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Irish Penal Reform Trust

IPRT presented to the Joint Oireachtas Committee on Justice, Home Affairs and Migration on Pre-legislative scrutiny of the General Scheme: Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025

30th September 2025

On 30 September 2025, the Joint Committee on Justice, Home Affairs and Migration met to examine the General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025. IPRT's Executive Director, Saoirse Brady and Legal Policy and Public Affairs Manager, Niamh McCormack took part, providing evidence on key aspects of the Bill. 

IPRT emphasised key points from our June submission on the Bill (IPRT submission on the General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025), stating strong opposition to the proposed introduction of incapacitant sprays in prisons, citing human rights concerns and the lack of evidence that they reduce violence.

IPRT also emphasised that prison should remain a last resort and expressed support for the expansion of community service orders as an effective alternative to short prison sentences and welcomed the requirement for judges to give reasons for choosing custody over a community-based sanction.

 

Saoirse drew attention to the risks of arming prison officers with incapacitant spray, particularly in overcrowded facilities: “Arming prison officers will not meaningfully address safety concerns and may in fact exacerbate tensions … the use of incapacitant spray has significant human rights implications.” She emphasised that such measures could increase harm rather than protect staff or residents and warned against extending similar powers into youth detention facilities.

Niamh focused on community service and alternatives to custody: “The goal should be to ensure that community service is a meaningful alternative to custody, not an additional layer of punishment for those who might otherwise have received a non-custodial sanction.” She also highlighted the importance of adequate resourcing: “The Bill offers an opportunity to strengthen confidence in non-custodial sanctions, but that confidence will only grow if people see that these measures are properly resourced and fair.”

The opening statements of all the speakers were followed by a question and answer session. Full committee proceedings are available to watch here

The transcript of the proceedings is found here.

 

September 2025
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