Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Bill 2026: Committee Stage
Seanad Éireann — 2026-06-24
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Sarah O'Reilly (AON), Agricultural Panel

Yes. I welcome the opportunity to speak on this amendment. I agree with Senator Ruane. My amendment is pretty straightforward. It seeks to ensure that the Minister will, within 12 months of the commencement of this legislation, report to the Houses of the Oireachtas on "the operation [and impact] of the provisions relating to ... incapacitant spray" in prisons. Prison officers have an extremely difficult job and they must have the ability to protect themselves. When I raised this issue on Second Stage, the Minister said that he wants to protect prison officers. Nobody disputes that they must have that protection. However, I am concerned this measure risks treating the symptom rather than addressing the underlying problem.
We know our prisons are under enormous pressure. We have heard recent reports of more than 500 prisoners sleeping on mattresses on floors. The Prison Officers Association has described the situation as a "national scandal", and has warned that overcrowding is contributing to increased violence. If you add more violence to violence, are you increasing that risk? Does violence breed more violence, intimidation and tension within prisons? Is it wise to introduce incapacitant spray in this context? It seems more like putting a band-aid on the issue instead of addressing the root cause of these incidents.
Under budget 2026, the Minister announced €495 million for prison infrastructure, including a new prison in Cork, as well as additional accommodation in Wheatfield, Midlands, Castlerea, Mountjoy, Cloverhill, Portlaoise, Limerick and Dóchas prisons, as well as the commencement of construction at Thornton Hall. I would welcome an update from the Minister on these projects and how they are progressing, as well as details of when the additional capacity will come on stream.
I note the provisions in section 15 encouraging greater consideration of community service orders. While community service can be appropriate and beneficial in many cases, particularly in supporting rehabilitation, custodial sentences remain necessary for serious and violent offences. The amendment simply asks that we measure the impact of this legislation and determine whether it genuinely improves the functioning and safety of our prison services.

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Retrieved: 2026-08-14T04:55:06+00:00
Sitting date: 2026-06-24