase the use of alternatives such as community sanctions. [45532/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I am acutely aware of capacity restraints in our prisons and the challenges faced by those who work and live in our prisons as a result.

Work to increase capacity has already begun. Since 2022 capacity across the prison estate has been increased by 380 new spaces, with 126 delivered in 2024, 43 delivered to date in 2025 with plans to deliver a further 98 additional spaces this year.

Following the review of the National Development Plan, a record capital investment of €495 million is being provided to the Irish Prison Service (IPS) over the next 5 years to deliver on government commitments to expand capacity in our prisons. which will enable the largest ever prison building programme in the state.

This includes the addition of 176 spaces for women, and 1,253 for men, with projects including a new prison on the site of the old Cork prison, a new block in Wheatfield, an additional block extension at Midlands prison, and additional spaces at Castlerea, Mountjoy and Dóchas.

The plan also provides for work to start on a new prison at Thornton Hall, but these spaces will be delivered at a later date.

Budget 2025 increased overall funding for the Irish Prison Service by €79m (18%) compared to 2024, bringing the total allocated to nearly €525m. This increase is to fund measures to address overcrowding, including a capital budget of €53m which is €22.5m more than the original 2024 allocation.

Supported by the increased budget, the Irish Prison Service also aims to recruit up to 300 prison officers in 2025, in addition to the 271 prison officers recruited in 2024.

Action is being taken by the Irish Prison Service on a daily basis to manage overcrowding through temporary release. Decisions in relation to temporary release are considered on a case by case basis and the safety of the public is paramount when those decisions are made.

I am committed to progressing and implementing policies aimed at increasing the use of community sanctions, that reduce offending, divert people away from imprisonment and provide effective rehabilitation.

In April, I approved the publication of the Community Service - New Directions Implementation Plan 2025-2027 by the Probation Service. This plan sets out commitments to drive the delivery and support the increased use of Community Service as a robust and meaningful alternative to imprisonment. Engagement with the Judiciary, embedding the principles of desistence, restorative justice and social justice, and increasing the visibility and accessibility of Community Service are part of this plan.

A range of actions to address capacity issues in our prisons was also agreed in June 2024 following on from the report of the Prison Overcrowding Response Group and work to implement these actions is ongoing.

Among these actions was the introduction in 2024 of a pilot Structured Temporary Release Scheme for suitable candidates in Limerick Women’s Prison. Recognising the positive impact of the pilot so far, the eligibility criteria for the scheme are now being extended on a phased basis to include more women in prison.

Another of these actions is to amend legislation to increase the maximum number of hours that can be imposed under a community service order from 240 to 480 hours. The amendment will also require a judge to consider a community service order if a sentence of up to two years is being considered, rather than the current one year requirement. These amendments have been included in the General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025 which I published on 6 May 2025.

The Bill also includes a range of measures which will bring welcome changes across a range of areas including bolstering sentencing options to reduce reliance on custodial sentences.

In Budget 2025, the Probation Service received an additional €4 million, bringing their total budget to over €60 million. This is to fund the expansion of crime-diversion programmes, support step-down facilities, restorative justice, and community-based alternatives to imprisonment.

The Programme for Government also commits to implement electronic monitoring for appropriate categories of offenders. I would like to assure the Deputy that work is underway to operationalise electronic monitoring in line with existing legislative provisions. It is intended to go tender for an electronic monitoring provider this year.

Taken together, these actions demonstrate that this Government and I are committed to delivering one of the fastest-ever expansions of prison capacity in Ireland and increasing and enhancing community based alternatives to imprisonment.

Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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1569. To ask the Tánaiste and Minister for Justice and Equality the statistics on the proportion of the prison population held on remand pending trial compared with convicted prisoners; and the reforms being considered to reduce remand numbers particularly for non-violent offences, through measures such as bail reform or expanded use of community-based alternatives. [45533/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The Irish Prison Service has confirmed that information regarding prison capacity and the numbers of prisoners in custody is collated daily by the Irish Prison Service Statistics Unit and published on its website (www.irishprisons.ie/). This information can be found in the Information Centre under Statistics & Information, Daily Prisoner Population. The direct link is: www.irishprisons.ie/information-centre/statistics-information/2015-daily-prisoner-population/.

As of Friday 5 September 2025, the number of the prison population on remand was 1,097, approximately 20% of the total number of people in custody.

As Minister for Justice, it is not open to me to comment or intervene in any way in relation to how particular court proceedings are conducted, or on the outcome of those proceedings. These are matters entirely for the presiding judge. The Irish Prison Service must accept into custody all people committed to prison by the courts.

However, I am also committed to implementing policies aimed at increasing the use of community sanctions, reducing offending, diverting people away from the criminal justice system, and providing more effective rehabilitation. These policies aim to contribute to the effective management of prison numbers and increasing the availability of cost-effective criminal justice responses for minor offences.

On 6 May 2025, I secured Government approval for the drafting of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025. This amends the Criminal Justice (Community Service) Act 1983 and the Criminal Justice (Community Service) (Amendment) Act 2011 to provide that the limit of community service hours be increased to 480 hours, and to oblige the judiciary to consider the imposition of a Community Service Order as an alternative where considering a custodial sentence of 2 years or less.

