Ms Pauline McCabe:

I will begin by discussing human rights in general before dealing with the specifics. When I was preparing my presentation, I tried to provide a long list of examples of the kind of areas in respect of which we consider complaints in order to try to demonstrate the extent to which human rights considerations are relevant to and underpin a great deal of our work. That is both in terms of the issues we consider via complaints and also in the context of death-in-custody investigations, where issues relating to the right to life, the protection of individuals and vulnerability are very much at the heart of our work. In the context of how we approach our work, it is absolutely at the centre of everything we do.

On the specific points raised by Deputy Maureen O'Sullivan, in the past three years we have received a large number of complaints from prisoners in Roe House. I mention the latter because the Deputy made particular reference to it. We approach those complaints in the same way we approach all others. We investigate each one in full. Very often these are quite complex investigations because a great many factors come into play in determining what is happening, what should happen, what are the restrictions and - there are different perspectives in this regard - what is possible. In each case we carry out a proper investigation and produce an evidence-based report. We deal - beginning, middle and end of - in evidence and facts. We then make recommendations, where we believe it is appropriate to do so, in the context of ways to address issues which arise.

Where human rights and health care issues arise - we have considered several cases where matters relating to health care have been at least part of the complaint made - we make recommendations. On foot of the recommendations we have made over the three years, a great deal of action has been taken. In the past few weeks, in the aftermath of the conclusion of the most recent protest, we have continued to receive a significant number of complaints from republican prisoners. This demonstrates that there is an absolute recognition of the completely independent and impartial way in which we do our job, analyse the evidence and - where we deem appropriate - make recommendations which are helpful and constructive. There have been many instances where we have carried out investigations and come to the view that something which was happening was not appropriate. In such circumstances, we resolved that, with a degree of creativity, there were better ways of addressing issues. We have been influential, through our recommendations, in changing things. There are other instances where we investigate and where we arrive at the view that, in all the circumstances, the Northern Ireland Prison Services is doing everything reasonably possible. When we come across such cases, we highlight them. That is my particular experience.

In the context of people being held in isolation and as the Chairman explained, I cannot discuss individual cases. However, this is a subject which concerns me greatly. In the case of individual prisoners who have been held completely on their own in separate conditions, I have never received any specific complaints to investigate. I would have contact from solicitors and family members and I make a point of ensuring that they know what they need to do if they wish to bring a complaint to me in order that I might carry out an independent investigation.

I make it my business to keep abreast of what is happening in prisons because context is everything when I am examining complaints and making appropriate recommendations. It would be my impression that, in very difficult circumstances, it is generally the case that the Northern Ireland Prison Service tries very hard to provide the best regime possible. I have received complaints from other prisoners about the fact that the Northern Ireland Prison Service has made special efforts - on foot of concerns about isolation and people being held on their own - to ensure there is ample family contact for individuals. The latter can cause great difficulties, particularly for women prisoners, who would dearly love to enjoy the same level of family contact and who feel aggrieved that the same facility is not accorded to them.

When we carry out an investigation, we try to consider the complaint comprehensively and take on board all of the issues and challenges involved. What we are always seeking to do is discover whether there is an appropriate and constructive recommendation which we can make and which might be helpful. I have considered many complaints in respect of prisoners held in the care and supervision unit, CSU, for long periods. I have clearly stated in my reports - I have also made recommendations in this regard - that the quality of regime we can offer prisoners incarcerated in the CSU presents serious challenges. I am concerned about this matter and I am currently dealing with complaints from people held in the CSU. I will be reconsidering the position with regard to what we are providing and making recommendations if I deem it appropriate to do so.

There are circumstances which present real challenges for the Northern Ireland Prison Service, not least where there is massive overcrowding and where there is huge pressure on resources. For example, there are a great many prisoners in Maghaberry who are sharing cells at present. Even when there is a real wish to be constructive, all sorts of practical difficulties can arise. There are occasions on which we also consider the extent of the wish to be constructive. We survey everything in the round and try to ensure that we make evidence-based findings and recommendations.

On strip searches or full-body searches, as we refer to them, the question the Deputy posed really needs to be addressed to the Northern Ireland Prison Service. From a human rights perspective, we have always stated our belief that searching should be as non-intrusive as possible. There is a major issue with drugs in Northern Ireland prisons. We have reported a number of deaths in custody recently in which there is every chance that medication and drug abuse may have played a part. It is clearly the case that, in terms of self-harm, drugs are an absolute scourge with which we really must deal. Searches should be as non-invasive and dignified as possible, not least because we must also cater for the needs of prisoners with mental health problems and learning difficulties. We have always advocated that every effort should be made to identify methodologies which will ensure that the Northern Ireland Prison Service can do its job in the most respectful way possible.

In terms of the Minister and the Parole Commission, I am very much complaint-led. I would have regular meetings with the Minister, with each of the political parties, with the governors and the director general and all stakeholders, including the Criminal Justice Inspectorate and the RQIA, and I believe we can increase the value of returns of our efforts by working supportively and being knowledgeable about one another's work. I try to influence the progression of the prison reform programme, and I will explain that. When I am examining issues such as, for example, prisoners complaining about the regime or lock-down, in many instances I am extremely concerned about the quality of what we are offering. I am also very conscious that in circumstances where I have a very good understanding of where we are at and what we are trying to achieve - there is a good deal of churn at the moment because many people are leaving and new officers are coming in - that if I make recommendations that cannot currently be delivered, I can create expectations and simply make a bad situation worse. We concentrate our efforts on recommendations that can be delivered. We look at what is going on locally and see if there are ways that we can do better. We also spend a good deal of time talking to prisoners and explaining the reasons for the decisions and what we are trying to achieve through the prison reform programme. Given that we take that responsible approach, we believe we have an absolute duty and responsibility to do everything we possibly can to push the prison reform programme ahead, to speak out when we believe it is not doing what it needs to do and to try to influence the decisions that are made along the way.

With regard to the Parole Commission, we look at specific cases. If I get a complaint from a prisoner who feels that there may be issues related to the report that was put to the Parole Commission or that are likely to arise, or about the way that certain aspects of his or her co-operation with the regime or whatever is being treated and he or she believes it is unjust and unfair, in those circumstances we will carry out a full investigation and on many occasions we have made specific recommendations which have resulted in changes to what would happen with the Parole Commission. I am fully informed about its work but I do not have any week-to-week engagement with it in terms of the job it does.