The Hurt Inside The imprisonment of women and girlsThe imprisonment in Northern of women edition Ireland Revised Northern Ireland Human Rights Commission Temple Court 39 North Street Belfast BT1 1NA Tel: 028 9024 3987 Textphone: 028 9024 9066 Fax: 028 9024 7844 The imprisonment of women and girls in Northern Ireland Email: [email protected] Website: www.nihrc.org The Northern Ireland Human Rights Commission aims to protect and promote the human rights of everyone in Northern Ireland Revised edition NIHRC backup2.qxp 28/06/2005 10:48 Page 1 The Hurt Inside The imprisonment of women and girls in Northern Ireland Revised Edition PROFESSOR PHIL SCRATON and DR LINDA MOORE June 2005 ISBN 1 903681 55 3 © Northern Ireland Human Rights Commission Temple Court, 39 North Street, Belfast BT1 1NA Tel: 028 9024 3987 Textphone: 028 9024 9066 Fax: 028 9024 7844 Email: [email protected] Website: www.nihrc.org NIHRC backup2.qxp 28/06/2005 10:48 Page 2 This publication is available online at www.nihrc.org. For a printed copy or to request the document in another format, please contact the Northern Ireland Human Rights Commission. 2 NIHRC backup2.qxp 28/06/2005 10:48 Page 3 FOREWORD Following the publication of this report in October 2004 there have been several developments of significance regarding the imprisonment of women and girls in Northern Ireland. As this report notes, in June 2004 women prisoners were transferred from Mourne House Women’s Unit at Maghaberry Prison to Ash House, a unit within Hydebank Wood, a male young offenders’ facility. In November 2004 the Criminal Justice Inspectorate for Northern Ireland, assisted by Her Majesty’s Inspectorate for England and Wales (the Prisons Inspectorate) carried out an unannounced inspection of Ash House. The report on this inspection was published, together with the Northern Ireland Prison Service response at the end of May 2005. The inspection was heavily critical of the regime in Ash House and recommended the development of a discrete women’s custody facility for Northern Ireland. It is the intention of the Human Rights Commission to respond fully to the inspection report. That response will include further primary research conducted with women prisoners and former prisoners following the transfer. This edition of the October 2004 report includes an updated account of the Annie Kelly case, the inquest into her death held in Belfast in November 2004 and the Secretary of State’s response to concerns raised by the jury and the Belfast Coroner, Mr John Leckey. The researchers gave evidence to the inquest and the Human Rights Commission observed its progress. Given the seriousness of the issues raised by the jury in its narrative verdict, it was considered important to include this sequence of events in this revised edition. Finally, the first edition of this report recommended that the powers of the Human Rights Commission be increased to enable it to carry out investigations thoroughly and effectively. The Human Rights Commission welcomes the December 2004 announcement by the Secretary of State that the Commission is to be granted powers of access to places of detention in Northern Ireland, although we still await details of the proposed amendments. Ms Paddy Sloan Chief Executive June 2005 3 NIHRC backup2.qxp 28/06/2005 10:48 Page 4 THE AUTHORS Phil Scraton Phil Scraton is Professor of Criminology in the Institute of Criminology and Criminal Justice, School of Law at Queen’s University, Belfast. His doctorate focused on police powers and the politics of accountability and his main research interests are: the criminalisation of children and young people; deaths in custody and other controversial circumstances; public inquiries, inquests and the experiences of the bereaved; imprisonment. He has written widely in academic journals and in texts on critical criminology, social justice and human rights. His books include: In the Arms of the Law: Coroners’ Inquests and Deaths in Custody (Pluto Press, 1987), (with Kathryn Chadwick); Law, Order and the Authoritarian State (Open University Press, 1987), (ed); Prisons Under Protest (Open University Press, 1991), (with Joe Sim and Paula Skidmore); ‘Childhood’ in ‘Crisis?’ (UCL Press, 1997), (ed); and Hillsborough: The Truth, (Mainstream Publishing, 1999, revised 2000). He was a principal researcher within a team researching the welfare and rights of children for the Northern Ireland Commissioner for Children and Young People, Children’s Rights in Northern Ireland (NICCY, 2005) and was recently awarded a visiting professorship to Monash University, Australia researching the deaths of women in custody. Linda Moore Dr Linda Moore has been investigations worker with the Northern Ireland Human Rights Commission since January 2000. Previously she worked with NIACRO’s youth justice unit and as lecturer in criminology at the Centre for Studies in Crime and Social Justice, Edge Hill University College. Linda co-authored (with Dr Ursula Kilkelly and Dr Una Convery) In Our Care, the report of the Commission’s investigation into the care of children in juvenile justice centres in Northern Ireland. She has also published on policing issues including Human Rights on Duty: Principles for Better Policing: International Lessons for Northern Ireland (CAJ, 1997) (with Mary O’Rawe). She was a principal researcher on a team based at QUB researching the welfare and rights of children for the Northern Ireland Commissioner for Children and Young People, Children’s Rights in Northern Ireland (NICCY, 2005). Linda recently acted as Guest Inspector on the Criminal Justice Inspectorate inspection of the Juvenile Justice Centre at Rathgael. 