Human rights body to discuss 'prison overcrowding litigation'

Prison numbers in Ireland rose to 5,800 by December 2025. Maximum capacity of just over 4,700. File Picture: iStock

The State’s human rights commission and the prisons’ inspector are to discuss legal concerns over potential breaches of European laws caused by the prison overcrowding crisis.

Chief Inspector of Prisons Mark Kelly told the Oireachtas justice committee that he was due to meet the head of the Irish Human Rights and Equality Commission (Ihrec) on the subject.

He said Ihrec has “certain statutory powers” which include the ability to take legal action against the State for breaches of human rights.

When asked by Social Democrats TD Gary Gannon whether Ireland was in breach, Mr Kelly said that it was a “judicial” matter to determine.

But he said the head of the Council of Europe’s Committee for the Prevention of Torture (CPT) had warned that conditions in Irish prisons “could amount to a violation” of Article 3 of the European Convention of Human Rights (regarding prohibition of ill-treatment).

The executive secretary of CPT, Hugh Chetwynd, also said that, in his opinion, litigation claiming a breach of Article 3 would stand “a high chance” of success.

“I would very much agree with that,” Mr Kelly said.

His comments came during a hearing to discuss the escalating overcrowding crisis.

Prison numbers rose from 5,000 at the end of 2024 to 5,800 by December 2025. Maximum capacity of just over 4,700.

'Revolving door'

Mr Kelly said more than 600 prisoners were sleeping on mattresses on floors in shared cells, often beside open toilets.

He said the "revolving door is back", with prison staff telling people just remanded to prison that they could be "back home this evening" because jails were beyond full.

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He said that after over 30 years of inspecting prisons in 46 member states of the Council of Europe, the conditions in Irish prisons were “amongst the worst”.

“It is ironic that almost everyone agrees that the current situation is completely unacceptable, yet it continues to worsen day by day."

'Not sustainable'

Labour TD Alan Kelly said that if the current rate of increase continued in the next four to five years, prison numbers could reach 10,000.

The prison inspector said he has spoken to successive ministers of justice and told them this trend was “absolutely not sustainable”.

He said more prisons were not the answer and that a “whole of Government” response was needed, involving:

• Major investment in the Probation Service and community sanctions, particularly as an alternative to short prison sentences;
• Significant increase in housing for homeless people both charged with crimes and when released from prisons;
• A major expansion by the HSE in community psychiatric facilities to help prevent offending by people with psychiatric issues, and also to house and care for those who do commit crimes;
• Continuation of addiction services in the community for recovering drug users released from prison.

Assaults on prison staff

Fine Gael TD Paula Butterly expressed concern at the impact on prison officers. She said 110 prison staff were assaulted by prisoners last year and that more than 200 left the service last year due to injuries they had received.

Mr Kelly said he was "worried" that the high attrition rate experienced in England and Wales caused by overcrowding, adding that this worsening violence could be replicated in Ireland.