BREAKING FREE OF HISTORY?

Similar documents
IPRT Presentation to Oireachtas Joint Committee on Justice and Equality Prisons, Penal Policy and Sentencing 8 th February 2017

Alternatives to Custody

Ulster Unionist Party Response to Future Operation of the Office of the Police Ombudsman for Northern Ireland A consultation Paper

RESPONSE TO NORTHERN IRELAND PRISON SERVICE CONSULTATION ON AMENDMENTS TO PRISON RULES

7 th Annual Postgraduate Criminology Conference

NATIONAL JUDICIAL COLLEGE OF AUSTRALIA. Current issues in Sentencing

In their own words: Young People s Attitudes to Community Relations in Northern Ireland

ACJRD SUBMISSION. Strategic Review of Penal Policy

Simon Communities of Ireland submission to the Garda Síochána Corporate Strategy

The Good Friday Agreement Prisoner Release Processes. August 2013

Supporting Curriculum Development for the International Institute of Justice and the Rule of Law in Tunisia Sheraton Hotel, Brussels April 2013

The Mental Health of Children and Young People in Northern Ireland

IPRT Position Paper 5 Penal Policy with Imprisonment as a Last Resort

RECOMMENDATION No. R (99) 22 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES CONCERNING PRISON OVERCROWDING AND PRISON POPULATION INFLATION

EQUALITY COMMISSION FOR NORTHERN IRELAND

ASSEMBLY BILL No. 1308

SUBMISSION TO THE UNITED NATIONS COMMITTEE ON THE RIGHTS OF THE CHILD

Justice Select Committee: Prison Population 2022

NORTHERN IRELAND POLICING BOARD STRATEGIC OUTCOMES FOR POLICING IN NORTHERN IRELAND

Governors Adjudications. Easy Read Self Help Toolkit

Ouagadougou Declaration and Plan of Action on Accelerating Prisons. and Penal Reforms in Africa

Northern Ireland Peace Monitoring Report. Number Five. October 2018

Taoiseach Enda Kenny s address to the British-Irish Association, Oxford, 9 September 2016

A Confidence and Supply Arrangement for a Fine Gael-Led Government

SECOND SUBMISSION ON THE PAROLE BILL 2016 DEPARTMENT OF JUSTICE AND EQUALITY

FREEDOM OF INFORMATION REQUEST

The criminal justice system in Northern Ireland

Northern Ireland Office EXPLANATORY DOCUMENT. Proposal for a draft Anti-Social Behaviour (Northern Ireland) Order 2004

Prisons and Courts Bill

MINUTES OF THE 88 TH COMMISSION MEETING

Prison Reform Trust response to Scottish Sentencing Council Consultation on the Principles and Purposes of Sentencing October 2017

County Governor of Hordland seminar to mark the retirement of Torfinn Langelid, Bergen, 7 th December 2011: The Right to Education behind bars

European Union. European Regional Development Fund Investing in your future. St Andrews Agreement. An Aid for Dialogue

Strategy for the period for the United Nations Office on Drugs and Crime

STOCKTAKE OF AUGUST 2010 MAGHABERRY PRISON AGREEMENT

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY CRI THE QUEEN ROBERT JOHN BROWN SENTENCING NOTES OF ANDREWS J

IMMIGRATION - Strengthening the Common Travel Area

Northern Ireland Executive. February 2011

Transforming Criminal Justice

Draft Recommendation CM/Rec (2018) XX of the Committee of Ministers to member States concerning restorative justice in criminal matters

Proposed Criminal Justice Order (Northern Ireland) 2005

Justice Policy. Definitions. Introduction. Vision. Key Principles

ON THE RECORD... Interview with Peter Tinsley, Executive Director of the Institute for Justice Sector Development, Canada

Advanced Higher Modern Studies Approved List of Dissertations. Revised, August 2008

Data Protection Bill, House of Commons Second Reading Information Commissioner s briefing

TREATY SERIES 1985 Nº 2. Agreement Between the Government of Ireland and the Government of the United Kingdom

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Community Sanctions and Measures

DOMESTIC ABUSE (SCOTLAND) BILL

The suggestions made in the report for law reform are intended to apply prospectively.

