Justice Minister Faces Backlash Over Pepper Spray Plans for Prisons

Plans by Justice Minister Jim O’Callaghan to equip prison officers with pepper spray have encountered significant resistance from the Oireachtas Justice Committee. Members of the committee have unanimously urged O’Callaghan to prioritize addressing the serious issue of overcrowding in Irish prisons instead of introducing incapacitant sprays.

Chair of the committee, Matt Carthy, a member of Sinn Féin, emphasized the urgent need for real solutions to the overcrowding crisis, which he noted is making conditions increasingly dangerous for both staff and prisoners. “Rather than focus on this, we need real action to tackle overcrowding in prisons,” Carthy stated, expressing hope that O’Callaghan would heed their recommendation to remove provisions for pepper spray from the Criminal Law Bill.

Despite the committee’s strong stance, reports indicate that O’Callaghan remains determined to push forward with the introduction of pepper spray in prisons. The proposed measures, outlined in the draft of the Criminal Law and Civil Law Bill, were examined by the committee earlier this week.

A spokesperson from the Department of Justice explained that the intention is to pilot the use of pepper spray in select locations within the Irish Prison Service. This pilot phase aims to gather data to inform future decisions about broader implementation. The spokesperson assured that health and safety protocols would be incorporated into operational guidelines, and prison officers would receive specialized training in the use of the spray.

The discussion surrounding pepper spray follows a recent report from the Office of the Inspector of Prisons (OIP), which highlighted alarming findings on overcrowding in Irish prisons. The report revealed a staggering increase of 156% in the number of inmates forced to sleep on mattresses in 2024 compared to the previous year. In some facilities, prisoners are reportedly eating meals while standing due to a lack of seating.

Additionally, the OIP noted a 50% rise in deaths within prisons during 2024, a situation that Chief Inspector Mark Kelly directly attributed to “degrading” and “inhumane” conditions, along with insufficient access to healthcare. Many prisons are operating well beyond their intended capacity, exacerbating the crisis.

A report from the European Committee on the Prevention of Torture (CPT) reaffirmed these concerns, describing the conditions in Irish prisons as “degrading” due to chronic overcrowding, pervasive violence among inmates, and alleged staff misconduct. The CPT has also reiterated its stance against the use of pepper spray in confined spaces, stating it has never encountered a justified need for such measures in any jurisdiction.

Opposition to the introduction of pepper spray is not limited to the Justice Committee. Ivana Bacik, leader of the Labour Party, criticized the initiative as potentially dangerous. “This bizarre initiative has the potential to create serious harm and danger to all in prisons,” Bacik stated, emphasizing the health and safety implications and the risk of human rights complaints at both national and international levels.

Furthermore, Gary Gannon, spokesperson on Justice for the Social Democrats, pointed out the narrow corridors and shared settings typical of Irish prisons. He raised concerns about the absence of a published risk assessment, a plan for identifying medical vulnerabilities, and adequate oversight. Gannon referenced recent reports of excessive force used against inmates, falsified records, and unsafe restraint practices, urging that addressing overcrowding and healthcare should take precedence over introducing pepper spray.

Statistics from 2024 indicate a 31% increase in violence between prisoners, amounting to 874 reported assaults, while assaults on staff saw a slight decline, falling by 8% to 107 incidents. The Prison Officers’ Association has expressed support for the use of pepper spray, arguing it is essential for protecting both inmates from prisoner-on-prisoner violence and staff from assaults. Karl Duncan, General Secretary of the Association, described the introduction of pepper spray as crucial, particularly following incidents where officers suffered severe injuries.

The use of pepper spray in European prisons varies widely. In the UK, it is commonly employed, with recent announcements from the British government indicating that staff in some youth facilities would receive training in its use. However, the Prison Reform Trust has raised concerns about its disproportionate application against Black and Muslim prisoners, asserting that in many cases, the use of pepper spray has breached guidelines, particularly when less harmful alternatives were available.

As the debate continues, the focus remains on how to effectively address the pressing issues of overcrowding and safety in Irish prisons, highlighting the complexity of balancing security measures with human rights considerations.