In Budget 2025, the Probation Service received an additional €4 million, bringing the total budget to over €60 million to expand crime-diversion programmes, support step-down facilities, restorative justice, and community-based alternatives to imprisonment.

In April 2025, I was pleased to launch the Probation Service Community Service Implementation Plan, “New Directions 2025-2027” which sets out a range of actions and targets to increase the uptake, consistency and availability of Community Service Orders throughout the country. Key goals cited in the Plan include increasing the use of Community Service Orders (CSOs) by the Courts, promoting community ownership of the solution to facilitate reparation for harm caused and reintegration of persons who have caused harm, foster improvement in victim satisfaction levels with the criminal justice system and progressing secondary outcomes for those who have offended such as access to education, training, and skills. This in turn supports longer-term desistance from offending behaviour.

Additionally, the Programme for Government commits to implement electronic monitoring for appropriate categories of offender and work is underway to operationalise electronic monitoring in line with existing legislative provisions.

In relation to bail, I am committed to ensuring our bail laws are fit for purpose. It must be remembered that 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.

While 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), I have formally requested Mr Lorcan Staines SC to undertake an assessment of their efficacy. Once I receive his report I will consider whether further action is needed in respect of bail reform.

Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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1570. To ask the Tánaiste and Minister for Justice and Equality whether his Department has implemented in whole or in part, the recommendations of the Oireachtas Joint Committee on Justice in respect of a decarceration strategy, and if so, the impacts to date on occupancy levels and recidivism. [45534/25]

Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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1573. To ask the Tánaiste and Minister for Justice and Equality his plans to balance the Government’s aim of penal reform and reduction of prison overcrowding with the need to protect the public, safeguard victims of crime, and maintain public confidence in the justice system. [45537/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I propose to take Questions Nos. 1570 and 1573 together.

Improving the experience of all victims engaging with the criminal justice system has been a priority for me since taking office. Due to the rise in our population, it is important that we increase the number of prison spaces to ensure the ability of the authorities to prosecute serious offences and ensure the safety of the public. However, increasing prison capacity is not incompatible with measures contributing to decarceration.

The current Programme for Government commits to increasing the capacity of our prisons by 1,500, and the Irish Prison Service have already begun work to achieve this. Since January 2022, capacity across the prison estate has been increased by 377 new spaces, with 126 delivered in 2024, 40 delivered to date in 2025 with plans to deliver a further 101 additional spaces by the end of this year.

€495m additional capital funding under the National Development Plan is being allocated to the Irish Prison Service from 2026-2030. The IPS have re-examined and expanded their plans and can potentially deliver additional accommodation for up to an estimated 1,595 people over the years 2024 to 2031, with projects planned at Castlerea, Cloverhill, Mountjoy, Portlaoise, Wheatfield, Midlands, Dóchas and the Old Cork prison site. The capital allocation will support substantial work to commence the development of a new prison at Thornton in North County Dublin.

I am also committed to progressing commitments in the Programme for Government related to the expanded use of community sanctions, which will contribute to reducing prison overcrowding and improving efforts to rehabilitate offenders.

On 6 May last, I secured Government approval for the drafting of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025. This Bill amends the Criminal Justice (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.

In Budget 2025, the Probation Service received an additional €3.8 million, bringing the total budget to over €60 million to expand crime-diversion programmes, support step-down facilities, restorative justice, and community-based alternatives to imprisonment. Restorative justice is a criminal justice process which has been shown, through mediation in appropriate cases, to help victims recover from crime, reduce re-offending and save public resources.

In April 2025, I was pleased to launch the Probation Service Community Service Implementation Plan, “New Directions 2025-2027” which sets out a range of actions and targets to increase the uptake, consistency and availability of Community Service Orders throughout the country. Key goals cited in the Plan include increasing the use of Community Service Orders (CSOs) by the Courts, promoting community ownership of the solution to facilitate reparation for harm caused and reintegration of persons who have caused harm, foster improvement in victim satisfaction levels with the criminal justice system and progressing secondary outcomes for those who have offended such as access to education, training, and skills. This in turn supports longer-term desistance from offending behaviour.

The Programme for Government also commits to implement electronic tagging for appropriate categories of prisoner and my Department will tender for a pilot tagging scheme later this year.

Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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1571. To ask the Tánaiste and Minister for Justice and Equality if he has commissioned or received evidence regarding increased assaults or risks to prison officers as a result of overcrowding in Irish prisons; and the measures being taken to safeguard the health, welfare, and safety of prison staff under such conditions. [45535/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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Any act of violence against prison staff is unacceptable. Any criminal act carried out within our prisons, including an assault on a staff member, will be reported to An Garda Síochána for investigation and prosecution. It is also vitally important that staff who are subjected to an act of violence or who witness incidents in our prisons are given the necessary support afterwards.

