Select Committee on Northern Ireland Affairs Minutes of Evidence

Memorandum sumitted by NIACRO

INQUIRY INTO THE PRISON SYSTEM IN NORTHERN IRELAND

1. INTRODUCTION

  One of the difficulties NIACRO has always had in commenting on the prison system in Northern Ireland is that it is, in many instances, a closed world. There has been little independent study of the prison service and the regimes in operation and, of course, the Prison Service itself has always been able to manage any external scrutiny. Clearly, too, the prison system and especially the Maze prison, has been the focus for political struggles and the subject of much propaganda from all sides involved, including the NIO. It is important, however, to acknowledge that the last number of years has produced some opening up of the system, with a greater willingness on the part of the management at least to discuss prison issues with stakeholders such as NIACRO. This process must continue.

  In NIACRO's experience, at operational and other staff levels, the character of the closed world could almost be described as incestuous—a world where socialising and debate takes place in an environment where there is little critical discourse and open exchange of views and a defensiveness of outlook which prevents acceptance of new ideas. While one can understand the existence of this approach given the attacks that there have been on prison officers and the difficulties facing them in running the Maze prison in particular, it is important that there is an effort to allow a fresh approach to develop. NIACRO's aspiration is that the Prison Service should be seen as a form of community service rather than a security agency. This would alter the philosophical approach of staff and require different recruitment and selection procedures with a focus on appointing staff with a different skills base.

  It is NIACRO's view that any change to the system which comes about following the Belfast Agreement should be viewed as an opportunity for reform and modernisation for the Prison Service in terms of making the system more open, transparent and publicly accountable. This will have implications for the way in which the Service is run and will have implications for staff duties and the qualities which it should be expected that Prison officers possess.

  The following represents the range of issues which NIACRO feels could usefully be addressed in the context of such an evaluation.

2. EFFICIENCY AND EFFECTIVENESS

  These must be the watchwords of the Prison Service. They have implications for a range of areas in managing a move to normality in this part of the criminal justice system. It is NIACRO's view that a major factor should be the invigoration of the need for rehabilitation and preparation for release as primary objectives of imprisonment, perhaps equal to the main aim of safe containment. This will require a major change in emphasis in terms of the role and duties of prison officers. It may also have implications for the use and design of buildings possessed by the service. Broadly, we believe there are implications from a focus on efficiency and effectiveness for:

—  the size, make-up and role of those working in the Prison Service; and

—  the types of regime and establishment set up by the management.

3. SIZE, MAKE-UP AND ROLE OF THOSE WORKING IN THE PRISON SERVICE

3.1 Right-sizing

  Pre-Troubles, the prison population was around 600, about one-third of current levels. Clearly, there will be no need for the numbers of prison officers that there have been over the last three decades. Additionally, should the terms of the Good Friday Agreement come into force, the Maze prison will become redundant over the course of two years and plans will have to be agreed to phase out the prison completely with separate arrangements for prisoners from organisations who continue to be involved in violence. It would be sensible, in NIACRO's view, for the Prison Service to begin immediate consultation with all stakeholders on how to manage a reduction in staff by at least two-thirds—to around 1,000—over the next two years. This consultation should include questions of severance pay and re-training and re-skilling programmes. A reduction of two-thirds will allow some flexibility in recruitment of new staff from under-represented sections of the community (see below). With additional recruitment from under-represented groups, one might expect that the number of staff would stabilise at around 1,200 to 1,300 in the first instance.

3.2 Change in type of prison officers?

  In addition to the question of numbers, it will also be necessary to change the focus of prison officers' duties away from pure containment to an ability to deliver and develop more constructive regimes aimed at prisoner rehabilitation. Officers should routinely expect to be involved in sentence-planning, motivational programme delivery and courses aimed at encouraging prisoners to face up to their offending behaviour. These new skills should be delivered in collaboration with the Probation Service, which should be actively involved in the planning stage of these new directions. It would be important that the training and re-skilling programmes for prison officers have a continuing in-service element so that staff are kept abreast with developments in their specialisms.

3.3 Make up should reflect the population

  An issue which has not received any examination over the last number of years is the question of representation in the prison service. So far as NIACRO is aware, there is no public information available on the religious or political make-up of the prison service. It is likely, however, that the service is overwhelmingly protestant in background. Unlike the RUC, however, this has never been an issue which has been discussed. In NIACRO's view, a Prison Service that is seeking to be part of the whole community and wishes to make a meaningful contribution to the rehabilitation of all prisoners in its care, would wish to be representative of the community as a whole. Accordingly, NIACRO believes that:

—  a survey should be carried out of all service staff at all levels to find out the breakdown in terms of gender, ethnic origin, religion and political opinion;

—  advice should be sought from the FEC and EOC (or the New Equality Commission) and any other human rights institutions established arising out of the Good Friday Agreement; in order to

—  agree a plan, with goals and timetables, for achieving a balanced staff representative of the community in Northern Ireland.

