I am acutely aware of the capacity constraints in our prisons and the challenges faced by those who work and live in our prisons as a result. However, it must be acknowledged that the Irish Prison Service (IPS) must accept into custody all people committed to prison by the courts and has no control over the numbers committed to custody at any given time.
I am pursuing a dual approach to address the issue of prison overcrowding by increasing prison capacity and pursuing further measures to support increased use of non-custodial sanctions.
Since 2024, 232 spaces have been constructed across the Prison Estate, with 126 constructed in 2024 and 106 constructed in 2025. The majority of these spaces are in use, with the remainder coming on stream very soon. There are plans to build another 65 spaces in 2026.
On conclusion of the NDP Review in July 2025, I secured a record capital investment of €67.9 million agreed for 2026, as part of a total investment of €528 million from 2026 to 2030, of which €495 million is being invested in building projects to further increase capacity. The IPS is delivering one of the most significant capital programmes in the justice sector, reflecting the Government’s commitment to increase prison capacity and modernise the estate in line with population growth, with an overall target of delivering over 1,500 spaces by 2031.
I sought and secured an exemption from the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation for 6 projects (960 prison spaces) to move straight to Approval Gate 2 – Pre Tender Approval of the Infrastructure Guidelines, a measure which is expected to speed up the delivery of these projects by 12 to 18 months. It also frees up capacity within Irish Prison Service (IPS) to progress projects.
In relation to measures to support increased use of non-custodial sanctions, I published on 9 January the Criminal Law and Civil Law (Miscellaneous Provision) Bill, which completed second stage on 22 January 2026. The Bill proposes amendments to the Community Service Act 1983 to support and encourage greater use of Community Service Orders (CSOs). It includes an amendment to oblige the courts to consider a CSO in lieu of a prison sentence of up to 24 months’ duration (the current such threshold being 12 months) and to give reasons where they consider that a CSO should not be imposed in such a case. It will further amend sections 3 and 5 of the 1983 Act to increase the maximum number of community service hours that a judge may order from 240 to 480.
Budget 2026 provides for a 13% increase in funding for the Probation Service. This additional funding will be used to increase use of supervised community sanctions in the criminal courts, expand restorative justice services, and expand supervised temporary release schemes nationally. In April 2025, I approved the publication of the Probation Service’s Community Service - New Directions Implementation Plan 2025-2027. Work is also underway to develop a pilot bail support policy as an alternative to being detained in custody while awaiting trial or sentencing.
The Programme for Government commits to implement electronic tagging for appropriate categories of prisoner. Under Budget 2026 funding of €2.1 million was allocated for the project to allow for staffing, procurement, and other set-up costs. A pilot is expected to be operational in 2026.
The Prison Overcrowding Risk Assessment Taskforce was established in 2024 by the Irish Prison Service Director General following a recommendation from the State Claims Agency (SCA). The SCA chaired the Taskforce and provided technical support, convening a series of focused workshops to identify risks, map existing controls, and determine additional short, medium and long-term measures needed to further mitigate prison overcrowding.
This final risk assessment was forwarded to my Department and the Irish Prison Service in November 2025. The risk assessment sets out key recommendations across a range of thematic areas. The SCA is currently drafting an action plan for agreement and has committed to periodic monitoring of progress. At present, it is not proposed to publish this report.
In 2015, following a number of violent physical assaults on Irish Prison Service staff by prisoners, the State Claims Agency in their risk management capacity, conducted a “Review of Assaults on Operational Prison Staff by Prisoners”. The report made a series of recommendations, not just on weapons and protective equipment for operational prison staff but also to address prisoner issues such as mental health, risk assessment, etc.
A Personal Protective Equipment review group was established in 2024 to conduct a fresh review of the requirement for Personal Protective Equipment for operational staff in light of the challenges and dangers posed by overcrowding.
Amendments to the Firearms legislation are currently being drafted to allow the use of incapacitant spray to be used in a controlled manner for certain specific situations, where officers believe there is a risk to their own safety or the safety of other prisoners.