4 NIHRC backup2.qxp 28/06/2005 10:48 Page 5 CONTENTS Foreword 3 The Authors 4 Foreword to 1st edition 7 Executive Summary 9 1. Introduction Background to the report 15 Decision to conduct the research 16 Setting up the research 19 2. Girls and Women in Prison Human rights and the criminal justice system 23 Gender-specific rights 28 The rights of children in prison custody 29 ‘Equal’ but ‘different’ 33 The Prisons Inspectorate’s view 37 UK Government strategy 39 3. The Imprisonment of Girls and Women in Northern Ireland From Armagh to Maghaberry 43 Children in custody in Northern Ireland 45 The Prisons Inspectorate’s report 2002 46 Events at Mourne House, Maghaberry - suspensions 50 4. The Mourne House Regime Reception, routine and regime 53 Women’s experiences of reception and induction 55 Women’s experiences of the regime 57 Long-termers 61 Asylum applicants 64 Women prisoners’ views of staff 66 Staff views 67 5. Mental Health, Self-harm and Suicide The Prison Service’s Review of Prison Healthcare Services, 2002 73 The Prison Service’s policy on self-harm and suicide prevention 76 Monitoring suicide risk - the research findings 78 Women prisoners’ accounts 81 Jane’s experience 86 Other accounts 88 5 NIHRC backup2.qxp 28/06/2005 10:48 Page 6 6. Deaths of Women in Mourne House: Three Case Studies Deaths in prison custody 93 Janet Holmes 95 Annie Kelly 97 Roseanne Irvine 111 7. The Mourne House Young Offenders’ Centre Human rights principles and children’s imprisonment 119 Case law relating to children in prison 120 The Prisons Inspectorate’s view on children in custody 122 Girls in prison in Northern Ireland 124 The Prisons Inspectorate’s views on the Mourne House YOC 125 The regime 126 Case study 132 8. Separation Background to separation 138 The ‘Compact’ 141 Republican prisoners in Mourne House 142 9. Transfer of Women from Mourne House to Hydebank Wood The transfer in context 149 Reasons for the transfer: the Governors’ views 153 The Mourne House Prison Officers’ Association’s view 156 The Boards of Visitors’ views 157 The women prisoners’ views 160 Sex-offenders 164 Findings of Equality Impact Assessment consultation process 165 10. Findings and Recommendations Mourne House 169 The transfer to Hydebank Wood 174 Recommendations 180 Further inquiry 185 Appendices Appendix 1: Methodology 186 Appendix 2: Research information for women and staff in Maghaberry 190 6 NIHRC backup2.qxp 28/06/2005 10:48 Page 7 FOREWORD TO 1ST EDITION People held in detention, whether in prison or otherwise, are particularly vulnerable to breaches of their human rights. The ‘closed’ nature of prison regimes makes it very important that they are open to inspection and investigation by a range of bodies concerned with the care and human rights of those inside. This is all the more crucial because many people who are in prison, especially women prisoners, were vulnerable prior to their detention, through factors such as mental health problems, educational difficulties, drug and alcohol related issues and sexual abuse. Because of the special vulnerability of people in detention, the Northern Ireland Human Rights Commission decided to make the human rights of prisoners one of its strategic priorities. Several particular factors led to the Commission’s decision to carry out research into the care of women prisoners in Maghaberry Prison. In September 2002 the death of 19-year-old Annie Kelly in the Mourne House women’s unit at Maghaberry prison concerned the Commission greatly. Early in 2003 the Prisons Inspectorate published a highly critical report based on its May 2002 inspection of Mourne House. In April 2003 several Human Rights Commissioners visited Mourne House and were deeply concerned at aspects of the treatment of women that they witnessed. The Commission consequently decided to conduct research into the care of women in prison in Northern Ireland and commissioned Professor Phil Scraton of Queen’s University to work alongside Commission staff in carrying out the research. The findings of the research are alarming and a number of important recommendations are made. The Commission is keen that a wide range of bodies be involved in discussing these recommendations, since they have the potential to impact very significantly on the future of women’s imprisonment in Northern Ireland.