Written answers
Tuesday, 18 November 2025
Department of Justice and Equality
Prison Service
Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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743. To ask the Tánaiste and Minister for Justice and Equality the criteria and risk assessment processes used by the Irish Prison Service when granting temporary release to prisoners convicted of violent offences, including offences involving assault, weapons, and robbery; and if she is satisfied that current procedures adequately protect public safety. [63009/25]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I can advise the Deputy that the legislative basis for temporary release is fully set out in the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003. In addition, relevant statutory restrictions on the granting of temporary release for minimum mandatory sentences for certain drugs, firearms and second or subsequent serious offences also need to be considered. This includes the Misuse of Drugs Act 1977 as amended, the Firearms Acts 1925-2006 and section 25 of the Criminal Justice Act 2007.
All applications for temporary release are assessed on a case-by-case basis, having regard to all relevant available information.
I can assure the deputy that the safety of the public is paramount when those decisions are made. Before a final determination is made a number of factors are taken into account including:
- the nature and gravity of the offence to which the sentence being served by the person relates
- the sentence concerned and any recommendation made by the Court in relation to the sentence imposed
- the person's previous criminal record
- the potential threat to the safety and security of the public should the person be released
- the risk that the person might commit an offence during any period of temporary release
- the risk of the person failing to comply with any of the conditions of temporary release
- any report or recommendation made by the Governor, the Garda Síochána or the Probation Service.
In a number of cases the period of temporary release can be quite close to the release date and approved primarily to facilitate access to housing and welfare services to aid stability and positive reintegration. The base conditions for Temporary Release are set out in Statutory Instrument No 680/2004.
I am very conscious of the harmful, potentially devastating, consequences of crime on victims and I acknowledge that the impact of crime on victims varies in nature and force. While it is appropriate that the sensitivities and concerns of victims of crime should be carefully considered, other factors, such as the rehabilitation of offenders and their reintegration back into the community, must also be considered and a balance struck.
The Deputy will wish to be aware that the Irish Prison Service provide a Victim Liaison Service to keep victims of crime informed of significant developments in the sentence management of an offender’s sentence, and may include the following: inter-prison transfers; Parole Board hearings and decisions arising out of this process; temporary releases and expected release dates. The Victim Liaison Service is a voluntary service and victims may register with the Service if they wish. Where victims make their views known to the Irish Prison Service, they are always taken into account when making sentence management decisions, such as granting temporary release.
Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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744. To ask the Tánaiste and Minister for Justice and Equality the number of prisoners currently on temporary release who are subject to electronic monitoring or supervision orders; and if she will review the monitoring protocols to ensure compliance and public protection. [63010/25]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I am informed by my officials in the Prison Service that as of 11 November 2025, there were 143 individuals on temporary release who are subject to a Post Release Supervision Order.
Electronic monitoring of prisoners on temporary release is not currently available. The Programme for Government commits to implement electronic tagging for appropriate categories of prisoner and work is underway to operationalise electronic monitoring in line with existing legislative provisions.
Budget 2026 allocated funding of €2.1m for the project to allow for staffing, procurement, and other set up costs. It is intended to go to tender for an electronic monitoring provider this year.
Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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745. To ask the Tánaiste and Minister for Justice and Equality the recidivism rate among prisoners granted temporary release in each of the past five years; and the number who have reoffended while on such release, in tabular form. [63011/25]
Cathal Crowe (Clare, Fianna Fail)
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765. To ask the Tánaiste and Minister for Justice and Equality the measures in place for prisoners post-release to reduce the risk of reoffending; and if he will make a statement on the matter. [63306/25]
Cathal Crowe (Clare, Fianna Fail)
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766. To ask the Tánaiste and Minister for Justice and Equality the number of prisoners who were imprisoned as reoffenders in 2020, 2021, 2022, 2023 and 2024, by year, in tabular form. [63307/25]
Cathal Crowe (Clare, Fianna Fail)
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801. To ask the Tánaiste and Minister for Justice and Equality the data his Department has on persons who have completed recidivism-reducing programs but have gone on to re-offend; and if he will make a statement on the matter. [63667/25]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I propose to take Questions Nos. 745, 765, 766 and 801 together.
I can assure the Deputy that this Government remains focused on reducing re-offending, including by diverting people, where appropriate, from the criminal justice system and ensuring the underlying causes of offending behaviour are addressed.
I am advised by An Garda Síochána that the information requested by the Deputy is not available in the format requested.