  In the interim, a shedding of two thirds would allow immediate recruitment from under-represented groups.

3.4 Leadership

  A key issue in the run up to the appointment of a new Chief Executive of the Prison Service will be an assessment of the qualities which the successful applicant should possess for the particular challenges which lie ahead. Thus, the qualities which have been required for the establishment of the Prison Service as a "first steps agency" and for resulting changes in management structure and personnel systems are different from the challenges of regime development and greater community transparency and exchange which must be faced over the next number of years. It will require intense negotiations with both the Prison Officers Association and the Prison Governors Association, a knowledge of innovative and progressive regime development and a willingness to embrace reform in terms of recruitment, selection and re-skilling of staff. It will also require a knowledge of and willingness to embrace community contact.

3.5 Small pool of management

  It is NIACRO's experience that managers of the Prison Service have been drawn from a relatively small pool in terms of experience and calibre. The Narey Report identified shortcomings at middle management level inside the prison service. This is an issue which needs to be addressed in the possible new environment. In NIACRO's experience, an assessment needs to take place of ways in which managers of higher calibre could be attracted into the Prison Service, bringing new insights and experience. Accordingly, we propose a radical programme of secondments from prisons in Britain, Ireland and mainland Europe so that the closed world discussed earlier is opened up to more progressive regime development. Particular emphasis should be placed on secondments from establishments (such as, for example, Felton) where prison officers have developed a clear welfare approach to their work.

  Furthermore, NIACRO believes positive outcomes would flow from a willingness to consider secondments from other areas of society. In particular we would like to see possible involvement of individuals with particular skills from the voluntary and private sectors brought in to provide fresh perspectives on management, imprisonment and rehabilitation. This is in line with NIACRO's view (expressed on page 18 of Justice, Safety and Openness) that work in prisons should be seen as a community service rather than a security function.

4. TYPES OF REGIME AND ESTABLISHMENT SET UP BY THE MANAGEMENT

4.1 Regime development

  Though there will continue to be a need for segregated accommodation for politically-motivated prisoners—it is likely that, provided paramilitary violence remains at current levels, by July 2000 this number will have been reduced to around 50 and will further reduce—the focus of prison regimes should alter. As indicated above, it is NIACRO's view that the skills of prison officers should continue to develop to deliver programmes aimed at concentrating more on rehabilitation as well as containment of those convicted to custody by the courts. In association with PBNI and other groups, we should like to see regime diversification so that a range of programmes could be delivered as follows:

—  anger management;

—  addiction management;

—  confronting violence including domestic violence;

—  confronting offending behaviour;

—  parenting skills including an understanding of children's development and communication skills (this is an area in which NIACRO would be keen to be involved. Ideally, a concentrated parenting skills programme for prisoners with children should be conducted as part of a pre-release preparation programme);

—  sex offending management and treatment.

  Such programmes should also include enhanced sentence planning and an intensified preparation for release. Included in this is the question of intensified training and placements so that prisoners are given increased opportunity for gainful employment on release, a factor which is universally recognised as reducing the likelihood of recidivism. Such programmes, training and placements should ideally begin inside prison so that this is one less rupture to the prisoner's life on release.

  In relation to the variety of programmes, the received wisdom has been that they should not be mandatory. However, NIACRO feels that it would be appropriate to review this approach. It may be, for example, that some courses should be mandatory. It may also be possible to introduce inducements for prisoners who avail of them. In our experience, one of the difficulties of making such programmes purely voluntary is that a "macho" culture among prisoners prevents serious consideration of the arguments for and against participation. If on the other hand, everyone had to attend something, it would make it less difficult for those who may have some interest but feel don't want to be different from their peers.

4.2 Small secure unit for mentally-disturbed individuals

  Research produced by the Voluntary Sector Sex Offender Working Group (see paragraph 37, Sex Offenders in the Community, NIACRO, 1997) identified the need for a small secure unit for mentally disturbed individuals including some sex offenders in Northern Ireland. Notwithstanding the fact that many of those who may require to be housed in such a unit might be described as mentally disordered, it would be important that the Prison Service be involved in quantifying the scale of any such initiative. Some of the inmates of such a unit will be convicted by the courts on the basis of proven offences. However, the report mentioned above also called for a review pending amendment of mental health legislation so that some individuals might also end up in the secure unit via a mental health route. It has been estimated that such a secure unit may be required for around 20 individuals. In NIACRO's view, collaboration between PBNI, the Prison Service and relevant psychiatrists could lead to the establishment of a specialised and innovative unit to deal with the difficult issue of managing and treating dangerous sexually-abusive individuals safely, effectively, fairly and efficiently.

