Action needed after 'stark' report on prison overcrowding

The Irish Penal Reform Trust (IPRT) has said the State must prioritise alternatives to the expansion of prisons to deal with overcrowding.

A report released under a Freedom of Information request has revealed that a group examining overcrowding in prisons found "sustained over-utilisation of physical space", in cells not intended for multiple occupancy.

This is against the Council of Europe's Committee for the Prevention of Torture recommendations.

The Prison Overcrowding Response Group which includes Department of Justice officials, Irish Prison Service representatives, the Probation Service, the Courts Service and An Garda Síochána was established in July 2023.

It was tasked with putting forward short to medium solutions to address the prison overcrowding crisis against the backdrop of the prison estate operating above 100% capacity, with certain prisons consistently experiencing overcrowding.

The group submitted its final report to the Minister for Justice in March, however, it was not published.

It has now become publicly available following a freedom of information request by Dr Ian Marder of Maynooth University.

The report points out that due to shared limited space, prison overcrowding leads to an increase in tension between prisoners and a related decline in mental health.

"This combination leads to an increased risk of violence amongst prisoners, and as such poses a threat to the health and safety of prison officers," it says.

The increased prisoner population has also stretched limited staffing levels significantly, requiring the redeployment of staff into landings, and other shared spaces, for safety reasons, according to the findings.

It says this has "a direct knock-on effect" of decreasing access to education and rehabilitation services, as the staff required to facilitate such services are diverted to other duties to ensure the safe running of the prisons.

"The cumulative effect of prison overcrowding is not limited to the prisons then, as the disruption to services intended to address root causes of offending or provide supports to prepare individuals for release, decrease the likelihood of reintegration.

"This ultimately results in an increased threat to public safety," according to the report.

The Prison Overcrowding Response Group agreed a number of actions which are outlined in the report.

They include amending legislation to increase community service hours and for the judiciary to consider mandatory community service when a custodial sentence is up to two years or less.

It suggests reducing existing sentences of imprisonment by way of order by the Minister for Justice.

It says that a 40-day reduction in the length of all sentences would result in the release of 126 prisoners immediately.

Another action in the report is a process through which those convicted of sexual offences may be released on conditional supervised temporary release in conjunction with electronic monitoring, subject to the outcome of the work of a subgroup on electronic monitoring.

It also recommends developing "a new structured temporary release scheme" for women serving sentences of 12 months or less.

The IPRT has described the findings of the Prison Overcrowding Response Group regarding the level of overcrowding as "stark".

Preventing 'disaster'

Executive Director Saoirse Brady noted that the report stressed the need for urgent action.

"Significantly, the Group reported before record prison numbers of over 5,000 people were reached this summer. The current levels of people in prison breach the safe prison capacity limits set by the European Committee on the Prevention of Torture as well as what the Irish Prison Service itself considers to be a safe level in custody.

"We question why recommended actions to address high levels of overcrowding were not progressed sooner to prevent the situation from deteriorating further," she said.

She added that the IPRT was "disappointed" that the main political focus continued to be on prison expansion and the introduction of legislation like the Life Sentences Bill 2024, which she said was "wholly unnecessary".

The IPRT has called on the Minister for Justice to prioritise and progress legislative measures recommended by the group which said had been "put on the long finger" but which could make "a real difference" if delivered and properly resourced.

Assistant Professor of Criminology, Maynooth University Dr Ian Marder, noted that early releases which took place during Covid-19 did not lead to an increase in reoffending - the implication being that everyone would be "better off" if more people had access to community based justice.

"Research is clear that community sentences reduce reoffending compared with prison, but the courts may not always realise or trust this, and are not necessarily supported to prioritise evidence-based approaches over retribution.

"The challenge is that this needs to be done immediately to avert disaster," he said.

The IPRT also said the fact that there's a "high number of prisoners in prison custody who would otherwise be released if it were not for their homeless status" was "completely unacceptable".

"While we wholeheartedly agree that someone should not be released into homelessness, the choice should not be between an overcrowded prison cell or sleeping on the streets.

"IPRT welcomes that there is engagement with the Department of Housing, but urgent action is now needed to rectify this deplorable situation," Ms Brady said.