The Central Statistics Office (CSO) regularly publishes detailed statistical information on both prison and probation re-offending rates. The latest Central Statistics Office (CSO) study of one and three year prison reoffending rates, can be found in the Prison Re-offending Statistics 2022 report published on www.cso.ie in September 2025. The prison re-offending statistics measure the level of recorded re-offending by offenders who received a custodial sentence following their release from prison.
One-year prison re-offending rates for individuals released in 2022 indicate that 44% re-offended within a year after being released from custody, a rise of 2%, with the highest reoffending category being people convicted of public order offences or theft. Overall, there has been a reduction in one-year prison re-offending of 6% since 2012.
Probation Reoffending Statistics for 2020, which were published in November 2024, showed that just over one-quarter (27%) of offenders who received a probation order in 2020 re-offended within a year, a rise of 2% when compared with the equivalent rate for 2019 (25%).
This was the second lowest re-offending rate measured since 2008, when the first estimates of probation re-offending were calculated. The increase was mostly due to a rise in the re-offending of people who received probation for offences relating to controlled drug- (23%) or road traffic- (22%) related offences.
The Irish Prison Service work closely with An Garda Síochána and the Probation Service in respect of the monitoring, supervision and compliance of those on temporary release.
Any prisoner who breaches his or her conditions, including committing a criminal offence, may be arrested and returned to prison immediately by the Gardaí or may be refused another period of reviewable temporary release. If an individual re-offends on temporary release, the matter of their prosecution is a matter for An Garda Síochána and the Director of Public Prosecutions to consider.
While there are no quick fixes to reducing reoffending, evidence shows that different targeted interventions are needed. The Review of Policy Options for Prison and Penal Reform, which includes increasing the use of alternatives to custodial sanctions where appropriate, and the recommendations of the High-Level Taskforce consider the mental health and addiction challenges of those who come into contact with the criminal justice sector.
Education and training is available in all prisons, from basic literacy and numeracy education up to third level qualifications. Work Training in prisons also provides a range of purposeful activities in areas such as catering, laundry, industrial cleaning and industrial skills. Further, the Prison Education Taskforce aims to ensure greater alignment between prison education and work training and the tertiary education system to support people in prison to have education and training opportunities while in custody that support their rehabilitation and access to employment post-release.
Through integrated sentence management the IPS assists people in prison during their sentence and to plan for their release by identifying and sourcing appropriate supports to address risks of reoffending and needs. The IPS works with Tosú to provide two main operational services, the ‘Gaining Access to Training and Employment’ Service and the Resettlement Service. The IPS website: www.irishprisons.ie/prisoner-services/reintegration/ may be of interest to the Deputy in this regard.
Many of the supports offered to offenders post-release are made available by state agencies and Departments external to the Department of Justice, Home Affairs and Migration and often mirror those available to the general public. The Deputy may wish to direct queries regarding particular supports and services to the Departments' responsible for these services.
Budget 2026 provides an 11% increase in funding for the Probation Service, allowing for the recruitment of 100 additional staff. This additional funding will be used to increase use of supervised community sanctions in the criminal courts, expand restorative justice services, and expand supervised temporary release schemes nationally.
Strategies which are being employed to reduce recidivism rates and ensure successful reintegration of prisoners into society include the JARC (Joint Agency Response to Crime) and Y-JARC (Youth-Joint Agency Response to Crime), both multi agency initiatives involving the Probation Service and An Garda Síochána for the purposes of the joint case management of prolific offenders. It is hoped to expand these nationally in due course.
The Probation Service has also established the Social Inclusion and Reintegration Unit to support work in addressing the root causes of offending; social and health factors, including low educational attainment, substance misuse, homelessness, poor mental health, trauma, unemployment, and poverty.
The Probation Service funds and works collaboratively with 56 Community Based Organisations (CBOs). These provide supported temporary accommodation, the development of independent living skills, education and employment opportunities and engagement in prosocial activity and therapy to persons subject to Probation supervision targeted at addressing factors linked to risk of reoffending. These services support the Probation Service to implement court-ordered supervision and reduce the likelihood of reoffending and risk of harm to the public. The Probation Service Annual Report 2024 sets out further detail of services provided and is available on the Probation Service website www.probation.ie.
In addition, Sex Offender Risk Assessment and Management (SORAM) operates nationally to support enhanced levels of co-operation and co-ordination between key statutory organisations involved in managing the risk posed to the community by convicted sex offenders and safeguarding the welfare of children.
