Maureen O'Sullivan (Dublin Central, Independent)
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26. To ask the Minister for Foreign Affairs and Trade if he will outline his engagement with the authorities in Northern Ireland and Britain on the outstanding issues faced by prisoners in Maghaberry Prison, especially in view of the lack of progress on the agreements reached between the prisoners and the authorities. [30282/16]

Éamon Ó Cuív (Galway West, Fianna Fail)
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44. To ask the Minister for Foreign Affairs and Trade the discussions he has had in the past six months with his British counterpart and the relevant Ministers in Northern Ireland on the treatment of segregated prisoners in Maghaberry Prison; the reason for the delay, in particular, in the process involving the International Committee of the Red Cross and the Red Crescent in setting up a prison forum to deal with issues; and if he will make a statement on the matter. [31633/16]

Clare Daly (Dublin Fingal, Independent)
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50. To ask the Minister for Foreign Affairs and Trade the recent discussions he has had with the Secretary of State for Northern Ireland and the Northern Ireland Minister for Justice on the failure of management in Maghaberry Prison to implement the stocktake agreement; and if he will make a statement on the matter. [30276/16]

Maureen O'Sullivan (Dublin Central, Independent)
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Will the Minister outline the engagement he has had with the authorities in Northern Ireland and Britain on the outstanding issues faced by prisoners in Maghaberry Prison in view of the lack of progress on the agreements reached between the prisoners and the authorities?

Clare Daly (Dublin Fingal, Independent)
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My question is similar but posed more directly. Will the Minister deal with the failure of prison management to implement the stocktake agreement? Based on our visits to Maghaberry Prison, it is our collective understanding that is where the logjam is in dealing with the problems.

Charles Flanagan (Laois, Fine Gael)
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I propose to take Questions Nos. 26, 44 and 50 together.

Maghaberry Prison was identified by the Chief Inspector of Criminal Justice in Northern Ireland, Brendan McGuigan, in a November 2015 report as needing work to make the prison safer and to improve conditions for both prisoners and staff. Since publication of that report, Criminal Justice Inspection Northern Ireland has continued with a programme of announced and low-impact visits to the prison which find the situation has stabilised and that some progress has been achieved. More work, of course, remains to be done.

Prison conditions in Northern Ireland, including for those in the separated regime in Maghaberry, were part of my regular dialogue with the former Secretary of State for Northern Ireland, Theresa Villiers, and with the former Minister for Justice in the Northern Ireland Executive, David Ford. I have made my strong concerns known to them. I will continue to raise these issues when I meet with the Minister for Justice, Claire Sugden, and with Secretary of State, James Brokenshire.

In addition, my officials engage on a regular and ongoing basis with a range of interlocutors across the devolved and non-devolved authorities, members of the Stocktake group, the International Committee of the Red Cross and Red Crescent, ICRC, and others to discuss, explore and encourage progress.

The difficulties in establishing the prison forum, which is disappointing, have featured in these discussions. I continue to encourage all those with good offices to move on the forum. At this stage, however, it must be acknowledged that momentum has been lost. That the forum is not up and running has contributed to tension in the prison, which in the circumstances is unhelpful.

Also heightening tension is the sense of threat under which prison officers and their families live. The murders of prison officers Adrian Ismay last March and David Black in 2012 were appalling crimes and clearly damaged confidence between prisoners in Roe House and prison officers.

Notwithstanding the challenges to goodwill posed by Mr. Ismay's murder, I was heartened that the Northern Ireland Executive this summer accepted the recommendation of the Fresh Start paramilitary panel that a review be established on the separated regime. I look forward to the appointment of a review panel and to seeing its work completed. This review was proposed following an extensive consultation process undertaken by Monica McWilliams, John McBurney and Lord Alderdice. It opens a new opportunity to address genuine concerns regarding separation. I am conscious also that moving forward in the prison requires the co-operation of both the Northern Ireland Prison Service and the prisoners themselves. I encourage all to work together in the right spirit to move matters forward.

Maureen O'Sullivan (Dublin Central, Independent)
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As the Minister knows, a group of us have been visiting Maghaberry Prison regularly. The most recent visit was at the end of September. We know the reasons why the prisoners engaged with the authorities and, most recently, with the ICRC, as well as the various agreements, such as Stocktake. It was disappointing when we were there at the end of September to learn the issues are still outstanding, particularly those around controlled movement, full body searching and prisoners handcuffed to warders on hospital visits but subjected to a full body search when leaving and returning. There are also issues regarding education, the Irish language and the small attempt on the part of the prisoners to celebrate the centenary of the Easter Rising. It looks as if there are always inroads into the dignity of prisoners.

The prisoners assured us they were prepared to accept, move forward and stand by the recommendations of the process. The Fresh Start agreement is also causing considerable anxiety and distress to them, while the other agreements they had come to are still not being realised. Their comment is that it is all process but no progress. Meanwhile, we have another process under Fresh Start. As the Minister said the momentum has been lost. We need to get it going again with the new Secretary of State and Minister for Justice.

