Record overcrowding in jails left penal system vulnerable to sudden surge in prisoner numbers from widespread public disorder or increased court sittings

Justice Minister 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 racist 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 justice minister has been repeatedly briefed on Ireland’s creaking jail system this year, with prisons frequently operating at above 100 percent capacity.

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

Asked about the records, which were released to Right to Know 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 percent on 2024 funding.”

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