16th October 2024
MEDIA ADVISORY
Records released under a freedom of information request revealed the actions that the Prison Overcrowding Response Group (the Group) report recommended in order to address the overcapacity issues in prison.
The Group, established in July 2023, 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. At that time capacity often reached as high as 109%, with certain prisons consistently experiencing overcrowding significantly beyond that. The Group comprising officials from the Department of Justice and representatives from the Irish Prison Service (IPS), the Probation Service, the Courts Service and An Garda Síochána, identified measures to address capacity issues in the prison estate.
The Prison Overcrowding Response Group submitted its final report to the Minister in March 2024. It was not published but has now become publicly available seven months later (in October 2024) due to a request made by Dr Ian Marder (Maynooth University) under the Freedom of Information (FOI) Acts.
Responding to the report, Irish Penal Reform Trust (IPRT) Executive Director, Saoirse Brady said:
“The warnings from the Prison Overcrowding Response Group about the current level of overcrowding are stark. The Group stressed the need to take urgent action to reverse this trend given the threat posed ‘to the health, safety and wellbeing of prisoners and staff’. They echo many of the criticisms the Irish Penal Reform Trust (IPRT), the Office of the Inspector of Prisons and the Prison Officers Association have made in recent months and years.”
“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.”
Despite the officials’ clear evidence-informed and practical proposals about what could work to reduce the number of people in prison, IPRT is disappointed that the main political focus continues to be on prison expansion and introducing legislation that IPRT considers is wholly unnecessary, for example, the Life Sentences Bill 2024.
IPRT Executive Director, Saoirse Brady, commented:
“Clearly, the State cannot build its way out of the untenable prison overcrowding crisis it faces and the proposed changes to sentencing will do nothing to alleviate the increasingly unsafe situation across the prison estate - in fact, they may exacerbate it while doing little to nothing to prevent further crime.
Instead, IPRT calls on the Minister for Justice to prioritise and progress the legislative measures recommended by the Prison Overcrowding Response Group – including changes to eligibility for Temporary Release and parole, incorporating the principle of prison as a sanction of last resort in law and progressing the Criminal Justice (Community Sanctions) Bill 2014, all of which have been put on the long finger but could make a real difference if delivered and properly resourced.”
Commenting on the report Dr Ian Marder, Assistant Professor of Criminology, Maynooth University said:
“Prison overcrowding is really dangerous for everyone. The rise in assaults this report outlines was predictable. Overcrowding is a danger to people both working and living in prisons, as well as the wider community. It’s interesting to note that the early releases which took place during COVID-19 did not lead to an increase in reoffending. The implication is that everyone would be better off if more people had access to community-based justice.
It’s great to see a newfound willingness to engage with the judiciary and change legislation to try and prioritise community sentences. 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.
Reducing the prison population is crucial, but must be accompanied by measures to meet victims’ needs. Too often, we assume that justice for victims is tied up in prison sentences. The reality is that there are all sorts of approaches that can meet victims’ needs instead, including restorative justice and other victim services, but we need an investment in these to accompany the reduction in our reliance on prisons.”
Additionally, IPRT is alarmed at the impact of certain political decisions on vulnerable groups of people who we believe should not be in prison at all. IPRT Executive Director, Saoirse Brady, went on to say:
“Contrary to the IPS policy to release the number of people serving short sentences for low-risk offences, the Department of Justice’s direction that would exclude people ‘convicted of immigration offences’ is worrying. The rationale that it could undermine the Garda National Immigration Bureau’s (GNIB) current policy of ‘testing the impact of stricter enforcement of the requirement to have a valid travel document to enter the State’ – appears to be a wholly disproportionate response.
IPRT, along with many of our colleagues in the sector, would question whether this policy potentially breaches international refugee law in cases where a person fleeing danger should first be entitled to apply for international protection rather than be imprisoned for not having a travel document.
Furthermore, the fact that there is a ’high number of prisoners in prison custody who would otherwise be released if it were not for their homeless status’ is completely unacceptable. This runs contrary to the principle of prison as a last resort. 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.”
ENDS
For all media enquiries, contact IPRT Communications Officer, Michelle Byrne, on communications@iprt.ie or 086 0433060.
IPRT Executive Director, Saoirse Brady, is available for further comment.
NOTES FOR EDITOR:
Prison Figures: Today, Wednesday 16 October 2024, there are 5,061 people in prison custody, equating to the prison estate being at 112% capacity.
Irish Penal Reform Trust (IPRT) is Ireland's leading non-governmental organisation campaigning for the rights of everyone in prison and the progressive reform of Irish penal policy.
Respect for rights in the penal system with prison as a last resort.