North of Ireland: Maghaberry Concerns Expressed to NIO and Medical Bodies

- Rapport -

The Celtic League has asked the Northern Ireland Prisons Minister Paul Goggins what steps he is taking to end overcrowding at Maghaberry Prison. Conditions at the prison were the subject

Cathal Ó Luain Par Celtic League le 14/01/10 0:01

The Celtic League has asked the Northern Ireland Prisons Minister Paul Goggins what steps he is taking to end overcrowding at Maghaberry Prison. Conditions at the prison were the subject of a recent report by the European Committee for the Prevention of Torture (CPT).

The League have pointed out to the Minister that the concerns in the 2008 CPT report mirror concerns voiced by the CPT ten years ago.

In addition the League has highlighted the unsatisfactory situation surrounding the involvement of Prison Doctors in the disciplinary process which was the subject of a recommendation by the human rights body. The League has also written to both the British Medical Association and the United Kingdoms General Medical Council drawing their attention to the CPT concerns. Relevant correspondence is set out below:

"Paul Goggins MP Minister of State Northern Ireland Office 11 Millbank London SW1P 4PN

09/01/10

Dear Minister.

Re: The Council of Europe's Committee for the prevention of torture and inhuman or degrading treatment or punishment (CPT) Report on its sixth periodic visit to the United Kingdom in November/December 2008

In relation to the above and the CPT recommendation that:

"The 7m² cells at Maghaberry Prison never to be occupied by more than one prisoner. Further, the toilet facilities in every cell to be at least partially partitioned (paragraph 160);"

Can you advise what steps the NI Prison service are taking to comply with this recommendation and given that the substance of the CPT concerns reiterates points made during their examination at Maghaberry in 1999 can you explain why after ten years these concerns have not been addressed.

Also the CPT highlighted in para 178 of their report misgivings about the involvement of doctors in disciplinary proceedings. They said:

"Rule 41 (2) indicates that a medical officer will examine whether a prisoner is fit to undergo the disciplinary sanction of cellular confinement. The CPT has misgivings about the involvement of doctors in disciplinary proceedings against prisoners. It wishes to stress that medical practitioners working in prisons act as the personal doctors of prisoners, and ensuring that there is a positive doctor-patient relationship between them is a major factor in safeguarding the health and well-being of prisoners. Obliging prison doctors to certify that prisoners are fit to undergo punishment is scarcely likely to promote that relationship. This point was recognised in the Committee of Ministers' Recommendation (2006) 2 on the European Prison Rules; indeed, the rule in the previous version of the Rules, stipulating that prison doctors must certify that a prisoner is fit to sustain the punishment of disciplinary confinement, has now been removed. The CPT recommends that existing legal arrangements and practice concerning the role of prison doctors in relation to disciplinary matters be reviewed. In so doing, regard should be had to the Revised European Prison Rules and the comments made by the CPT in paragraph 53 of its 15th General Report (CPT/Inf (2005) 17)."

Can you advise what steps you will be taking to ensure compliance with the concerns and recommendation and the clear desire of the CPT to ensure that a doctors involvement is soundly based on a positive doctor-patient relationship.

For information the Celtic League will also be raising this last issue with the British Medical Association and the General Medical Council.

Yours sincerely,

J B Moffatt (Mr) Director of Information"

"Niall Dickson Chief Executive General Medical Council Regent Place 350 Euston Road London NW1 3JN

09/01/10

Dear Mr Dickson.

The CPT highlighted in para 178 of their report misgivings about the involvement of doctors in disciplinary proceedings at Maghaberry Prison, Northern Ireland. They said:

Can you advise if you will be providing any guidance to registered practioners involved in the Prison Service in the light of these concerns. Specifically, will steps you will be taking to advise compliance with the concerns and recommendation and the clear desire of the CPT to ensure that a doctors involvement is soundly based on a positive doctor-patient relationship.

For information the Celtic League has also raised this issue with the Northern Ireland Office and the BMA.

Yours sincerely,

J B Moffatt (Mr) Director of Information"

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