22nd October 2024
Following the publication of the Prison Overcrowding Response Group report, which was released by a freedom of information request, Irish Penal Reform Trust (IPRT) Executive Director, Saoirse Brady, penned an opinion piece in the Irish Independent on the current state of overcrowding in prisons in Ireland.
See the copy of the opinion piece below:
"Ireland’s prison system is at a breaking point, in fact, I would say it’s broken. With the number of people in custody far exceeding the capacity our prisons can safely handle, the dangers of overcrowding have escalated to unprecedented levels.
To this end, in July last year, a multi-agency Prison Overcrowding Response Group was formed comprising public officials from across the criminal justice sector, tasked with developing proposals to combat the overcrowding crisis. The group’s report, submitted to the Justice Minister in March this year, was recently released under a Freedom of Information request.
The report paints a grim but unsurprising picture of our prison system: dangerously overcrowded prisons, escalating violence and potential impacts on public safety.
As the number of people in prison now regularly surpasses 5,000 – exceeding the report’s worst-case scenario at the time of writing – the urgency of this crisis can no longer be ignored.
We in the Irish Penal Reform Trust (IPRT) commend the members of the group for their commitment to exploring innovative and necessary solutions to prison overcrowding. In a system plagued by limited resources and escalating risk, the group’s proposals – such as engaging with the judiciary to encourage the greater use of community service over short-term imprisonment of 12 months or less and expanding eligibility of the Drug Treatment Court for people sentenced for low-level drug offences – reflect an understanding that the State cannot simply build its way out of this crisis.
The group’s willingness to consider difficult, even politically sensitive, measures shows that there is a willingness among those working at the coalface of the criminal justice system to grasp the nettle and tackle a difficult situation.
But while some of the report’s proposals are refreshingly bold, the political will to implement meaningful change appears to be absent.
Enshrining the principle of ‘imprisonment as a last resort’ in law would show that the State truly values and supports alternatives to prison.
One of the most striking aspects of the report is its recognition that overcrowding doesn’t just pose an internal safety risk – it threatens public safety too. When prison officers must prioritise security over rehabilitation due to overcrowding, we fail in one of our primary objectives of imprisonment: reducing reoffending and ensuring successful reintegration. Last year, there was a 66pc increase in prisoner-on-prisoner assaults, and the recent tragic violent death of a prisoner in Cloverhill Prison is a clear signal that this is not just a crisis of numbers, but of human dignity and safety.
Moving forward with long-delayed legislation would be an important milestone, as it would give judges more options to issue non-custodial sentences, reducing the number of people sent to prison. Enshrining the principle of “imprisonment as a last resort” in law would show that the State truly values and supports alternatives to prison.
In contrast, the rejection of some proposed measures – particularly proposals to consider temporary release options for medium and higher-risk prisoners on a case-by-case basis – exposes the persistent gap between what is necessary and what is politically palatable.
Increased use of temporary release, in particular, has been proven to work. During the Covid-19 pandemic, increased numbers of people in prison were granted temporary release, and the group noted that there is “no evidence” of any increase in the risk to the public as a result of this measure. Temporary release, when applied appropriately, can significantly ease overcrowding without risking public safety.
The Irish Prison Service, in its proposals to the group, explicitly noted that there are a high number of people in prison solely due to their homeless status. This is extremely concerning and is yet another indication that our prisons are warehousing people who face specific societal challenges which the State has failed to address.
This is simply not good enough – the choice should not be between an overcrowded prison cell or sleeping on the streets. Rather than progressing the bold reforms proposed by the group, recent months have been marked by continued focus on building more prison spaces. But prison expansion takes years, and in the meantime, we are in violation of international standards. Even the Irish Prison Service’s own safety limits are being breached.
We need to invest in mental health services, adequate housing and community supports that address people’s needs.
The introduction of tougher sentencing for knife crimes and plans to introduce minimum tariffs for people serving life sentences – if passed – will inevitably swell our prison numbers further. Yet, the report makes it clear that the very cohorts consuming the most prison space – people serving longer sentences – are precisely those we need to respond to more creatively.
Real reform requires the courage to invest in what works. The report wisely puts forward changes in sentencing practice as one solution to the crisis.
A focus on community-based alternatives – probation, restorative justice and rehabilitation programmes – has been proven to reduce reoffending rates and alleviate pressure on our overstretched prison system.
We also need a commitment to long-term strategies that keep people from coming into contact with the criminal justice system in the first place. We need to invest in mental health services, adequate housing and community supports that address people’s needs. And we need a criminal justice system that, where it is used, prioritises rehabilitation.
As a society, we must ask ourselves what kind of justice system we want – one that perpetuates cycles of violence, retribution and overcrowding, or one that values rehabilitation, dignity and public safety?"
Saoirse Brady is the Executive Director of the Irish Penal Reform Trust
Respect for rights in the penal system with prison as a last resort.