AQW 7796/11-15

Mr Stewart Dickson
Alliance Party
East Antrim

Tabled Date: 07/02/2012
Answered On Date: 22/02/2012
Priority Written: No

Question:
To ask the Minister of Justice for an update on the steps that have been taken to implement the agreement made by the Prison Service in August 2010 on the management of separated prisoners.

Answer:

In line with the agreement of August 2010 NIPS has taken a number of steps which have led to significant improvements for separated republican prisoners in Roe House. These include:

improved access to association in the recreation room, exercise yard and astro-turf pitch and the introduction of inter-cell association and communal dining for prisoners in Roe 3 and 4;

a prisoner forum, established in August 2010;

a review of search technology; and

the introduction of significant changes to search arrangements which have eliminated the need for rub down searching on the landings (with the exception of Roe 4 where it has been necessary to reintroduce rubdown searching in response to the actions of protesting prisoners on that landing), and removed the requirement for separated prisoners to be routinely full body searched within the prison.

The installation of a new search facility, located within the separated complex, which enables prisoners entering or leaving Roe House to be searched by means of a full rub down search combined with the use of electronic devices including an airport style scanner, hand held metal detector, and BOSS Chair.

A detailed breakdown of the elements of the agreement, and action taken in relation to each is attached.

Whilst the requirement for full body searching has been significantly reduced, prisoners are still required to undergo a full body search on entry to and exit from the prison. I am satisfied that this requirement is consistent with the agreement, and I consider those elements of the agreement relating to searching to be implemented in full.

Despite these efforts to implement the agreement, a significant number of separated republican prisoners have chosen to re-engage in protest action. Consequently, these prisoners are currently subject to a restricted regime and are unable to avail of the full regime. In addition, a number of prisoners who are not participating in the dirty protest have nonetheless chosen not to avail of all of the facilities available.

Under the agreement, those elements relating to the relaxation of controlled movement were to be implemented on a phased basis, contingent on the fundamental principles of the agreement being upheld by both parties. Whilst both NIPS and I remain committed to this aim, it is difficult to see how further progress can be made on these elements in the context of ongoing protest action in Roe House.

Nevertheless, I remain committed to the full implementation of the agreement and to making every possible effort to resolve the current protest as soon as possible.

In addition to the steps taken under the agreement, NIPS has completed a further review of search technology, in line with a recommendation made by the Prison Review Team. I am currently considering the findings of that review.

ANNEX A

Issues	Status
Prisoner Forum
An effective Prisoner Forum will be established	Actioned: Prisoner Forum was established in August 2010 to meet regularly on a monthly basis.
Searching
No random full body searching will take place on the way to domestic and legal visits and the videolink or from the SSU	Actioned: Procedures revised.
No “rub-down” searching internally within Roe 3 and 4	Actioned: Unfortunately, in response to the ongoing protest action by prisoners on Roe 4, rub down searching has had to be re introduced internally on that landing. In line with the August agreement and the actions of prisoners on Roe 3, rub down searches are not carried out on that landing.
NIPS will introduce a new search facility and revised search policy for separated prisoners… which will remove the requirement for routine full-body searching of separated prisoners within the prison	Actioned: New search facility has been put in place, with a BOSS Chair installed and is operational. This new facility has removed the requirement for routine full-body searching within the prison. For security reasons there is still a requirement for full-body searching where a prisoner enters or exits the prison.
Where full body search is required because of positive indication or intelligence / suspicion it must be authorised and observed by a supervisor and carried out in a manner which is both sensitive and dignified. The process of searching will be audited and monitored to ensure it complies with human rights standards.	Actioned: Where searches are required they are authorised and observed by the Senior Officer. Searching now subject to auditing and monitoring
Review of full body searching to report by the end of September and agreed recommendations implemented as soon as possible	Actioned: The report was produced by the end of September 2010. However the subsequent independent competitive analysis of the review was delayed considerably due to availability of the independent reviewers. The review was published in January and made no additional recommendations for revisions to search practices in the context of separated prisoners. Subsequent Judicial Review of full body searching, specifically on entry and exit to the prison has ruled that the requirement is lawful and not incompatible with ECHR. In addition, in light of the recommendation by the PRT in its final report (Oct 2011) NIPS has conducted a further review of available and anticipated search technology. This review is now complete and its recommendations are being considered. HMP Holme has submitted an application, under the under the Justification of Practices involving Ionising Radiation Regulations 2004, for use of full body imaging scanners in UK prisons. NIPS is keeping abreast of developments in this area.
Oral searching	Actioned: Although not in the original agreement, in response to concerns raised by prisoners in December 2010, NIPS revised its Security Manual to make the requirement for an oral search (during rub down searches) discretionary rather than mandatory. Oral searches are now only required when there is a suspicion that a prisoner may be concealing an illicit item in his mouth.
Movement / association
Subject to the fundamental principles, NIPS’s aim is to move from the existing arrangements towards a more progressive, supervised free-flow movement system within Roe House on a phased basis:	Ongoing: NIPS remains committed to this aim, and the full implementation of the agreement, subject to the fundamental principles being upheld. However progress towards this goal is – as the agreement makes clear – dependent on adherence to the fundamental principles.
Phase 1 – commencing August 2010: Association within the recreation room, yard and – when it is completed – the astro-turf pitch from 0830 until fifteen minutes before lock-up Considering the wing – for the purposes of movement – as one unit, rather than two landings, to permit a maximum of six prisoners on the landing at any one time, while other prisoners can have access to the kitchen, laundry room, classrooms, showers, ironing and haircutting room.	Actioned: Prior to the resumption of the protest, prisoners were given enhanced association within the recreation room, yard and astro-turf from 0830 until 15 minutes before lock-up. Revised arrangements for moving prisoners were also introduced. Prisoners’ access to these facilities has been affected by the ongoing dirty protest. Those prisoners who are not engaging in dirty protest are nonetheless choosing not to use the recreation room..
Phase 2 – commencing December 2010: In addition to implementing the recommendations of the Prisoner Ombudsman’s report and this agreement, NIPS will take steps to implement agreed recommendations from the Independent Review as quickly as possible	Ongoing The Prison Review Team’s interim report did not contain any specific recommendations on this. Subject to the fundamental principles, NIPS remains committed to the full implementation of the agreement. Whilst NIPS remains committed to the full implementation of the Agreement, it is difficult to see how further progress can be made in relation to moving towards more free-flow movement arrangements in the context of the current ongoing protest action by prisoners in Roe 3 and 4 which is a clear breach of the fundamental principles under the agreement.
Phase 3 NIPS will continue to review and assess ways to further progress supervised free flow movement of prisoners. This will include implementing agreed recommendations – if any – contained in the final independent Prison Review Report.	Ongoing: NIPS remains committed to the agreement. However the agreement set out that the ability to progress, implement and maintain phased changes to movement procedures will be determined by adherence to the fundamental principles. It is difficult to make further progress at this stage in the context of prisoner protests and behaviours which undermine the fundamental principles of the agreement.
Inter-cell association	Actioned: Although not included in the agreement, Inter-cell association was made available to prisoners from 11 March 2011.
Other issues
Assessment Team appointed for continuous monitoring and evidencing of the agreement	Actioned: Assessment Team have conducted assessments and briefed the Minister on a number of occasions.