Background to the Research

• People held in detention are particularly vulnerable to breaches of their human rights. Many prisoners, especially women, have been vulnerable prior to their detention, due to factors such as mental health problems, educational difficulties, drug/alcohol related issues and sexual abuse.
• The NI Human Rights Commission decided to make the human rights of prisoners one of its strategic priorities and, following some disturbing factors relating to Maghaberry prison, it decided to conduct research into the care of women prisoners in NI. The research remit was to examine 'the extent to which the treatment of women and girls in custody in Maghaberry prison is compliant with international human rights, law and standards, and in particular with Articles 2 and 3 of the ECHR.'
  

Research Approach

• Research fieldwork was carried out in Mourne House during March and April 2004. Interviews were held with:
  • Women prisoners;
  • Prison officers;
  • Professionals working in the prison including education, probation, healthcare staff and clergy;
  • The Mourne House branch of the Prison Officers' Association;
  • The Maghaberry Board of visitors.
• The researchers also observed the Mourne House regime and routines.
• Semi-structured interviews focused on:
  • Rreception and induction;
  • Prison routine;
  • Education;
  • Activities and programmes;
  • Physical and mental healthcare;
  • Discipline;
  • Contact with families;
  • Relationships between prisoners and prison officers;
  • Preparation for release.
    

Main Findings

• Between June 2003 and May 2004, 167 women were sentenced and 137 were remanded. A third of all admissions were for fine default and the majority of those sentenced (109) received tariffs less than three months. Four admissions were children aged 14-17, and a further undisclosed number aged 17. The average monthly population was 25.
• Far from responding to criticisms made by the Prisons Chief Inspectorate in 2002, the overall regime in Mourne House had deteriorated significantly. There was no Prison Service policy statement or strategy documentation addressing the particular needs of women and girls in prison, there was no dedicated governor for the management of women in prison and no gender specific training for prison management or officers. Approximately 80% of prison officers allocated to Mourne House were men.
• Serious policy matters, with profound implications for the health and welfare of women prisoners, were found to be decided on an ad hoc basis.
• The regime in operation was found to neglect the identified needs of women and girl prisoners, lacked creative or constructive programmes to assist their personal or social development, compromised their physical and mental health, and failed to meet minimum standards of 'duty of care'.
• The stagnation of the regime, and the systemic complacency within its operation, has caused considerable and persistent suffering for the prisoners, as well as intense and openly voiced frustration for those prison officers and professional workers committed to change and progress.
• Women were regularly locked in cells for 17 hours a day, workshops were permanently closed and education classes were rarely held. Many women were locked alone in their cells with a television for extended periods of time.
• The high level of security was inappropriate.
• Women received little or no support on reception and there was no structured induction programme or adequate information provision. Inspectorate recommendations had not been addressed.
• The right of women in prison and their children to a meaningful family life was not respected. The restrictive regime caused unnecessary suffering for women, their children and their families.
• Mourne house was found to be an unsuitable environment for the imprisonment of child prisoners, with no age-appropriate programmes, staff training and no child-protection policy.
• The punishment and segregation 'block' (special supervision unit) was inappropriate for the location of distressed and self-harming women and girls. The conditions were degrading and inhumane and, possibly, in breach of Articles 3 and 4 of the ECHR.
• Healthcare for women prisoners was dire, with recommended provisions for women through healthcare plans being routinely ignored.
• There was, and remains, a lack of adequate residential, therapeutic mental health facilities in NI for women and girls suffering from mental health problems or diagnosed 'behaviour disordered'.
• Women prisoners coming into contact with male prisoners, using shared transport or in the prison hospital, were routinely subjected to verbal abuse and sexual threats.

Conclusions/Recommendations

• The final report of this research makes recommendations to the NI Prison Service, and to other bodies with statutory responsibility for prison issues.
• Access to Mourne House and Hydebank Wood YOC was refused on several occasions, demonstrating the inadequacy of the Commission's powers and the negative impact this can have on the work of the Commission.
• Since the last inspection, 2 women have died in Mourne House. The research raises serious concerns regarding the events leading to their deaths.
• The transfer of women prisoners form Mourne House to the Hydebank Wood YOC does not meet the recommendations made by the Inspectorate. Hydebank Wood YOC is concluded to be an unsuitable environment for women and young girls prisoners. It is recommended that the Prison Service declares this transfer a temporary measure and initiates full consultation with all interested parties.
• A discrete women's custody unit should be developed, either on the site of Mourne House or at another appropriate location. It should be managed separately and be self-contained. It should offer a regime based on an inclusive assessment of women prisoners' needs met by gender-specific programmes and administered by trained managers and staff.
• A further independent and public inquiry of the endemic failures of Mourne House is needed.