Thomas Pringle (Donegal South West, Independent)
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3. To ask the Minister for Foreign Affairs and Trade in view of the recent stocktake report on the August 2010 prison agreement in Maghaberry Prison, if he has any contact with the Northern Ireland Office in regard to the independent assessment of the rationale for the ongoing isolation of certain prisoners held in the care and supervision unit; and if he will make a statement on the matter. [2919/15]

Thomas Pringle (Donegal South West, Independent)
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This question relates to the stocktake report, which was published before Christmas, on the August 2010 prison agreement in Maghaberry prison and the ongoing isolation of prisoners in the care and supervision unit, the CSU. Some prisoners have been there for years at the behest of the Northern Ireland Office. The stocktake report recommended an independent assessment of the rationale for keeping prisoners in the CSU. What contact has the Minister had with the Northern Ireland Office in regard to it?

Charles Flanagan (Laois-Offaly, Fine Gael)
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I am aware that the Deputy has concerns about this matter. I will refer to previous questions on the record of the House in this regard. The current system of accommodating republican and loyalist prisoners in Northern Ireland separately from each other and from the rest of the prison population was established in Maghaberry Prison in 2003. Decisions on who can be admitted to the separated regime are made by the Secretary of State for Northern Ireland. This did not change with the devolution of policing and justice powers to Northern Ireland in 2010, since access to the separated regime is deemed to be a matter of national security and hence a reserved power.

I wish to confirm again to the Deputy that the Government has on a number of occasions raised humanitarian issues in certain prisoner cases directly with the Northern Ireland Office and with the Prisoner Ombudsman and will continue to do so, as appropriate.

On 15 January, I met one of the independent assessors who concluded the recent stocktake report on the 2010 agreement. That report states that not all the principles of the August 2010 agreement have been adhered to nor have all undertakings been acted on. The stocktake report provides a six-month timeline for implementing its recommendations and thereby resolving the outstanding issues. It is my view that the report, if properly implemented, offers an opportunity to create a conflict-free environment in the prison. The Northern Ireland Minister for Justice, David Ford, has accepted the stocktake report. The report also recommends that the Northern Ireland Office should clarify eligibility criteria for access to Roe House for separated paramilitary prisoners. There should also be an independent assessment of the rationale for the isolation of prisoners and an appropriate appeal process.

Following up on these recommendations is also currently part of a regular dialogue between my officials and their Northern Ireland Office counterparts. At my request, my officials have raised these issues and have been informed by the Northern Ireland Office that it is still considering its response to these recommendations. My officials have reminded the British side of our continuing interest in the humanitarian welfare of those prisoners in the separated regime.

Thomas Pringle (Donegal South West, Independent)
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I thank the Minister for his response. It is very important that the independent assessment of the rationale for isolating prisoners in the CSU is carried out. In correspondence I have had with the Northern Ireland Office and the Prison Service of Northern Ireland, it seems they are both playing off each other with one saying it is the others responsibility but with nobody taking responsibility for it.

We have been informed that the Secretary of State for Northern Ireland decides who is separated from the separated prisoners, which is the case in point here in relation to the care and supervision unit. There were five prisoners in the unit. I think two of them have been released at this stage. They have been separated for over three years. They are even in isolation from other isolated prisoners. It is a human rights situation. It is in the interests of removing the seeds of future conflict that these issues be dealt with. It would be important to impress on the Northern Ireland Office the need for this rationale to be looked at. Those in the office need to accept responsibility for the isolation of these prisoners within the prison - it is happening on their orders - and they need to deal with it.

Charles Flanagan (Laois-Offaly, Fine Gael)
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The Deputy will be aware that it is generally accepted, including by the Northern Ireland authorities, that conditions in Maghaberry Prison are not ideal. That is why I believe it is important that every opportunity be given to allow for the recommendations of the recent stocktake report to take place. There is an element of independence, as the Deputy mentioned. The Northern Ireland Prison Service has accepted the report's recommendation that the prison forum meeting should take place. The service will engage with the forum. Meetings will take place every two months. The agenda will be agreed a week in advance. I understand that Tom Miller, who is a former principal officer in the Northern Ireland Prison Service, has been appointed as chair of the prisoner forum. I accept the Deputy's contention that there have been some difficulties on the prisoner side regarding the acceptability of certain issues. I appreciate that there is an element of tension. I believe the resolution of the difficulties is a matter of ongoing work. I assure the Deputy that I will continue to monitor matters on a regular basis to ensure a certain balance is achieved. I accept that timelines are important. I was very satisfied with the outcome of my meeting last week. Officials from my Department will continue to monitor the process of implementing the stocktake report.

Thomas Pringle (Donegal South West, Independent)
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I have to go back to the independent assessment of the rationale for the care and supervision unit. It seems to me that neither the Northern Ireland Office nor the Northern Ireland Prison Service will carry out that assessment. They are both kicking it over and back between each other. This was recommended as part of the independent assessment of the 2010 agreement. If they have accepted the recommendations, this independent assessment should take place. I ask the Minister to step up his communications with the Northern Ireland authorities on the independent assessment of the rationale for the care and supervision unit. He needs to make sure that actually takes place.

Charles Flanagan (Laois-Offaly, Fine Gael)
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I remind the Deputy that while conditions in Maghaberry Prison are not ideal, there are people in that prison who have been convicted of the most serious and grave offences. The continued threats against prison officers and prison personnel are a cause of very serious concern and must be condemned at every opportunity. I believe Maghaberry Prison must be seen in the context of overall prison reform. An early priority of the Northern Ireland Department of Justice was the commissioning of a major report on prison reform. This was subsequently published as the Owers report. I agree with the analysis of Minister David Ford, with whom I have continual contact on these and other issues, that "the delivery of a reformed justice system has a major part to play in building and protecting a more positive future" for Northern Ireland. I thank the Deputy for raising this issue. I will continue to keep in contact with Members of the House on it. I am sure the Deputy will avail of opportunities to meet those who are involved in this matter, particularly those who are engaged in the formulation of reports.