‘‘Change Champions’ essential to advance prison reform in North’ by Declan Kearney

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Commitment to continuing and comprehensive prison reform based upon principles of human dignity, decency and respect must be paramount

THIS WEEK, a motion was put before the Northern Assembly for debate by the Ulster Unionist Party. It effectively sought to predetermine the outcome of the planned independent review of prison accommodation arrangements as proposed by the “Panel on the Disbandment of Paramilitary Groups” by seeking forced integration of prisoners from different backgrounds in Maghaberry Prison.

Sinn Féin successfully amended this motion. Our central point was to emphasise the need for prison reform.

The UUP then voted against both the amendment and substantive motion.

The UUP was caught out trying to play political football with prison issues. The history of prisons in Ireland – and especially in the North – is one of well-documented conflict. One lesson that must be learned is to ensure that prisons do not contribute to more or future political or communal instability.

Maghaberry Prison is indeed unique in these islands but that needs to be kept in perspective. The primary responsibility of legislators and political leaders with regard to prisons should be to ensure all prison staff, prisoners, their families, and visitors are treated with dignity and respect.

The penal system is one of democratic society’s responses to the social context that produces offenders.

Prison is not simply about punishment of offenders but also rehabilitation and reorientation so as to assist their transition back into society.

Yes, prison is a societal punishment, but not to be traded against dehumanising or degrading the rights of prisoners or prison staff.

That must be fundamental to guiding the vision and purpose for how prisons, including Maghaberry, should be run.

There have been significant changes to prison life in the North. That includes Maghaberry.

Placing responsibility for prisons under the control of the Stormont Executive since 2008 has played an important role in promoting penal reform here.

But while prison reform is ongoing, it’s neither completed nor comprehensive. That applies especially to Maghaberry.

Comprehensive prison reform should be at the heart of the political and policy framework for the Department of Justice and the Assembly.

A prison reform-based approach should make maximum use of all the available resources to enable this agenda.

That means listening to the Prisons Ombudsman, working closely with the Probation Board, NIACRO, the Children’s Law Centre, by learning and being guided by penal reform experts, and engaging other authoritative agencies.

Importantly, the process of prison reform in the North should be set in context with the Fresh Start Agreement.

There is significant political and institutional resistance to change within the North’s prison system.

For that reason, the ‘Change Champions’ within the local Prison Service also need to be politically supported by the Department of Justice and the Assembly.

Sinn Féin will work constructively with the Justice Minister, other parties, and all agencies committed to positive change in Maghaberry and in our other penal institutions.

In terms of Maghaberry, this requires that management and operational systems are reformed.

The security mind-set that continues to dominate now needs to be replaced by a rehabilitation culture.

I also want to be very clear on this point.

No prison officer should be subject to threats, intimidation, or harmed in any way at work or away from work.

Prison officers are public servants from whom we expect the highest professional standards and accountability for prisoners’ welfare and safety.

They, in turn, deserve to be treated with respect and dignity, and to depend upon our support.

However, transparency, consistency and adherence to best practice and human rights must be at the heart of how Maghaberry Prison is run.

In recent weeks, shocking and unacceptable failures within this prison have been brought to public attention.

Much of this has been extensively scrutinised by the Justice Committee and discussed on the floor of the Assembly.

The case of Seán Lynch was an unacceptable travesty.

The treatment shown him was inhumane.

It was absolutely wrong.

The internal prison inquiry was deficient.

Questions still remain to be answered.

There was a complete breakdown between the prison and health services.

An absence of proper medical supervision contributed to the death of Patrick Kelly.

As a result of the Ombudsman investigations into these cases, greater attention has been drawn to significant mental health concerns in Maghaberry.

The Department of Justice, the Public Prosecution Service, the political institutions, and society as a whole, must look at sentencing and committal arrangements for people who are mentally ill and who should not be sent to jail.

Maghaberry Prison should not be used as society’s default option.

Prison officers cannot be expected to manage complex cases when the proper skills and facilities do not exist within the Prison Service.

But there are other issues which should give serious cause for concern in relation to conditions within Maghaberry.

Prisoners on integrated wings report habitual 23-hour-a-day lock-up with only one hour for recreation or association.

They are obliged to eat three daily meals in the cell space which also occupies their toilet.

The routine prison diet has little or no nutritional value.

Young prisoners have reported to me that a lunch typically consists of a small bread sandwich containing a spam filling with no butter and a small bag of crisps.

Whilst education facilities have improved – and the commitment of outside educationalists is to be commended – prisoners who wish to attend classes have told me about difficulties in doing so

Prisoners report that parity of esteem does not exist for the Irish cultural identity, particularly with respect to the Irish language.

This has been borne out in the Criminal Justice Inspection report of July 2016.

Ba chóir go mbeadh meas ar a chéile d’achan traidisiún san áit seo, na priosúin ach go háirithe.

Controlled movement and strip-searching in Roe House remain serious problems.

Such practices dehumanise both prisoners and prison staff.

The template agreed in August 2010 between prisoners and staff should be revisited.

It contains the basis for resolutions of these issues that create avoidable and unnecessary stress and conflict in Maghaberry.

The prison environment should be kept free from outside political interference, including that of the NIO, which is currently using the prison to wrongfully detain Tony Taylor on an extra-judicial basis.

We need to be de-escalating and resolving contentious issues and practices in Maghaberry, not compounding problems.

Our focus should be on making Maghaberry a stable, stress-free and safe environment for all staff, prisoners and those who visit the prison.

Commitment to continuing and comprehensive prison reform based upon principles of human dignity, decency and respect must be paramount.

On an encouraging note, the new Criminal Justice Inspection report on Hydebank Wood Prison records very significant and positive developments in relation to that prison environment. It clearly signposts a direction of travel which should be accelerated across the entire prison system in the North.

That is the change agenda required in Maghaberry and what the Department of Justice must be accountable for delivering under the leadership of the Justice Minister.

‘Change Champions’ committed to prison reform within and outside the Prison Service are essential to helping take this agenda forward.

 

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