A government paper on the use of pepper spray in jails warned that some prisoners would become more violent and that it should not be used on crowded landings, on females, or inmates with mental health issues.
The paper was prepared by the Department of Justice against the backdrop of an overcrowding crisis and an increase in violence in Irish prisons.
It said there was a case for incapacitant spray and that prison officers in Ireland were “unique” among European jailers in not being allowed to carry “defensive weapons or compliance tools.”
The State Claims Agency – which manages compensation on behalf of the government – advised spray could be used by appropriately trained personnel in the right circumstances.
It said their research showed it caused no long-term health effects and that its use by gardaí had not led to any claims for damages despite being deployed over 1,000 times a year.
However, the State Claims Agency said it was not without risk and after it was introduced, it could lead to an increase in “use of force incidents.”
The policy paper said: “Where it is deployed too soon or too often this can have a detrimental effect on prisoners’ perceptions of legitimate authority.”
It said the use of spray would not work in every situation and that around ten percent of people would be unaffected, and some would become “more rather than less aggressive.”
The research also said prisoners would try to prepare for its use against them when planning a violent act.
“Prisoners, in planned violence incidents, will try to protect against it and/or mitigate the impact of the spray,” said the paper.
The document said the Irish Prison Service would need to have a significant additional governance procedure for managing incidents.
This would include healthcare for staff and prisoners as well as monitoring, debriefing, and secure storage of spray.
It added: “There are definite limitations on its use in certain circumstances: in crowded public areas; on female prisoners; on pregnant prisoners; in cases of passive resistance; on prisoners with mental health issues; on prisoners when at a height.”
The policy paper was prepared last autumn with then Minister Helen McEntee giving the go-ahead for use of incapacitant spray.
An accompanying submission said most jails were operating well above capacity with growing pressure from prison staff for personal protection.