Irish Prisons Face Controversy Over Proposed Pepper Spray Bill

A new proposal in Ireland seeks to allow the use of incapacitant sprays, including pepper spray, in prisons, raising significant concerns among advocates for penal reform. Independent Senator Lynn Ruane, who has extensive experience in criminal justice policy, argues that introducing such measures may escalate violence rather than mitigate it.

Incapacitant sprays are designed to inflict pain and inflammation, primarily affecting the face and respiratory system. Research indicates that these chemical irritants can cause severe injuries, permanent disabilities, and, in rare instances, death. Currently, Ireland is among the few European nations where prison officers operate without these tools, relying instead on conflict de-escalation techniques to manage interactions with inmates.

Last week, the Joint Oireachtas Committee on Justice, Home Affairs, and Migration conducted pre-legislative scrutiny of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025. This omnibus bill contains various legislative proposals, including the controversial introduction of incapacitant sprays in prisons. Ruane emphasizes that when multiple changes are proposed simultaneously, critical issues may receive inadequate attention.

While the intention behind the bill may be to enhance safety within prisons, Ruane points to evidence from other jurisdictions suggesting that the introduction of such sprays does not effectively reduce violence. Instead, it often undermines the trust and cooperation essential for positive relationships between prison staff and inmates.

Recent data from the Irish Prison Service (IPS) indicates fluctuations in violence within prisons. In 2023, there was a reported 3% decrease in physical assaults by inmates on prison staff, alongside an 8% drop in aggressive incidents. However, the Prison Officers Association (POA) has reported a 32% increase in attacks on its members over the same period, highlighting a significant discrepancy that requires further investigation.

Prisoner-on-prisoner violence has also shown alarming trends, with a 31% increase in direct assaults. While assaults on staff have decreased, the rise in inter-inmate violence necessitates immediate attention and targeted interventions. Ruane argues that introducing incapacitant sprays is unlikely to address these issues effectively.

The Irish Penal Reform Trust (IPRT) has raised concerns about the rising number of prisoner-on-prisoner assaults and recognizes the valuable conflict resolution skills of prison officers. Ruane believes that relying on incapacitant sprays may not assist in reversing the troubling trends observed in Irish prisons.

Overcrowding remains a pressing issue in the Irish prison system, with the Future Prison Capacity Working Group Report revealing that as of June 23, 2025, the system was operating at 117% capacity. This overcrowding contributes to compromised safety and security, correlating with increased incidents of violence. Research from the Ministry of Justice in the UK shows that prisoners in overcrowded facilities are 19% more likely to engage in assaults. Given Ireland’s current statistics, the link between overcrowding and violence is concerning.

Ruane questions how the introduction of incapacitant sprays will effectively address these systemic issues. The Department of Justice has acknowledged that international evidence suggests introducing incapacitant sprays may lead to increased incidents of force within prisons.

The proposed use of incapacitant sprays raises important questions about the dynamics between officers and prisoners. Will these measures create a more adversarial atmosphere, or can they enhance safety? Ruane emphasizes the need for the Justice Committee and the government to consider the potential consequences of introducing such chemical irritants in an already strained environment.

Moreover, the potential health risks associated with incapacitant sprays must be evaluated, especially concerning vulnerable populations, including individuals with respiratory issues. The application of such sprays could disproportionately affect marginalized groups, raising human rights concerns.

As the debate continues, Ruane insists that the focus should remain on addressing the root causes of violence in prisons, particularly the chronic overcrowding issue. While the goal of reducing violence is commendable, she argues that using inherently violent measures contradicts that objective.

The discussion surrounding incapacitant sprays is not merely about their effectiveness but also about the broader implications for the treatment of those within the Irish prison system. The real conversation, Ruane asserts, must acknowledge the complex challenges facing prisons today and prioritize humane and effective solutions.