SUBMISSION TO THE UNITED NATIONS' COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN. on the LIST OF ISSUES for the

Indigenous driving issues in the Pilbara region

Criminal Justice A Brief Introduction

CRIMINAL SENTENCING IN THE ACT THE NEED FOR EVIDENCE

1. Introduction HRC

PROBATION AND PAROLE SENIOR MANAGERS CONFERENCE

Linkage between Sustainable Development Goals and Criminal Justice System Reform Phiset Sa-ardyen, Thailand Institute of Justice

FOR THE OFFICE OF THE POLICE OMBUDSMAN FOR NORTHERN IRELAND

20 Questions for Delaware Attorney General Candidates

Protection of Freedoms Act 2012

RECOMMENDATION FOR DEPORTATION FOLLOWING A CRIMINAL CONVICTION

Levenmouth Area Plan

Anti-human trafficking manual for criminal justice practitioners. Module 13

Second report of the Secretary-General submitted pursuant to Security Council resolution 1757 (2007) I. Introduction

Alternatives to imprisonment

Table of Contents. 1 Crime and Corrections 1. 2 Corrections and Criminal Justice: An Overview 13. xvii. Preface

Crime Prevention and Criminal Justice Tools Catalogue

poverty, social exclusion and welfare in rural places Paul Milbourne School of City and Regional Planning Cardiff University, UK

Concluding observations on the combined sixth and seventh periodic reports of Luxembourg*

Crime and Disorder Committee

COMMISSION FOR VICTIMS AND SURVIVORS RESPONSE TO THE NORTHERN IRELAND AFFAIRS COMMITTEE CONSULTATION ON STORMONT HOUSE AGREEMENT INQUIRY

Placing Children on Remand in Secure Accommodation: Consultation on Changes to the Children (Secure Accommodation) Regulations 1991

Disciplinary Policy and Procedure

Convention on the Elimination of All Forms of Discrimination against Women

Prison Reform and Alternatives to Imprisonment

Counter-Terrorism as Crime Prevention: A Holistic Approach

deprived of his or her liberty by arrest or detention to bring proceedings before court.

ANDREW MARR SHOW 27 TH JANUARY 2019 SIMON COVENEY

COMMITTEE ON THE RIGHTS OF THE CHILD. Twentieth session CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 44 OF THE CONVENTION

PAVEE POINT Strategic Plan

List of issues in relation to the fifth periodic report of Mauritius*

Strategy for the period for the United Nations Office on Drugs and Crime

Amnesty International

The Real Impact of the Swedish Model on Sex Workers. Impacts of the Swedish Model s Justifying Discourses on Service Provision

EQUALITY AND DIVERSITY WITHIN THE CRIMINAL JUSTICE SYSTEM: AN INSPECTION OF THE IMPLEMENTATION OF SECTION 75 (1) OF THE NORTHERN IRELAND ACT 1998

Christian Aid Ireland s submission on civil society space 31 March 2017

By

BRIEFING HOW TO START REDUCING THE PRISON POPULATION

European Code of Ethics for Prison Staff

PRISONER VOTING RESTRICTIONS ENSURING JUSTICE

ACCOUNTABILITY FOR HUMAN RIGHTS VIOLATIONS ACT ( Official Gazette of the Republic of Serbia No. 58/2003)

Limitation of Actions Amendment (Criminal Child Abuse) Bill 2014 Exposure Draft

Big Judges and Community Justice Courts

Testimony of Claire P. Gutekunst President New York State Bar Association

JUSTICE SECTOR Justice Sector Briefing to the Incoming Government

I. BACKGROUND AND FRAMEWORK

Francis Burt Law Education Programme

NATIONAL TRAVELLER WOMENS FORUM

Equality, diversity and human rights strategy for the police service

Transcription:

BREAKING FREE OF HISTORY? IMPRISONMENT IN NORTHERN IRELAND DR MICHELLE BUTLER 26 TH MARCH 2015 QUEEN S UNIVERSITY BELFAST

ORGANISATIONAL CHANGE MANAGEMENT Understanding change by the rate of occurrence, how it came about and its scale is believed to be important for its successful or failure (By, 2005). Perception that most change programmes do not succeed (Balogun, Hope & Bailey, 2004; Hughes, 2011; Isern & Pung, 2007). Resistance to change cited as one of the reasons behind failed change programmes (Bovey & Hede, 2001; Erwin & Garman, 2010). BUT resistance can be positive as well as negative. According to Erwin and Garman (2010) factors influencing change management engagement include: - Individual factors (coping, psychological characteristics, threats and benefits analysis) - Communication, understanding and participation - Relationships with management

