Written Answers to Questions - Northern Ireland Assembly

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Friday 20 July 2012 Written Answers A decision on whether or not to hold an inquest is a matter for the Coroner. Where the Coroner declines to hold or has already held an inquest, the Attorney General may refer the case back to the Coroner with a direction that an inquest be convened. Therefore, there is potential for the number of legacy inquest cases to increase. The security arrangements for retired security personnel attending inquests are subject to risk assessment and arrangements are agreed with the Coroner. Retired Security Personnel Mr Givan asked the Minister of Justice what security provision has been made for retired security personnel who will be required to provide evidence at historical inquests. (AQW 13227/11-15) Mr Ford: The term ‘historical’ or ‘legacy’ inquest is administrative rather than a legal or statutory one. There is no formal definition, but these cases generally relate to deaths involving agents of the State or allegations of collusion and due to their complex and contentious nature will require considerable resources to bring them to conclusion. The Coroners agree the classification of a case as a legacy or historical inquest. To date, the legacy inquest case workload has been delivered from within the NI Courts and Tribunals Service budget but the management of these cases has created pressures for the Coroners and the Coroners Service. The administrative and funding arrangements are being kept under review as cases progress and costs become clearer. My officials are working to ensure that the response is co-ordinated and that available resources are deployed effectively. Any future pressures highlighted by NICTS will be considered as part of the in-year monitoring round process. The listing of legacy inquests is a matter for the relevant Coroner and can be influenced by a number of factors including: ■ other ongoing investigations e.g. by the Historical Enquiries Team or the Office of Police Ombudsman; ■ the availability of evidence for the Coroner’s investigations; ■ witness and family availability; or ■ any legal challenges initiated by parties to the inquest. A decision on whether or not to hold an inquest is a matter for the Coroner. Where the Coroner declines to hold or has already held an inquest, the Attorney General may refer the case back to the Coroner with a direction that an inquest be convened. Therefore, there is potential for the number of legacy inquest cases to increase. The security arrangements for retired security personnel attending inquests are subject to risk assessment and arrangements are agreed with the Coroner. Tougher Penalties Lord Morrow asked the Minister of Justice whether he has any plans to introduce tougher penalties for people who smuggle drugs into prisons, and for those who control and deal drugs within the prison population. (AQW 13230/11-15) Mr Ford: The Criminal Justice (NI) Order 2008 set and restructured the penalties for smuggling articles into prison. Controlled drugs are categorised under List A and the maximum penalty for smuggling List A items into a prison is ten years. There are currently no plans for any further review of the penalties available for people who smuggle drugs into prison or for those who control and deal drugs within the prison population. WA 578
Friday 20 July 2012 Written Answers Governors inform PSNI in all cases where a visitor has been found in possession of illicit drugs. Governors also deal with prisoners found in possession of drugs as offences against discipline under Prison Rules and will refer more serious cases to PSNI for investigation. In addition, as stated in my answer to AQW 13112, Prison Service officials are in the process of initiating a review of the effectiveness of the range of measures currently in place to minimise the availability and use of illegal drugs in our prisons. Prison Reform Lord Morrow asked the Minister of Justice what discussions he has had, or plans to have, with the Prison Officers Association (POA) to address concerns over Prison Reform, particularly as the Chairman of the POA is now on record as sharing those concerns; and whether he has discussed the matter with the Northern Ireland Prison Service. (AQW 13251/11-15) Mr Ford: I last met the Chairman of the Prison Officers’ Association (POA) on 28 May 2012 when he and the Director of Human Resources signed the Agreement reached between Management and the POA following a ballot of the POA membership. Prison Service management are now moving forward with the implementation of the Agreement and are committed to working with the Trade Union side in doing so. I have no further meetings planned with the POA Chairman but would be willing to meet him if that would be helpful. New Prison at Magilligan Mr G Robinson asked the Minister of Justice whether a new prison has been designed, utilising the shape of the Magilligan site to its fullest potential, at a cost of £5,000,000. (AQW 13272/11-15) Mr Ford: As part of the redevelopment of the Magilligan Prison an exemplar design for a new 800 place prison was developed to the Royal Institute of British Architects Work Stage C. NIPS requirements were identified and used to develop outline proposals which in turn were used to produce the exemplar design. The design illustrated the size and character of the proposed prison in sufficient detail to enable NIPS to agree the spatial arrangements, materials and appearance. The design proposed a more efficient prison with a more compact layout yet utilised the shape and footprint of the entire Magilligan Prison site to its full potential. This informed the costs and operational improvements contained in the Outline Business Case. The costs associated with the development were £3.773million and not £5million. New Prison at Magilligan Mr G Robinson asked the Minister of Justice whether he can confirm that the Prison Officers Association and other staff members indicated their support for the statement in 2008 by the then Secretary of State, Paul Goggins, that Magilligan was the preferred site for a new prison. (AQW 13274/11-15) Mr Ford: It would not be appropriate for me to comment on the conclusions reached or views expressed by the Prison Officers’ Association or other members of staff. Sickness Levels at HMP Magilligan Mr G Robinson asked the Minister of Justice how sickness levels at HMP Magilligan compare with other prisons. (AQW 13276/11-15) WA 579
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RWA 4
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Written Answers to Questions - Northern Ireland Assembly

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