Dáil debates

Thursday, 3 May 2012

Topical Issue Debate

Human Rights Issues

3:00 pm

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
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I thank the Ceann Comhairle for allowing us to raise this matter. The issue of the prisoners in Maghaberry Prison has been long neglected and is getting very little publicity. We are not talking about the political views of these prisoners, but the human rights conditions in which they have been held for quite a while. I will discuss the case of Marion Price, while Deputy Pringle will speak about two other prisoners.

Until February, Marion Price was held practically in solitary confinement in an all male prison. She has now been moved to a so-called health centre, which I do not believe is addressing her health issues. There are questions about the lawfulness of her detention and the term "administrative internment" is also being used. She was re-arrested when she was out on bail on the order of the Secretary of State, so I think there are issues here about the independence of the Judiciary.

I followed up on prisoner rights and human rights issues for prisoners in China, Iran and Bahrain recently, and then I discovered that this was an issue just 100 km up the road. I tabled a question to the Minister for Justice and Equality in January, who told me that the Tánaiste was in discussions with the Minister of State in Northern Ireland. I then followed that with two questions to the Tánaiste and the gist of his response was that the situation was being monitored. More definite detail is needed on this. What exactly is going on? Does the Tánaiste feel that he has role on a prisoner rights and human rights issue up the road in Northern Ireland?

Photo of Thomas PringleThomas Pringle (Donegal South West, Independent)
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I thank the Ceann Comhairle for giving me the opportunity to raise this issue. As Deputy O'Sullivan has outlined, this is a very important human rights issue on the island of Ireland that we need to address. Many Members have been quick to raise issues in Tibet, China and elsewhere, but we need to be cognisant of what is happening on our own island to Irish citizens.

There is an agreement in Maghaberry between the Department of Justice in Northern Ireland and the prisoners that will resolve the protests that have been going on there for the last few years, but the Northern Ireland Prison Service refuses to implement that agreement. This means that the conditions under the prisoners have to live are continuing. I impress on the Tánaiste and the Minister of State, Deputy Costello, the need to make forceful representations to the Minister for Justice in the Six Counties, and to the Northern Ireland Prison Service, to ensure that this agreement is implemented so that the protest can be ended and the prisoners can complete their sentences in some sort of dignity.

I also wish to raise the specific case of Brian Shivers, who is currently being held in Maghaberry as well, awaiting appeal for a conviction that he received a few months ago. Mr. Shivers suffers from cystic fibrosis and he is 46 years old. Life expectancy in the UK for sufferers of cystic fibrosis is 39 years, so he has already exceeded that. He has been denied medical treatment in Maghaberry Prison for the last six weeks by the Northern Ireland Prison Service. The service has refused to give him his medication so he can alleviate his condition, and it is a very serious issue for an Irish citizen to be held in those conditions. There is correspondence from the South Eastern Health and Social Care Trust, which has agreed to offer training to prison staff to administer his medication in a proper manner, but this has not been availed of to date.

I wrote to the Tánaiste on 20 April in relation to this issue but, as yet, I have not even received an acknowledgment from him. It is vitally important that these matters be brought up forcefully. On human rights grounds, prisoners should be treated with respect and dignity.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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I thank both Deputies for putting the case for prisoners' in Maghaberry Prison so succinctly.

The Government is aware of a number of concerns which have been expressed regarding human rights conditions of prisoners currently being held in Maghaberry Prison in Northern Ireland. The Tánaiste has raised the issue with authorities in Northern Ireland on a number of occasions, most recently on 27 April with the Secretary of State for Northern Ireland, Owen Paterson, and on 20 April with the Minister of Justice in the Northern Ireland Assembly, David Ford.

There are a number of ongoing issues concerning a group of prisoners held in a separated prisoners' regime in Maghaberry. This group has been on dirty protest since May 2011 over conditions and practices in the prison, particularly the use of full body searches. This is a highly contentious and emotive issue and I understand that concerted efforts have been made to facilitate an agreement which would see a regime put in place acceptable to all parties. Recent incidents in Maghaberry Prison have made these efforts more difficult, as any agreement would need to balance the security concerns of the prison authorities with the issues raised by the prisoners.

I welcome the recent announcement by Minister Ford that full body scanner devices are to be used in a trial pilot scheme in Maghaberry Prison. The use of such technology might address the concerns of prisoners regarding a full body search regime.

In a wider context, huge progress has been made by the Northern Ireland Department of Justice and the Northern Ireland Prison Service in relation to implementing the recommendations of the Owers report for prison reform. This report outlined a series of reforms which will fundamentally change how prisons are operated and organised in Northern Ireland. The report team undertook a 360 degree review of the prison system and had a very strong focus on how best to protect the human rights of prisoners. Minister Ford, in a recent conversation with the Tánaiste, spoke positively of how the implementation of the report's recommendations was progressing and there is no doubt as to his commitment to reforming the prison services to the benefit of all stakeholders. The full implementation of the Owers report will be the most effective way to ensure that human rights of all prisoners in Northern Ireland, not just in Maghaberry Prison, are fully observed.

Department of Foreign Affairs and Trade officials have been instructed to continue to monitor any further developments on these issues. The Government will continue to take an active interest in this subject and will make appropriate representations where necessary.

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
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I thank the Minister of State for the reply, but it is disappointing. I am sure the Minister of State is also disappointed because I know of his role in prisoners' issues in Dublin Central and with my predecessor, the late Tony Gregory.

The Pat Finucane Centre, which is a non-party political and anti-sectarian human rights group committed to the non-violent resolution of conflict situations has taken these issues up and has been in touch with the Tánaiste. I wonder if he has responded to the centre.

Terms like "aware of", "raised issues" and "continue to monitor" sound very nice but there is no action behind them. Meanwhile the situation in Maghaberry has been ongoing for almost a year. Reforms are never worth the paper they are written on unless they are implemented. From the Minister of State's answer it sounds as though these issues are being kicked to touch. There has been reform and a report and everything is going to be fine, but in the meantime there are serious health and human rights issues for the prisoners.

We did not mention another prisoner, Gerry McGeough, and I know there are others besides the three we mentioned.

Photo of Thomas PringleThomas Pringle (Donegal South West, Independent)
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Like Deputy O'Sullivan, I am disappointed by the Minister of State's response. A sense of urgency needs to be impressed on Department officials when they are dealing with their counterparts in the Six Counties to ensure the reforms are implemented without delay.

The introduction of full body scanners might go some way to relieving the conditions in Maghaberry, particularly for prisoners who are strip searched on numerous occasions on days when they receive several visits. That should not be allowed to continue in any civilised society. It merely heightens the sense of conflict and deteriorates the situation even further.

I ask that the Tánaiste make representations regarding Brian Chivers. His life is at risk due to his illness and his life expectancy will be curtailed by the conditions in which he is being forced to live. He is being denied life-saving and life-maintaining medical treatment. That is not acceptable in this country in this day and age.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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I take on board what the Deputies said. I will speak to the Tánaiste about the matter. He spoke to the Minister for Justice, David Ford, and the Secretary of State for Northern Ireland, Owen Paterson, in April. I will bring the issues the Deputies raised to the Tánaiste's attention.

I do not propose to discuss the individual cases the Deputies mentioned. I appreciate the necessity to take early action regarding the medical situation referred to. I hope there can be an early resolution to these matters. We do not want to go back from the Good Friday Agreement. There is still dissident activity in Northern Ireland and in the prison context, but we want to get overall agreement. I understand the authorities in Northern Ireland are seeking to get that agreement.

I will speak to the Tánaiste about the matter and encourage him to bring his good offices to bear to resolve the matter as quickly as possible.