PRIOR TO REFORM

PRISON REFORM IN NORTHERN IRELAND Hillsborough Agreement (2010) required an independent prison service review. Significant programme of change begun in 2011 (Prison Review Team, 2011a), 2011b. Led to four year change programme called Strategic Efficiency & Effectiveness (SEE) Programme in 2011. Proposed that NIPS would by 2015: - Be well led and competently managed - Have a fit, flexible, motivated, well trained, well rewarded staff - Be compact and cost-effective - Have the offender at the centre of its focus - Reduce the risk of re-offending on release - Be respected and valued by the community

PRISON REVIEW TEAM The service remains a small and rather inward looking organisation, trapped by its own fraught history and wrestling with long standing difficulties (Pearson Review Team, 2009; p5). NIPS had become a demoralised and dysfunctional service, resigned to bad press and routine criticism, and reacting to it by putting up defensive barriers, with little confidence that anything could, or in some cases should, change (Prison Review Team, 2009: p4) The Troubles skewed the focus of the [prison] service. Security and control were paramount there was a deliberate policy of prison officers not engaging with prisoners because of the risk of conditioning leading to damaging consequences. Recruitment was rapid, training rudimentary in matters other than basic security. Belfast prison and then the Maze dominated the system (Prison Review Team, 2009:4-5)

PRISON REVIEW TEAM Since 2005, those reports have produced over 1500 recommendations that have been accepted. But little has changed, and many hundreds of unachieved recommendations hang around the service like a dead weight, recorded in ever lengthening action plans, many of which cannot be actioned without addressing more fundamental issues. As a consequence, monitoring and reviewing bodies are constantly frustrated, most prison staff are demoralised at the constant barrage of criticism, and many managers have reverted to a can t do mentality. Each failure to change has reinforced poor cultures and practice and further disheartened the managers and staff who want and are committed to a more positive approach. (Prison Review Team, 2011: 29)

PRISON REVIEW TEAM 40 recommendations from the Prison Review Team (2011a, 2011b) with five high level recommendations: Agreement on and ownership of vision and aims of the system Properly resourced change management programme, including change manager, change management team and oversight committee. Measures to reinforce governance, accountability and efficiency Staff redundancy and development package Focus on dynamic security and introduction of free movement.

CONFLICT AND PENAL REFORM MacBride (1982) argued that the detention of political prisoners hinders penal reform as the priority of government is security and deterrence. Butler (2015) suggests that while political imprisonment in the Republic of Ireland and Northern Ireland may have distracted from and impeded penal reform, it could also sometimes promote change through political prisoners use of litigation (see McEvoy, 2001). Nonetheless, there was a wider culture of denial and compromise in the system as a whole (Prison Review Team, 2011a: 31) including senior civil servants and prison management, resulting in problems being buried rather than faced (Prison Review Team, 2011b: 6). The reform of the NIPS was not undertaken until AFTER devolution of justice powers to the NI Assembly.

REACTIONS TO REFORM Much achieved but more to do. 21 recommendations signed off by Oversight Committee with 16 referred for independent assessment (Justice Committee, 2014). Redundancy and staff development package implemented, reducing cost per prisoner per year to 62,898 in 2013-2014 compared to 90,298 in 2006/2007 (NIPS, 2007, 2014). Attempts to develop initiatives and improve regimes e.g. focus on families, drug free landings, restorative justice, secure college and step-down facilities amongst others. Introduced freer movements and greater use of dynamic security and intelligence led searches. Staff welcoming involvement in reintegration and rehabilitation.

REACTIONS TO REFORM However, implementation of the change programme exacerbated feelings of distrust and alienation for some through the perceived devaluing of older staff jailcraft. Loss of experienced staff and replacement with inexperienced staff has been challenging. 47% of new recruits believed to be either on long-term sick leave or have resigned (McMahon, 2014). Concerns remain about regime. Issues around political prisoners continue. NIPS staff continue to feel more undervalued, not informed, dissatisfied with management and handling of change programme compared to others working in the justice sector (DOJNI, 2014).

REACTIONS TO REFORM It found an English solution to an Irish problem and it is not working. People should have been working with the prison officers.. I read that, and it made me really angry, because the people making comments such as that were from another jurisdiction. Let me be clear: new custody officers coming into the Prison Service are being intermingled with existing officers. They have worked very well together, and Sue McAllister recognises that. The same comment was made previously that we, the old officers, would contaminate the new ones. The NIPS has to be commended for how it has done its job over the years. I was really angry that people would come here from another jurisdiction, without having a clue about the NIPS, and make comments such as that. I took offence at the comments too (Committee for Justice, 2013: 13-14).