In November 2024, the Department of Justice launched ‘Building Pathways Together: Criminal Justice Reintegration Through Employment Strategy 2025-2027’, building on the 2017 Social Enterprise strategy ‘A New Way Forward’, and the 2020 ‘Working to Change’ strategy. This new strategy seeks to provide effective interventions to ensure that those who have ceased offending, and those who are looking for stability to move away from a life which involves offending, have the appropriate supports and opportunities open to them.
Taken together, these programmes represent a coherent and all-of-system approach to addressing offending behaviour and managing the people who offend in a considered and planned way to minimise reoffending.
Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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746. To ask the Tánaiste and Minister for Justice and Equality if the ongoing practice of temporary release is linked to prison overcrowding or capacity constraints; the current occupancy rate across the prison estate; and the measures being taken to address this without compromising community safety [63012/25]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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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.
Where the number of people in custody exceeds the maximum capacity in any prison, on a daily basis, my officials in the Irish Prison Service manage overcrowding through the use of 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.
All applications for temporary release are assessed by the Irish Prison Service on a case-by-case basis, and before a final determination is made a range of factors are taken into account including:
- the nature and gravity of the offence to which the sentence relates;
- the sentence concerned and any recommendation made by the Court in relation to the sentence imposed;
- the person's previous criminal record;
- the potential threat to the safety and security of the public should the person be released;
- the risk that the person might commit an offence during any period of temporary release;
- the risk of the person failing to comply with any of the conditions of temporary release.
If a person re-offends on temporary release, the issue of their prosecution is a matter for An Garda Síochána and the Director of Public Prosecutions to consider.
I am informed by my officials in the Prison Service that the total number of prisoners in custody on Monday 17 November 2025 was 5,713 compared with a bed capacity of 4,702. This represents an occupancy level of 122%.
A record capital investment of €527 million is being provided to IPS over the next 5 years, of which €495 million will be invested in building projects to further increase capacity. This will provide for the largest investment in the prison estate in the history of the State. The target is to deliver on a plan to build 1,595 individual prison spaces by 2031.
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 launched the Community Service - New Directions Implementation Plan 2025-2027. This plan sets out Probation Service commitments to drive the delivery and support the increased use of Community Service as a robust and meaningful alternative to imprisonment.
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 is now being extended on a phased basis to include more women in the 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, improving operational capacity in our prisons and bolstering sentencing options to reduce reliance on custodial sentences.
Budget 2026 provides an 11% increase in funding for the Probation Service, allowing for the recruitment of 100 additional staff. This additional funding will be used to increase use of supervised community sanctions in the criminal courts, expand restorative justice services, and expand supervised temporary release schemes nationally.
The Programme for Government also commits to implement electronic tagging for appropriate categories of prisoner. I would like to assure the Deputy that work is underway to operationalise electronic monitoring. Budget 2026 allocated funding of €2.1m for the project to allow for staffing, procurement, and other set up costs. It is intended to go to 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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747. To ask the Tánaiste and Minister for Justice and Equality if victims of crime are notified or consulted prior to the temporary release of offenders convicted of serious or violent crimes; and if he plans to introduce reforms to strengthen victims’ rights in the release decision process.; and if he will make a statement on the matter. [63013/25]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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In relation to the granting of 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. 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 ensuring that the right to information for victims of crime is realised effectively. The legislation governing this right is the Criminal Justice (Victims of Crime) Act 2017, which transposes the EU Victims’ Rights Directive and has greatly expanded the right to information for victims. Subject to certain limited conditions, a victim of crime may request to receive information about temporary release.
The Irish Prison Service Victim Liaison Service provides victims who have opted into the service, with information on the prison system, as well as any form of temporary release; information regarding inter prison transfers, hospital appointments and court appearances; information regarding an escape from prison custody; and notification of upcoming Parole Board applications. The Service also notifies registered victims when the time for an offender to be released from prison is approaching.
It is a voluntary service. A victim or their family can register with the service at any stage during the prisoner’s sentence and can also change their mind and "opt-out" of the service at any time. Where the victim’s family make their views known, these are considered when any application is being reviewed. The Parole Board also advise victims with whom they have engaged, that they may wish to consider registering with the Irish Prison Service.
Through initiatives such as ‘Supporting a Victim’s Journey’, my Department is committed to building a victim-centred criminal justice system. My Department also supports the Victims Charter website which brings together all the information a victim of crime might need to know about their rights, and about what to expect from their engagement with the criminal justice system, and hosts the Victims Forum, where the sector can highlight issues and best practice to help improve services.
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