Clare Daly (Dublin Fingal, Independent)
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We believe this is an incredibly serious situation. I note the Minister's comments that overall progress has been made with conditions at Maghaberry Prison, adjudicated as one of the worst prisons in Europe. In actual fact, that progress is quite slow. It is our experience that developments in the segregated wings have actually gone backwards. We do not say that in any way lightly or flippantly. This is based on the experience of five years of visits, the input from those who did the Stocktake agreement, the ICRC, which tried to facilitate a process, the Prisoner Ombudsman for Northern Ireland and even the Minister's own Northern Ireland office. All of these parties have tried to intervene but there are two essential problems.

The reason why the prison forum failed is because arbitrary and non-serious issues were thrown into the mix when the real issues in the room were always controlled movement and strip searching. Without addressing those, there cannot be any movement onwards.

We note the Minister repeated his comment that the staff feel threatened. Again, we have to go back to the response the prisoners would make. They claim they signed up to the agreements in August 2010 and demonstrated good faith. There have been no physical incidents against any prison officer in that area, as distinct from the general body of the prison population. What we have is a sham process, which is actually contributing to a difficult situation on the ground, and will not be solved until these issues are addressed.

Charles Flanagan (Laois, Fine Gael)
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As Deputies will be aware, the strip searching regime has been the subject of a complaint by prisoners. It is an issue which both I and my officials have raised in discussions with the appropriate authorities in the North. The Stocktake report recommended the current policy for searching prisoners when exiting and entering the prison be reviewed, particularly in cases where prisoners were going for a medical or health examination. This has been accepted by the Northern Ireland Prison Service, saying discretion can be applied. Prisoners are no longer routinely subject to full body search when leaving the prison on home leave or discharge from custody.

I am aware the Deputies have been briefed by the ICRC on some of these issues raised here. I too am disappointed that the forum recommendations did not proceed. The first chair proposed in December 2014 was Mr. Tom Miller. That proposal was not acceptable to the prisoners. This led to some delay, after which the ICRC agreed, over the summer of 2015, to its person in Belfast taking on the role.

That person engaged with both prison management and prisoners to see if an agreed agenda could be found. In the event, it did not prove possible. Since then, there have been several meetings among stakeholders to see how matters might be moved forward. Since then, we have seen a number of changes in key personnel and people, including the Minister for Justice in the Northern Ireland Executive, the ICRC in Belfast, and management in Maghaberry jail. Shortly, there will be a change in the matter of the Northern Ireland Prison Service.

At this stage, it would be premature to speculate as to what new people will bring to the discussion. Both I and my officials will continue to raise these issues with the importance of moving forward on the Stocktake report.

Maureen O'Sullivan (Dublin Central, Independent)
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It is extremely disappointing there has not been progress. Even after the Stocktake report, the prisoners took part in another process and it now looks like another one. They are not seeing anything from the good will they are showing. They assure us that their only interest is in a conflict-free environment but yet these issues persist. There are alternatives to full body searching. There could be a move on the education and language classes. It comes down to a lack of will on the part of the authorities to move these in a way which would be positive for everybody.

I agree no one should feel threatened in their place of work. It is obvious there is tension in the prison but there have been no physical assaults on prison officers in rows Nos. 3 and 4. However, the separation unit continues, along with full body searching and the lack of education. Prisoners have had their licences revoked and are going through a whole process which is extremely unfair. Again, this is about not letting this matter lose momentum any further.

Clare Daly (Dublin Fingal, Independent)
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It is true to say that if one does not go forward, one goes backwards. That has been our experience in this case. In many ways, the character of the prisoners has been tested beyond belief. We do not understand how they have remained as patient as they have. We are glad the Minister agrees with us that full body searches are completely unacceptable. Like the Minister, we have been told it is not going on in the same way as it was before. Our information, however, is that it is. It is not good enough for the authorities to say that after five years, they are looking at alternative technology. That does not add up when similar prisoners in Portlaoise are not subjected to full body searches. There are other alternatives such as swabbing, dogs, the BOSS, body orifice security scanner, chair and so on. There is no need for this cruel, unacceptable and degrading treatment.

All the evidence shows that the processes are being used to drag out the situation, to fail to implement any meaningful changes and deal with the issues at the heart of the prisoners' complaints. If that continues, it can only destabilise the situation further.

That is not just our view but that of all of the neutral or independent bodies who have tried to assist in this process. All of their efforts have been stymied which, in fairness to them, they put at the door of prison management in Northern Ireland, which is incredibly dangerous. The Minister has an important to role to play in terms of keeping these issues on their plates.

Charles Flanagan (Laois, Fine Gael)
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We should wait to see how best we might take forward the recommendation of the Stocktake report. There are security issues involved, which have been evidenced time and again. The security, safety and health and welfare of those working in the prison under very difficult circumstances must at all stages be taken into account. I have raised the humanitarian issues on the part of prisoners, as raised with me by Deputy Maureen O'Sullivan and others and I will continue to do so. I attach a particular importance - this was referred to by Deputy Maureen O'Sullivan - to the action plan on the part of the Executive on paramilitarism and in particular the intention to establish a review of the separated regime in Maghaberry Prison. We are agreed that this is a welcome initiative. I hope that it will provide the context to move forward to a more positive atmosphere within the prison, which ultimately will have positive consequences for everybody involved.