Section 19 of the Criminal Justice (Public Order) Act 1994 specifically provides for assaults or threats to peace officers including prison officers acting in the execution of their duty. Any person who assaults or threatens to assault a peace officer in the execution of their duty is guilty of an offence. The maximum penalty available for assaulting a peace officer, including prison officers, was increased from 7 years to 12 years in the Criminal Justice (Miscellaneous Provisions) Act 2023, which came into effect in November 2023. This sends a very clear message that attacks on frontline workers will not be tolerated and will be dealt with robustly.

The figures requested are contained within the attached table which details assaults on prison officers and prisoner on prisoner assaults.

Prison overcrowding can lead to an increase in tension between prisoners.

An Overcrowding Risk Assessment Taskforce was established in 2024 to consider and prepare a comprehensive risk assessment associated with the ongoing overcrowding issue in collaboration with the State Claims Agency and appropriate stakeholders. This risk assessment is expected in the near future and is expected to make recommendations to consider/mitigate a range of risks associated with overcrowding, including assaults.

It has to be acknowledged that the Irish Prison Service does not have the option of refusing committals and must accept into custody all prisoners committed by the Courts. Where the number of prisoners exceeds the maximum capacity in any prison, my officials make every effort to deal with this through a combination of inter-prison transfers and structured temporary release.

I am further informed that the Irish Prison Service continually monitors safety and assaults across the prison estate. Monitoring assaults is also subject to independent review by the State Claims Agency, the Office of the Inspector of Prisons, the Health and Safety Authority, and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT).

In 2015, following a number of violent physical assaults on Irish Prison Service staff by prisoners, the State Claims Agency in their risk management capacity, conducted a “Review of Assaults on Operational Prison Staff by Prisoners”. The report made a series of recommendations, not just on weapons and protective equipment for operational prison staff but also to address prisoner issues such as mental health, risk assessment, etc. The State Claims Agency is currently in the process of conducting a review of the national implementation of the recommendations of the report.

A Personal Protective Equipment review group was established in 2024 to conduct a fresh review of the requirement for Personal Protective Equipment for operational staff in light of the challenges and dangers posed by overcrowding. Amendments to the Firearms legislation are currently being drafted to allow the use of incapacitant spray to be used in a controlled manner for certain specific situations, where officers believe there is a risk to their own safety or the safety of other prisoners. Additionally, a pilot commenced in Q1 2025 for the wearing of body worn cameras and, since its commencement, no incidents of assault on prison officers have been recorded in the chosen pilot locations to date.

Every assault on a member of staff is treated as serious and appropriate action is taken by the Irish Prison Service, including the reporting of such assaults to An Garda Síochána for the purposes of investigation and criminal prosecution where appropriate. Staff who are subject to an assault or threat in a prison are given the necessary supports through the Employee Assistance Programme.

The Irish Prison Service fully recognises the challenging role performed by staff and acknowledges the potential impact it can have on their mental health and wellbeing. In this regard, a number of supports are available to staff including -

• The Employee Assistance Programme;
• A Critical Incident Stress Management model of interventions;
• Confidential counselling provided 24/7/365 through Inspire Workplaces; and
• A free wellbeing & mental health support text service for staff funded by the HSE.

Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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1572. To ask the Tánaiste and Minister for Justice and Equality whether his Department is examining international best practice in prison design and management, such as the adoption of normalisation models and architectural reforms that have been linked with improved rehabilitation outcomes; and if he intends to pilot such approaches in the State. [45536/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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As the Deputy is aware, the Government has recently announced a major capital development plan to increase prison capacity, as stated in the National Development Plan 2025 to 2030.

To that end, the Irish Prison Service has the responsibility for the safe and secure imprisonment of people in its care and is tasked with the design, procurement, and delivery of the proposed capital plan.

The Irish Prison Service will continue to include all suitable and practical international best practices and learning outcomes (where considered appropriate and feasible) that complement the operational and security requirements of Irish prisons. The services internal design standards and memberships in international groups such as the European Organisation of Prison and Correctional Services and the International Correctional and Prison Association provide the Irish Prison Service access to design resources and the latest developments in prison design and where suggested enhancements can be made.

The Irish Prison Service will continue to utilise elements of the successful design and innovative features included in the redevelopment at Limerick Prison. The design philosophy was based on trauma-informed care, where engagement with world-leading experts, including a Professor of Criminology at the University of Bath in the UK with specialist expertise in prison design, was instrumental in achieving this reality.

Future prison developments will learn from the experience of the Limerick redevelopment, focusing on its functionality, user groups, quality, environmental conditions, autonomy, safety, sustainability, simplicity, circulation, capacity, scale, adjacencies and separation, access, natural light, natural ventilation, visual design, space differentiation, congregation, and external spaces.

Key stakeholders and the appointed architectural teams will be engaged in adopting a modern design that is both robust and empathetic.

The proposed contractual format for future projects will be a design-and-build contract, where each competing contractor's proposal will be evaluated and subsequently awarded scores based on specific design enhancements in key design areas outlined in the scope of works. To this end, contractors are encouraged to promote design innovation. Similar design philosophies exist in healthcare, mental healthcare, and residential developments.