Double-bunking to continue with Labour
A legal loophole means double bunking in prisons will remain under the current Government, despite Labour vociferously campaigning against it while in opposition and being criticised by the Human Rights Commission.
Official documents released by Treasury on Friday have revealed there were inconsistencies between the Corrections Act, regulations and operational instructions issued by the Corrections chief executive that could expose the crown to legal action if it were banned as immediately as planned.
The advice and analysis, provided by the Corrections Department and vetted by Treasury, says while it considered cell sharing was consistent with domestic law and international obligations, litigation against Corrections could be costly for the Crown. ‘‘In the worst case scenario, a challenge to current practice could result in a court decision requiring the Department to reduce its use of cell sharing, which would increase the pressure on available accommodation and impose substantial costs on the Crown.’’
Corrections Minister Kelvin Davis told Stuff Corrections would not be filling up all cells with double bunks but cell sharing was still required and would clarify some legal ambiguity. ‘‘I would still prefer there was no double bunking but there is a bit of a legal risk that occurred under National, where a prisoner had questioned if double bunking was OK, and that has yet to be closed off . . . We don’t want the Crown to be at risk of being threatened by legal action.’’
It comes as the Corrections Amendment Bill passed its third reading in Parliament yesterday by 63 votes to 57. It contains several changes to improve the ability of Corrections to manage prisoners, improve discipline and safety, and ensure the fair treatment.
The bill removed the reference in the regulations that individual cells were preferred and prisoners assessed as unsuited must be accommodated in an individual cell. The bill also included safeguards to ensure sharing occurred appropriately and was not used without limits and put an explicit legal authority for cell sharing into primary legislation.
Double bunking was also needed because the prison population had not yet been reduced to the extent the Government had hoped for, Davis said.
Green Party justice spokeswoman Golriz Ghahraman has been outspoken about double bunking but supported the bill because it shifted the Government’s stance towards rehabilitation . The double-bunking provisions in the bill were a result of the prison population ballooning under National, which led to inhumane conditions, she said.
The bill will also outlaw tattooing in prison, testing for a wider range of drugs, including synthetic cannabis and allowing for the use of imaging technology like body scanners to more effectively detect contraband.
National’s Corrections spokesman David Bennett said his party opposed the bill, originally proposed under the National Government by Louise Upston, because it removed clauses for individual rehabilitation plans, which was at the core of National’s plan.