JUSTICE MINISTER JIM O’Callaghan’s plans to arm prison officers with pepper spray have faced opposition from the Oireachtas Justice Committee, who have told him to focus on reducing overcrowding in prisons instead. 

Sinn Féin TD and spokesperson on Justice Matt Carthy, who chairs the committee, said that there was a unanimous decision made by members to recommend that provisions in the Criminal Law Bill that would allow officers to be armed with  spray be removed. 

“Rather than focus on this we need real action to tackle overcrowding in prisons which is making prisons more dangerous for both staff and prisoners,” Carthy said. 

He added that the committee members expect that O’Callaghan would take the recommendation on board.

Despite the committee’s intervention, it’s understood that O’Callaghan remains committed to introducing pepper spray into prisons. 

Provisions for the measure are laid out in the Criminal Law and Civil Law Bill, which was scrutinised in its draft form by the committee this week. 

A Department of Justice spokesperson said that once the “legal basis” for this is in place, it is envisaged that the Irish Prison Service will pilot the use of incapacitant spray in a few select locations “to inform decisions on further rollout”. 

They added that health and safety measures will be part of the operational guidelines for the use of pepper spray, and that prison officers will get “bespoke training” on how to use the sprays. 

This comes after the recent publication of a report by the Office of the Inspector of Prisons (OIP) called for immediate political intervention following findings that overcrowding has reached a “breaking point” in prisons. 

There was a staggering increase of 156% in the number of prisoners who were having to sleep on mattresses in 2024 compared to 2025, and in some cases prisoners are having to eat dinner standing up due to a lack of chairs to cater for the number of inmates in some prisons. 

The report also found that in 2024 deaths in prisons were up by 50%, which Chief Inspector Mark Kelly directly related to “degrading” and “inhumane” conditions, as well as a lack of adequate access to healthcare. 

Multiple prisons were operating at a capacity level of well over 100%. 

In addition to this, a report by the European Committee on the Prevention of Torture (CPT) in 2024 found that in Irish prisons chronic overcrowding, widespread inter-prisoner violence and alleged abuse by staff have created ”degrading” conditions. 

It’s understood that at a joint event this week, the Executive Secretary of the CPT restated the committee’s view that pepper spray should never be used in a confined space, and that it has ”never” seen a necessity for prison officers to use it, in any jurisdiction. 

Labour leader Ivana Bacik told The Journal that her party is strongly opposed to sprays being introduced. 

“This bizarre initiative has potential to create risk of serious harm and danger to all in prisons. 

“Apart from the serious health and safety considerations, this new move would also leave Ireland open to human rights complaints at both national and international level,” Bacik said. 

Gary Gannon, the Social Democrats spokesperson on Justice, said that anyone who knows Irish prisons knows the extent to which they are comprised of tight corridors and shared settings. 

“There is still no published risk assessment, no plan for identifying medical vulnerabilities and no assurance of proper oversight. Other countries have seen misuse, poor documentation and a lack of CCTV in key areas,” he said. 

Gannon further said that reports in the last year show that we have seen instances of excessive force towards prisoners, falsified records and unsafe restraint practices in prisons. 

“Fix overcrowding and healthcare first. Sprays will only add to risk, not safety,” he said.

Assaults in prisons

Figures for 2024 show that violence between prisoners rose by 31% to 874 assaults, while attacks on staff fell slightly, with 107 assaults in that year showing an 8% decrease.

The Prison Officers’ Association is in favour of the introduction of pepper spray in prisons and has repeatedly called for the move. 

Karl Dalton, POA General Secretary, earlier this year said that pepper spray will be ”crucial” when it comes to protecting inmates from prisoner-on-prisoner violence, and also protecting staff from assaults. 

The association has reported that this year an officer received life-altering injuries after being slashed in the face with an improvised weapon. 

The use of pepper spray in European prisons varies country to country. 

It’s widely used in English prisons, and this year the British government announced that staff in some under-18s prisons would be trained to use it. 

Issues with its use in Britain have been flagged by the Prison Reform Trust, which has said that it is disproportionately used against Black and Muslim prisoners. 

The Trust has also flagged that in many instances where it was used guidance was breached, and less harmful alternatives were available.