APPENDIX 8
Memorandum submitted by NIACRO
INTRODUCTION
NIACRO is an independent, non-profit making,
voluntary organisation seeking to act as an agent of social change.
We work to achieve a just, humane and effective criminal justice
system. The organisation's strategic aims are as follows:
1. Promoting Safer Communities
2. Working with Children and Young People Who
Offend
3. Providing Services to Families and Children
of Offenders
4. Supporting Offenders and Ex-prisoners in
the Community
5. Working with Prisoners
6. Influencing Policy Makers and the General
Public
7. Applying Resources Effectively
BACKGROUND
On Tuesday 19 August 2003 NIACRO met with members
of the Steele Review and submitted the document attached as Annex
1. This document formed the basis of NIACRO's representation to
the Steele Review.
NIACRO had been conscious that during the previous
year there had been an increase in the amount of activity both
inside and outside Maghaberry around the issue of segregation
or separation. This activity would appear to have been orchestrated
by dissident republicans and would also include individuals with
some relationship with loyalist paramilitary organisations.
NIACRO's interest in the current issues stem
from the fact that the organisation contributed significantly
to what was the early release programme as part of the Good Friday
Agreement. We are also currently providing resettlement services
within all three prison establishments.
NIACRO would take a view that implicit within
the Good Friday Agreement the status of all prisoners, after the
early release programme had been finalised, could be designated
as "ordinary" as opposed to politically motivated.
However the reality of the current situation
reflects the broader political analysis that Northern Ireland
is in a period of transition. The expanding profile of the existing
prison population reflects this.
The "ordinary" prison population historically,
in relation to the conflict, formed a significant percentage of
the entire prison population. It is only relatively recently that
this grouping have formed the majority of the prison population.
As a consequence there has been a change in the management of
prisons, particularly Maghaberry. Whereas historically the prison
management style could be described as primarily concerned with
containment—in recent years, reflecting the change of the
prisoner profile, there has been a shift towards the incorporation
of a resettlement strategy. Resettlement work has always been
a feature of the prison regimes however it is true to say that
it has become more evident during the recent past specifically
since the early release scheme became operationalised.
The ordinary prison population has been around
1,000 individuals at any one time during the past thirty years.
While at one time prison estates catered for approximately 3,500.
During a meeting with the NI Prison Service
approximately one year previous to the Steele Review, NIACRO attempted
to engage in discussion on the issue of the likelihood of unrest
within the prison system. This discussion focused on those individuals
who had connections with dissident republicanism and loyalism.
This discussion did not develop or reach any conclusion as it
was clear that it was the view within NIPS that an integrationist
strategy was being pursued. At the time there did not appear to
be room for any alternative.
NIACRO would acknowledge that in an ideal world
the prison population should be integrated as far as possible
underpinned by Duty to Care principles and taking account of health
and safety issues.
We would also acknowledge that all prisoners
should have equality of access to services namely medical, educational
and social. Furthermore we acknowledge that the departure from
a broadly integrated prison strategy is likely to have resource
implications.
Impact during spring and summer 2003
This period saw a significant increase in negative
activities both within and outside Maghaberry. Some prisoners
were involved in a "dirty protest" and there were incidents
of violence within the prison and roof top protests. Apparently
connected, there were also incidents outside Maghaberry involving
bomb hoaxes and attacks on prison officers.
NIACRO was aware that as a consequence of the
protests the prison has been "locked down" for a period
of four weeks resulting in the lack of workshop and education
provision. Inmates not connected with the protests were expressing
anger as regards the "lock downs" and their negative
impact on day to day prison life.
The protests have also impacted on regime status.
Those who have achieved enhanced regime status find that this
became irrelevant during "lock downs". These inmates
were left feeling that it had not been worth their while to have
achieved enhanced status.
Staffing and family visits
Staff sickness amongst the prison officers appears
to have increased causing further problems eg workshops that were
going to re-open last week (October 2003) were prevented from
doing so due to further staff sickness.
