119. Deputy Gary Gannon asked the Minister for Justice in light of the worsening crisis of prison overcrowding, where over 350 people are reportedly sleeping on floors and prison numbers are at a record high, the steps he is taking to implement meaningful decarceration policies, including non-custodial sentencing and investment in community supports. [24597/25]

Deputy Gary Gannon: I want to align myself with the condolences expressed across the Chamber to Garda Kevin Flatley's family, colleagues and the communities he served so diligently.

In light of the worsening crisis of prison overcrowding whereby more than 350 people are reported to be sleeping on floors in prison and prison numbers are at a record high, what steps has the Minister taken to implement meaningful decarceration policies, including non-custodial sentences and investing in community-based sanction and support?

Deputy Jim O'Callaghan: I thank Deputy Gannon for this important question. Due to the rise in our population, it is important that we increase the number of spaces within prison. The Deputy asked me about measures that would increase decarceration and I will come to that presently, but it is important to say that more prison spaces are available in light of the increasing population and the ability of the authorities to prosecute serious offences and fine people who are convicted of those offences.

I am tabling proposals that will present further options to courts other than simply incarcerating a person who has been convicted of a criminal offence. As published in the general scheme of the miscellaneous provisions Bill last week, I identified that I wanted to, and am proposing to, change the terms of the Criminal Justice (Community Service) Act 1983. Currently, a judge is required to consider a community service order if a sentence of up to one year is being considered. I am going to extend that so that when a court is considering a sentence that carries a penalty of up to two years, the court must also consider a community service order. Similarly, I am going to extend the number of hours that can be imposed by way of a community service order from 240 to 480. These measures will be of assistance.

We need to increase capacity, but these measures are not incompatible. It is not as though we can only have measures for increasing prison space without trying to consider measures that will result in decarceration. Since 2022, capacity across the prison estate has increased by more than 300 new spaces - 134 spaces were delivered in the past 12 months - and more than 100 additional spaces will be added this year. This is a priority for me.

Deputy Gary Gannon: I thank the Minister for his comprehensive response. I welcome the increase to two years for consideration of community service. However, we can waste any time when it comes to addressing the appalling and dangerous conditions in our prison system. Hundreds of people are sleeping on floors. The number of prisoners who have died in custody in Ireland has increased by 55% in the past year, up from 20 in 2023 to 31 last year. In many cases, the conditions in our prisons are nothing short of Dickensian, in that there is overcrowding. This is a serious failing of our criminal justice infrastructure.

Of course, consequences in certain cases should result in prison sentences but that should only be a part. Right now, prisons are filled with people serving short sentences for petty, non-violent crimes. We know these sentences do little to deter future offending. They push people further into a cycle of crime.

Meeting with people who have lived experience along with legal and justice groups makes it clear to me that judges are still handing down custodial sentences in cases where alternatives exist. There appears to be a lack of awareness and support in encouraging the use of non-custodial options.

Deputy Jim O'Callaghan: Since I have been made Minister, I have been to Cork Prison, Cloverhill Prison and I am going to another prison on Monday. I intend to visit every prison, if I am lucky enough to survive in office for a sufficient period of time. It is important that the crisis be addressed. It is being addressed. I know that, to deal with the specific issue the Deputy mentioned about mattresses on the floor, bunk beds are now being purchased and implemented. That is important.

To be frank, I am not going down the route taken in England and Wales in the past nine months where a decision was made by the UK Government in response to the overcrowding crisis that serious offenders would be released from prison at a very early stage. That is not something I am considering. It would be inappropriate to do so. Considering the efforts made by victims' groups and the money we have put into An Garda Síochána and resourcing the courts, a great deal has been invested in the administration of the criminal justice system, not just financially, but also the emotional effort put in by many complainants in cases. I am not going to undermine that system by making a decision that we should just halve the sentences of people incarcerated for serious offences.

Deputy Gary Gannon: That is an incredible job of answering a question I did not ask. No part of my question, either in written form or in my contribution, referred to the release of people in prison for serious offences. I discount even the notion of that. However, while we are talking about increased populations, why do we not conduct an audit of who exactly is in our prisons? In the majority of cases, they are there because of addiction and for all sorts of issues for which prison is not the most useful means of rehabilitation. We are all looking for the same outcome, namely, places where people who engage in crime can have consequences that suit both their crimes and the communities impacted by their crimes. What we have is a conveyor belt of people who for various reasons - usually addiction - go into our prisons, sleep on floors and continue that addiction. They then come out of prison and reoffend because prison is traumatic. We are all asking whether that is the best approach. It clearly is not working.

Deputy Jim O'Callaghan: I know the Deputy did not suggest the issue about releasing serious offenders. As part of my response, though, I have to be able to say that because it is an issue that people can legitimately put to me.

Regarding people with addiction, the Deputy is correct. Many of the people who are given prison sentences have addiction issues and chaotic lives. However, part of the reason judges sometimes sentence individuals who have addiction issues and chaotic lives to short terms of imprisonment is because judges think individuals can get some mandatory services provided to them there. That is part of the reason judges do that. We can ask the Irish Prison Service about it.

I agree with the Deputy that we need to try to provide better services out in the community to ensure we can treat addiction levels. Part of the problem is that there is no compulsion in respect of trying to get people to attend those courses and receive treatment for addiction services if they are out in the community.

That is part of the reason decisions are made for those short-term sentences.

I will also bring forward issues relating to electronic monitoring, particularly in respect of remand prisoners, that might reduce the numbers.