REACTIONS TO REFORM There were significant tensions about the direction of travel, particularly that of the consultation. Our members are the ones who have to deliver the reform agenda however you cannot do that if you do not know what is going on. there have been a number of significant changes in the past 12 months. significantly more consultation, not just with the PGA but with governing governors and deputy governors which has allowed us all to operate as a team, and generally in the one direction. Having said all that, I think that it is important to emphasise that the Prison Governors Association has some concerns. we do not want the budgetary cuts to impact too much on a lot of the progress that has been and continues to be made, because that may do damage to regimes and staffing levels, which will lead to issues down the line. We think that there should be, over time, more home-grown talent which, for many years I make no bones about it did not happen. I hope that, in going forward, all the new unit managers, functional managers and governors will address that deficit, which is a crying shame. We should have our own talent. We, in Northern Ireland, are a very talented people, and we know our business. I think that more homegrown talent should be brought through. That is critical, because then you can take ownership. You live here. It is OK making decisions, but decisions sometimes strange decisions are easy made if you are not there to live with the consequences. It is very important that we make that point on behalf of the Prison Governors' Association (Committee for Justice, 2014: 4-6).

WHERE ARE WE NOW? By (2007) suggests such a context for the reform of NIPS may provide a more challenging environment within which to implement and sustain organisational change management and this seems to have been the case. Factors believed to promote engagement with and reduce resistance to change management could have been considered more. For example: More thought to the psychological characteristics of NIPS staff and prisoners and how they were likely to react to the reform programme, especially given the history of the Troubles. Communication, understanding and participation could have been improved particularly as key individuals came from outside the jurisdiction, fuelling perceptions of NIPS staff as undervalued. The need to build trust and confidence in management to drive the change agenda, develop and support staff needs to be improved. Focus has primarily been on the prison and prison staff but the history of the Troubles also shapes people s perceptions of NIPS, influencing how they behave when they enter prison. This potentially contributes to negative spirals and worse outcomes for some which needs to be addressed. Could use of litigation to challenge prison practices be contributing to a more slowed pace of change and cautiousness?

So is NIPS breaking free of its history? Yes to a certain extent but legacy issues remain.

QUESTIONS?

REFERENCES Balogun, J. & Hope, H.V. (2004) Exploring Strategic Change. London: Prentice Hall. Bovey, W.H. & Hede, A. (2001) Resistance to organisational change: the role of defence mechanisms, Journal of Managerial Psychology, 16(7): 534-548. Butler, M. (2015) Prisoners and Prison Life in D. Healy, C. Hamilton, Y. Daly & M. Butler (eds) Routledge Handbook of Irish Criminology. Abingdon: Routlege. By, R.T. (2005) Organisational change management: a critical review, Journal of Change Management, 5(4): 369-380. Committee for Justice (2014) Prison Reform Programme: Prison Governor Association, Hansard 27 th March 2014. Belfast: Northern Ireland Assembly. Committee for Justice (2013) Prison Reform Programme: Prison Officers Association Briefing, Hansard 6 th June 2013. Belfast: Northern Ireland Assembly. DOJNI (2014) Department of Justice Staff Attitudes 2013. Belfast: DOJNI. Erwin, D.G. & Garman, A.N. (2010) Resistance to organisational change: linking research and practice, Leadership & Organization, 31(1): 39-56. Hughes, M. (2011) Do 70 per cent of all organizational change initiatives really fail?, Journal of Change Management, 11(4): 451-464. Isern, J., & Pung, A. (2007) Harnessing energy to drive organizational change, McKinsey Quarterly, 1, 16-19.

REFERENCES Justice Committee (2014) Prison Review Oversight Group Justice Committee Summary Report December 2014. Belfast: DOJNI. MacBridge, S. (1982) Crime and Punishment. Dublin: Ward River Press. McEvoy, K. (2001) Paramilitary Imprisonment in Northern Ireland: Resistance, Management, and Release. Oxford: Oxford University Press. McMahon (2014) Half of all Prison Recruits have already Quit or are on Long- Term Sick Leave. Available at http://www.mirror.co.uk/news/uk-news/halfprison-service-recruits-already-4706998 (Accessed: 21 st January 2015). NIPS (2014) Annual Report and Accounts 2013-2014. Belfast: NIPS. NIPS (2007) Annual Report and Accounts 2006-2007. Belfast: NIPS. Prison Review Team (2011a) Review of the Northern Ireland Prison Service: Conditions, Managemetn and Oversight of all Prisons - Interim Report. Belfast: Prison Review Team. Prison Review Team (2011b) Review of the Northern Ireland Prison Service: Conditions, Management and Oversight of all Prisons Final Report. Belfast: Prison Review Team.