Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2026: Second Stage
Dail Éireann — 2026-01-22
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Jim O'Callaghan (FF), Dublin Bay South

These measures will allow the courts to bring a more flexible and efficient approach to such proceedings and save further time for gardaí, prison officers and other court users.
The Bill also provides for reforms in respect of prisons and penal policy. It supports the programme for Government commitment to extend the use of community sanctions by obliging the courts to consider a community service order in lieu of a prison sentence of up to 24 months duration - the current such threshold being 12 months - and doubling from 240 to 480 hours the number of hours of community service that may be prescribed in such an order. The court will also be required to give reasons where it considers that a community service order should not be made in such a case.
There are many offences with penalties of up to 24 months imprisonment where the offender poses no risk to the community and where the public interest may be better served by a person undertaking community service rather than being put in prison. This is particularly so at a time of serious capacity pressures on our prisons. Every case that results in a community service order will help to free up prison spaces for offenders who genuinely warrant imprisonment.
While greater use of community sanctions has a role to play in resolving prison overcrowding, I of course accept that it cannot be the only solution. The very large and sustained increases in the Irish population warrant a proportionate increase in prison capacity and the Government is taking the necessary action. As part of the national development plan, €495 million will be invested in building projects to deliver on a plan to build over 1,500 prison spaces by 2031. This will be the largest ever building programme on the prison estate.
In the meantime, however, overcrowding is causing a range of issues for our prisons, including an increase in violent incidents. While such violence has always been a risk factor in prisons, the situation now demands a response and it is in this context that the Bill includes provisions to remove the legal barrier to the possession and use of incapacitant sprays by prison officers.
The Bill provides that the use of such sprays will be permitted only in accordance with such provision as may be made by me as Minister under the prison rules. Their use will be further underpinned by mandatory policies and procedures along with bespoke training for prison officers, to further ensure that these devices are used appropriately and in line with all applicable health and safety and human rights considerations.
The Bill also contains important measures in relation to victims and potential victims of sexual violence and exploitation. I will focus first on the issue of counselling notes. I want to begin by acknowledging the distress that the disclosure of such personal and sensitive information can cause. As Deputies will be aware, section 19A of the Criminal Evidence Act 1992 was drafted with the intention of ensuring an appropriate balance between an accused’s right to a fair trial and a complainant’s right to privacy. It permits an accused person to make an application to the court for the disclosure of counselling records, but also allows the complainant to object to such disclosure, triggering a disclosure hearing. It also allows the complainant to waive their right to such a hearing.
Over time, it has become clear that section 19A has not operated as intended. Complainants feel pressured to agree to the waiver, with the result that records are routinely released without judicial oversight. The Bill therefore deletes the waiver provision.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-01-22/debate/main
Retrieved: 2026-08-14T04:54:32+00:00
Sitting date: 2026-01-22