4.3 Women prisoners

  The numbers of women prisoners in Northern Ireland has always been small. With the release of current IRA women prisoners, the numbers will be even smaller. However, the smallness in numbers should not lead to a situation where the specific needs of women prisoners are overlooked. Rather NIACRO would see a situation where a female unit within the overall prison establishment could be developed as a model of excellence with an enhanced regime catering for the women inmates. Most "ordinary"—as opposed to politically-motivated—women prisoners in Northern Ireland are there as a result of poverty or fine-defaulting and are on relatively short-term sentences. Regime development should proceed on the basis that training for successful employment is given a priority. Some women prisoners may also have difficulty in parenting skills which should be catered for by way of intensive pre-release programmes.

4.4 Other establishment considerations

  4.4.1 Separation of remand and sentenced prisoners

  NIACRO believes strongly that remand and sentenced prisoners be kept separately. This principle for prisoner accommodation is one which should be entrenched in the new environment when there should be over capacity of prison places for a reduced prison population. Rather than simply closing down unused buildings, consideration should be given to the possibility of a separate prison for remand prisoners. Innovative use of bail support schemes would also mean a reduced remand population (see pages 14+15, Justice, Safety and Openness).

  4.4.2 Female YOC

  It is unacceptable that female children are held in an adult prison as currently happens with the female YOC in Maghaberry. While we understand the difficulties involved in managing such a small population (which will routinely range from none to two or three) of difficult girls it is NIACRO's view that an alternative arrangement should be a priority. We further understand that there is no disagreement in principal to alternatives from the management of the Prison Service. Rather it is a question of finding a practicable arrangement. Accordingly, NIACRO has suggested the idea of non-custodial and intensive supervision in the community. For the numbers involved, we do not think that this is an impossibility.

  4.4.3 Regional services

  NIACRO believes that there is a need for local prison establishments. Thus it would be important that Magilligan prison remains as a key element of overall prison strategy. For normal sentenced prisoners from the West and North of Northern Ireland, this should be the prison in which they can expect to serve their sentence. This would ease the burden of travel for families.

4.5 Family contact and child visits

  NIACRO has for many years been involved in the provision of services to prisoners' families through visitors centres and care for children inside visiting areas. Through involvement in these services, NIACRO feels strongly that families' concerns can often appear secondary to the requirements of safe custody in the minds of prison managers. It is important to state, however, that NIACRO welcomes the stress that has developed in prison policy on the maintenance of family contacts. This should be developed in future from two perspectives.

  Firstly, maintaining and strengthening family contacts can make the transition from prison back to society on release less traumatic and dis-locating. In this context, the likelihood of rehabilitation for prisoners will be improved if family links are maintained and the prisoner has a strong network of relationships in which to participate on release. Secondarily, however, NIACRO feels that more stress should be placed on maintaining relationships for the children of prisoners who are, in many ways, innocent victims of their parent's crime.

  Much research has shown that having had a parent in jail is a common characteristic of serving prisoners. The stress and dysfunction of arrest, trial and subsequent imprisonment can clearly have a traumatic effect on children affected. From this perspective, NIACRO believes that much work could be done to try and minimise the trauma for the child. In terms of the period of imprisonment, NIACRO is exploring ways in which quality contact between the prisoner and her/his children can be maximised without compromising security considerations. In particular, we feel that the Prison Service needs to assess the possibilities of child only visits. While child-friendly arrangements in the visiting area have improved the visiting experience considerably for children, the quality of the unique relationship between child and imprisoned parent needs to be developed to allow for child only visits.

5. CONCLUSION

  Clearly, one way of approaching these changes is to imagine that there may be significant savings to be gained for the public exchequer. In NIACRO's view, such an approach would be unfortunate. Rather, the process of change should be viewed as an opportunity for re-directing resources to ensure that the Prison Service can establish and promote centres of excellence which can be viewed as a model for other prison agencies throughout Ireland and Britain.

Michael Ritchie

20 May 1998

ENCLOSURES[1]

  Justice, Safety and Openness, NIACRO.

  Sex Offenders in the Community, Voluntary Sector Sex Offender Working Group, 1997, published by NIACRO.

  Sex Offenders in the Community, Report of a Conference held by the Voluntary Sector Sex Offender Working Group, 1997, Published by NIACRO.

  Contact between prisoners and their families: the need for child-centered visits, NIACRO draft discussion paper, 1998.

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1   Not printed. Back

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Prepared 18 September 1998