Visits to Bush and Roe House have been cancelled
due to roof top protests and overall visiting days by prisoners'
families have been disrupted.
The protests have had a negative effect on NIACRO
staff and their ability to deliver resettlement programmes to
individuals in conjunction with our partners in the Prison Service.
The protests have also impacted on transport
and general advice giving services provided by NIACRO.
The way forward
In its submission to the Steele Review NIACRO
acknowledged that the introduction of segregation as defined historically—prisoners
controlling their own wings etc was far from being a panacea.
The organisation was conscious that when segregation existed it
generated problems of its own. At least three individuals died
within segregated environments and there were numerous physical
assaults on individuals. NIACRO was therefore not advocating a
return to the segregation of the past.
It has become apparent particularly in the past
year that the Northern Ireland Prison Service is attempting to
drive down costs to bring the prison estates in Northern Ireland
into line with those of Great Britain. It is NIACRO's view that
this attempt to superimpose a GB resourced model onto a prison
system that is in effect in transition is not particularly useful.
It does not recognise the reality on the ground.
NIACRO is conscious that many mechanisms that
have been put in place as a result of the outworkings of the Good
Friday Agreement. These mechanisms and structures have had significant
resource implications which will not be rehearsed here. The question
needs to be asked why the prisons should be exempt from such consequences
particularly given the fact that there is demonstrable linkage
between what is happening in the prison and progress of the peace
process.
NIACRO articulated the fear that the protest
would escalate to the point where more people, prisoners and prison
staff would be subject to further attacks that might ultimately
have resulted in death. NIACRO argued that what was required was
contingency planning that would take account of the situation
on the ground, that protected prisoners and staff and would not
cede the authority of prison management.
Proposals
During our meeting with the Steele Review Team
NIACRO argued that the prison population should be delineated
on the basis of scheduled and non-scheduled prisoners. NIACRO
was aware that some individuals who had been imprisoned for non-scheduled
offences e.g. drugs were aligning themselves with paramilitary
organisations. NIACRO argued that this should be resisted.
We suggested that there should be pro-active
management of what NIACRO understood to be a scheduled population
of approximately 50 republican and loyalist prisoners.
Furthermore we argued that there should be proactive
management of the "ordinary" population and that access
to services was not disrupted by a small minority.
NIACRO advocated that the NI Prison Service
should give consideration to examining how other jurisdictions
manage similar situations e.g. NIACRO is aware that Portlaise
prison houses at least three differing factions of republicans.
We suggested that the NI Prison Service should
separate scheduled prisoners without ceding control or authority.
Specifically, scheduled prisoners should not be allowed to run
their own areas—prison officers should have access at all
times and the regime as applied to scheduled prisoners should
be the same as the mainstream majority prison population.
NIACRO was and is aware that there are fears
that such an approach would be a concession that may lead to other
concessions ultimately resulting in a situation similar to that
which existed in the Maze in the 1980s and 1990s.
Overall NIACRO would make the following points:
(a) The NI Prison Service has a duty to care
to both prisoners and staff.
(b) There exists a scheduled and non-scheduled
population within the prisons.
(c) The outworkings of the Good Friday Agreement
should be made explicit and there should be further discussion
and debate on the regime of containment for prisoners serving
prison sentences for scheduled offences.
(d) NI Prison Service should be prepared to be
flexible and imaginative in terms of facilitating separation on
the basis of safety rather than political ideology. It has to
be acknowledged that there are resource implications in respect
of separation.
(e) There should be an overall acknowledgement
that the NI Prison Service, like the rest of Northern Ireland
is undergoing a period of transition.
(f) The NI Prison Service should not concede
authority and/or control or be asked to.
(g) All elements of the Criminal Justice System
should support the principle and practice of equality of access
to services by all prisoners.
It is NIACRO's view that if action is taken
on the above lines this will lead to a diffusion of a significant
percentage of the current difficulty.
10 October 2003
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