Clare Daly (Dublin North, United Left)
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3. To ask the Minister for Foreign Affairs and Trade if he has had discussions with the Northern Ireland Justice Minister, Mr David Ford, MLA, or the British Secretary of State for Northern Ireland, Ms Theresa Villiers, MP, in respect of the International Red Cross process in Maghaberry and the public announcement of a new regime for political prisoners, and the implications of same; and if he will make a statement on the matter. [45530/15]

Clare Daly (Dublin North, United Left)
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This question, which is tabled on behalf of the group of cross-party Deputies who regularly visit Maghaberry Prison, comes on the back of the damning inspection of that prison. The Minister is aware that there have been various initiatives to try to get the 2010 agreement implemented, including a stock-take report, but we have come to the conclusion that there must be another agenda at play because there does not appear to be any desire on the part of the prison authorities for a resolution. Has the Minister raised this issue with the various Northern Ministers and what is his reading of the International Red Cross process, which seems to be at a crossroads?

Charles Flanagan (Laois-Offaly, Fine Gael)
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Last Friday, I met Northern Ireland's Minister of Justice, Mr. David Ford. We discussed in detail the situation at Maghaberry Prison, including the regime for separated prisoners. My last meeting with the Secretary of State, Ms Theresa Villiers, MP, was on 17 November as we concluded the negotiation of the fresh start agreement. We will meet before the end of this month when I will again raise non-devolved matters relating to Maghaberry with her directly.

It is my understanding that there are no proposals to change the current regime for separated prisoners at the prison. Implementation of the independent assessment team recommendations remains the responsibility of the Northern Ireland Prison Service.

In our discussion last week, the Minister, Mr. Ford, MLA, noted that while there had been some progress, full implementation had been affected by trust issues arising, in part from the sense of a threat to staff. This echoed a statement from the Northern Ireland Prison Service qualifying its commitment to the recommendations by making them conditional on an “an environment where staff are free from threat and intimidation”.

The naming of individuals by prisoners in public statements may not have been intended by them to be seen as threatening. However, having read their statements, I can understand if those named were to consider them intimidatory. It is my strong view that the full implementation of the recommendations of the independent assessment team is dependent on the establishment of a reasonable level of trust between the relevant prisoners and prison staff. The Deputy will agree that there must be a regime of trust.

Among the challenges I discussed with the Minister, Mr. Ford, MLA, were the obstacles to the operation of the prison forum which, since July 2015, has been chaired by a representative of the International Committee of the Red Cross. A functioning forum would make an important contribution to reducing tensions in Maghaberry. My officials maintain regular contact with the chair of the prison forum and also with the members of the independent assessment team.

Clare Daly (Dublin North, United Left)
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I am glad the Minister has raised the issues with the Minister, Mr. Ford, MLA. We are very concerned about what is happening there at present. We do not agree with the assessment by the Minister, Mr. Ford, MLA, that progress has been made. In fact, the proposals which were put forward, not by the prisoners but by the International Committee of the Red Cross, have been stymied by prison authorities. We continue to come back to this mysterious threat scenario, but it must be put on record that there is no factual basis for any threats. Prison officers have been attacked in other parts of the prison, not in the segregated wing. Indeed, it is a fact that two senior governors were caught on closed circuit television, CCTV, on 5 November last falsifying a threat from a republican prisoner. This has been referred to the Prisoner Ombudsman for Northern Ireland and legal representatives.

This tactic is being used to delay and stymie the process. We believe a progressive system should be put in place, and obviously one that does not compromise security. I do not believe the Minister is being given the full version of the story. I will make a point later about the security forces, but I believe their hand is at play in this.

Charles Flanagan (Laois-Offaly, Fine Gael)
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All Deputies will agree that there is no room or place for any form of threats or intimidation, implied or otherwise. It is important to make that absolutely clear in the context of a functioning democracy.

In the course of my meeting with the Minister, Mr. Ford, MLA, he updated me on progress in the implementation of the recommendations of the recent report by the criminal justice inspector, Brendan McGuigan, into conditions in the prison. I expressed my concerns about the deficiencies identified within the prison, which affect the entire prison population and prison staff and not just those in the separated regime. It is a matter of concern that the inspectors found that the demands of the separated unit are undermining the work of the entire prison, to the detriment of the majority of the prison population. One of my officials met yesterday with the criminal justice inspector to discuss the findings of the report and they have agreed to remain in contact. The criminal justice inspector will return to Maghaberry in January to monitor progress. I hope he will be able to report that significant progress has been made in terms of improving outcomes for all prisoners at Maghaberry.

Clare Daly (Dublin North, United Left)
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We have met loyalist and republican prisoners who are involved in this process. Both sides are unhappy, but the republican side is more unhappy. That probably reflects the cultural problems there. That is important. The issue of threats continues to be used. Obviously, we would oppose any threats occurring, but there is no evidence of any threats and no activity of a negative character has taken place in the segregated wing against any staff. On the other hand, we see the hand of the security forces and MI5, in particular, operating in the prison. It is a fact that there is a close link between the DUP and the POA. Some of the problems that had to be addressed in the PSNI, and I am not saying that they are resolved, relating to the cultural background of staff still exist in the Northern Ireland Prison Service. It must be broken up, as it were, and there must be an overhaul of prison staff if there is to be equity and a regime that is respectful of human rights.

I am glad the Minister is raising this issue, but we are only hearing one side of the story. Throwing out the idea that there was going to be a new regime onto the back of this stalled process rang alarm bells. That type of operation would not be acceptable to anybody and would aggravate the situation even further.

Charles Flanagan (Laois-Offaly, Fine Gael)
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In general, it is important that we continue to report progress on the matter of prison reform in Northern Ireland. Comprehensive reform of the Northern Ireland Prison Service based on the October 2011 review conducted by Dame Anne Owers concluded in March this year. It is disappointing that, despite the prison reform process, the inspection report found that conditions for prisoners under the categories of safety, respect and purposeful activity had all deteriorated. Only in the area of resettlement were prisoners experiencing acceptable outcomes. However, I assure the Deputy that both I and my officials will continue to monitor the situation. The recommendations contained in the inspection report are an agenda for change and I am anxious that we will see change and can chart progress in that regard. I was pleased to hear from the Minister, Mr. Ford, MLA, that progress is being made on this issue. I look forward to seeing this progress being demonstrated when the inspectors return in January.