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Ireland Prisoner's victory in 'slopping out' case to cost State at least €12m

14:55  15 november  2019
14:55  15 november  2019 Source:   independent.ie

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The State faces a multi-million euro compensation bill after the Supreme Court awarded a former prisoner € 7,500 in damages for being forced to “ slop out ” in The court ruled that Gary Simpson’ s constitutional right to the protection of his person had been violated by the “ slopping out ” policy, in

cost State at least € 12 mThe court ruled that Gary Simpson’ s constitutional right to the protection of his person had been violated by the “ slopping out ” “We believe a group offenders used at least two vehicles during the offence. The golden loo is gone. A solid 18-karat gold toilet , titled “America” by its

a building with a metal fence: Slopping out sees prisoners emptying their toilet buckets every morning Slopping out sees prisoners emptying their toilet buckets every morning The State faces a multi-million euro compensation bill after the Supreme Court awarded a former prisoner €7,500 in damages for being forced to “slop out” in Mountjoy jail.

The court ruled that Gary Simpson’s constitutional right to the protection of his person had been violated by the “slopping out” policy, in which prisoners were forced to manually empty human waste from their cells.

Last night, the chair of the Dáil’s powerful Public Accounts Committee, Seán Fleming, estimated that the ruling could cost the State at least €12m, plus “very substantial legal costs”.

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Prisoner ' s victory in ' slopping out ' case to cost State at least € 12 m . The State faces a multi-million euro compensation bill after the Supreme Court awarded a former prisoner € 7,500 in damages for being forced to “ slop out ” in Mountjoy jail.

The judge analysed issues at a recent private hearing in the Family Division of the High Court in London and has outlined detail of the case in a written ruling published online. Co Antrim teen accused of rape, blackmail and harassment in case involving five suspected victims. A judge heard he allegedly

Mr Fleming told RTÉ News that there are around “1,600 other, similar related type cases in the system”.

a man wearing sunglasses: Former Prisoner Gary Simpson. Picture: Paddy Cummins/PCPhoto.ie Former Prisoner Gary Simpson. Picture: Paddy Cummins/PCPhoto.ie

“Sixteen hundred cases at €7,500 – that’s €12m – plus there are going to be very substantial legal costs,” he added.

Mr Fleming estimated the legal bill alone from the Simpson case is around €3m.

Delivering the judgment on behalf of the five-judge Supreme Court, Mr Justice John MacMenamin said that the conditions Mr Simpson had endured were “distressing, humiliating and fell below acceptable standards in an Irish prison in the year 2013”.

The practice, which still exists for a minority of prisoners, has been roundly condemned by the Inspector of Prisons as well as in a 1993 report by the European Committee on the Prevention of Torture

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cost State at least € 12 mThe court ruled that Gary Simpson’ s constitutional right to the protection of his person had been violated by the “ slopping out ” US, lawyers for the WikiLeaks The hearing was the first since 2 May, when lawyers for the US government began pressing its case to extradite him to

Mr Justice MacMenamin stressed the €7,500 award cannot be seen as a "benchmark" when other cases may differ on the facts.

In his 2017 High Court ruling, Mr Justice Michael White found the practice breached Mr Simpson's constitutional right to privacy and dignity.

Mountjoy Prison (stock image) Mountjoy Prison (stock image)

But the court ruled he wasn't subjected to inhuman and degrading treatment while he was a protected prisoner who was sharing a cell with another prisoner on 23-hour lock-up.

But the judge said incarceration must abide by the law and any limiting of prisoners' fundamental rights must be proportionate and not fall below identified standards to protect human dignity.

Conditions of detention must comply with national and international standards which Ireland has "pledged" to uphold.

The Department of Justice last night said it and the Irish Prison Service "are studying the judgment carefully, in consultation with the State Claims Agency", which is handling similar cases.

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1,200 cases over slopping out are in the pipeline. In his judgment last month, Mr Justice White rejected a key claim by Mr Simpson that slopping out also breached his Cases of prisoners without previous convictions who were subject to slopping out after being jailed for a “once-off” offence may

The numbers slopping out now are estimated at about 1.3% of the prison population, down from Each prisoner had to take his chamber pot from the cell and slop it out into a ‘ slop hopper’ in He also refused Mr Simpson the legal costs , estimated at more than € 1m, of the case against the State

However, the practice of slopping out has been "virtually eliminated in Irish prisons" with in-cell sanitation in place for "99pc of prisoners".

However, as of last month, 58 prisoners in single cells still do not have access to in-cell sanitation, the department said in a statement.

Fíona Ní Chinnéide, executive director of the Irish Penal Reform Trust, said while it welcomed the ruling and acknowledged that the State is working to eliminate the practice, 20 prisoners in Limerick and 38 in Portlaoise are still slopping out.

In addition, 46pc or 1,802 prisoners out of last month's prison population of 3,957, "are still required to toilet in the presence of others, with many having to take their meals in close proximity to the toilet", she said.

However, she said the ruling "does underline the absolute importance of meeting basic human rights norms and standards".

"It's clear that slopping out is a degrading practice for prisoners and staff," she told Independent.ie.

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This is interesting!