McEntee warned over lack of capacity in overcrowded jails

Minister for Justice Helen McEntee was told jails had no capacity to safely accommodate a sudden rise in prisoners following "widespread public disorder" because of record levels of overcrowding.

The minister was warned that the appointment of extra judges and increased court sittings could also lead to the system becoming even more overwhelmed.

With record numbers of people in custody, a department submission said: "Operating above capacity has become an unwanted standard in 2023 and into 2024.

"This has considerable negative impact on safety and the functioning of the prisons, but it should also be noted that the Irish prison estate currently has no space to safely accommodate any sudden surge in its population."

It said this type of 'surge' could happen in the event of public disorder, such as the widespread rioting and looting that took place in Dublin last year, or from increased activity in the courts.

In another briefing, Ms McEntee was told that inappropriate conduct by a small minority of prison staff had led to unsafe acts and conditions in jails.

Ms McEntee was advised that "unethical, and in some cases, unlawful behaviour" by employees was being tackled.

One briefing said enhanced supervision and appropriate support for staff with "declared issues" had been introduced by prison management.

The Minister for Justice has been repeatedly briefed on Ireland’s creaking jail system this year, with prisons frequently operating at above 100% capacity.

One document earlier this year said: "The prison service considers that the population should not go above 95%… of the total capacity. Going above this risks the safety of staff and prisoners alike."

Ms McEntee was also told that a system for targeted drug testing for "identified staff" was to be introduced as soon as a random programme of testing was under way.

The briefing said: "The policy is centred on prison officer grades initially as this is where the greatest potential risk is and covers the vast majority of Irish Prison Service employees."

The minister was warned too that the prison service was at risk of a "significant overspend" of their budget this year if all vacancies were filled.

At the time, there were 200 posts that were not yet recruited while additional hours had to be allocated because of the "impact of overcrowding, garda remands, hospital escorts [and] new recruits."

Another briefing from April explained how some prisons were consistently operating at over 107 percent capacity.

Ms McEntee was told this was putting them under intense "operational stress" because of an "unprecedented increase" in prisoner numbers.

The document said: "[This] results in the necessary redeployment of staff into landings, for safety reasons, diverting staff away from facilitating education and rehabilitative services.

"Prison overcrowding leads to an increased risk of violence for prisoners, threatens the health and safety of prison officers, and undermines the rehabilitation and reintegration of offenders, ultimately resulting in an increased threat to public safety."

The briefing explained how broadening criteria for temporary release and other schemes had helped but was not enough to manage overcrowding.

It said extra capacity of at least 650 spaces would be needed over the next three to five years.

"Beyond that timeframe, further capacity will be needed, as will a programme to modernise the prison estate, some of which dates to the 19th century," officials wrote.

One plan to try and reopen the old Curragh Prison in Co Kildare was likely to be complicated, another briefing said.

It said: "There is no up to date information on the current state of the prison, but at the time of its closure in 2003, it was in poor condition."

Minister McEntee was also told there was the potential to expand use of Portlaoise Prison; however, details of this were redacted from the records on security grounds.

The document said as well that modular units were being used in some jails and "delivery times are much quicker than traditional build methods."

Another briefing said there had been some progress on reopening the Curragh, but that "extensive works" would be required that would bring only sixty new spaces.

Asked about the records, which were released under FOI, a Department of Justice spokesman said significant capital funding had been made available to provide extra prison spaces.

He said: "The Irish Prison Service continues to engage with the Department of Justice to progress plans to bring on stream accommodation for over 1,100 prisoners between 2024 and 2030.

"Budget 2025 provides funding of €525m for the prison system. This is an increase of €79m or 18% on 2024 funding."