Legal loophole could cost millions

Prisoners from as far back as the early 2000's could make back-dated claims through the legal loophole along with present inmates who are using cells without a toilet or hand washing facilities. Under human rights laws prisoners who claim to have suffered by carrying out the practice, could have a case against the Northern Ireland Prison Service.

The Northern Ireland Human Rights Commission said this week that it would stand over it's long held view that 'slopping out' goes against criminal's human rights. Last month the Director of the Northern Ireland Prison service called the practice where chamber pots are used during lock down hours as "inhumane and unacceptable".

Currently 300 prisoners are housed in 280 cells where no sanitation is present-almost two thirds of the jail's accommodation. During lock-down some inmates can use a button to alert prison staff if they need to access bathroom facilities, but when this is not possible they are forced to use a chamber pot provided in cells.

Last year the Scottish Government had to set aside a massive 67 million from the public purse to pay out to prisoners who claimed their human rights were breached by having to use a chamber pot instead of a toilet, and not having adequate washing facilities in their cells. Last year the Scottish government forced through emergency legislation to stabilise the flood in prisoner claims and put a one year bar on compensation. Both England and Wales already had this restriction in place but at present Northern Ireland has no legislation to prevent escalating claims, which could go back almost ten years from the implementation of the European Convention of Human Rights in (ECHR) 2000.

In 2006 ex-prisoner Justin John Martin said he was kept in "distressing and humiliating conditions" in Magilligan Prison, with only a chamber pot for a toilet and nowhere to wash his hands. Although he failed in his bid for compensation, Mr Justice Girvan agreed and said the practice was a breach of human rights and every effort should be made to ensure the regimes of the institutions are design managed "to ensure that the conditions of the life of prisoners are compatible with human dignity and acceptable standards in the community". A number of legal sources, including solicitor Pearse McDermott, who represented the prisoner throughout the High Court trial told the Sentinel that monetary compensation would be payable for those that have suffered a "physical injury" from the carrying out the practice. Mr McDermott said: "Prisoners who show some sign of physical injury, whether that be a skin condition or similar ailments, would have the basis to claim for compensation. The High Court did rule at the time of Mr Martin's case that slopping out was unlawful and in breach of human rights, and anything which suggest these have been breached can go to court. But in terms of compensation there would need to be some sort of physical injury there."

Asked for clarification on the current legislation in place to prevent past and present criminals making claims from the public purse the Northern Ireland Prison Service were unable to do so, but a spokesman told the Sentinel: "That is a matter for the prisoner and his solicitor.Legislation put in place following the ECHR (2000) Act is not a matter for the Northern Ireland Prison Service."

"The Northern Ireland Prison Service has gone to considerable lengths to improve sanitation conditions for prisoners in Magilligan. A review was carried out in late 2005 and completed in the spring of 2006 to look at ways of ameliorating the effects of slopping out."

The Prison Service says a number of measures were introduced after the review in 2005 which included supply of air fresheners and deodorants and an adequate supply of water to each prisoner. He added that "daily cleanliness checks" are carried out by staff, as well as a daily check of the unlock system to ensure it is in full working order. There has also been an installation of an electronic night-time unlock system to provide some prisoners with access to toilet facilities during lock-up periods.

The NIPS spokesman concluded: "In addition, NIPS is pressing forward with the building a new state-of-the-art prison on the Magilligan site, which will include full in-cell sanitation for all inmates."