The Northern Ireland Prison Service (NIPS) has accepted a censure following the death of a prisoner in February 2007.

The terminally ill prisoner died after being exposed to the legionella bacteria whilst a patient in the Healthcare Unit of Magilligan Prison.

Speaking after the Health and Safety Executive NI (HSENI) ruling the Prison Service Director General Robin Masefield said that he accepted the finding but stressed that there were numerous mitigating circumstances.

Mr Masefield said: "The Prison Service regrets the outcome for this prisoner. He was terminally ill and was being cared for in the healthcare unit of Magilligan Prison when he was exposed to infection. His weak immune system left him particularly vulnerable and, unfortunately, he became infected with the bacteria when in the healthcare unit.

"It is clear from the HSENI finding that where more than one body is responsible for the management and oversight of contracts, that clear and accountable reporting procedures need to be in place.

"In this instance the private company which was responsible for the maintenance and inspection of the water treatment programme at the prison were not directly under contract to the Prison Service, but were part of a wider crown estate contract.

"Unfortunately, where the need for remedial work was identified, as in this case, it proved to be a less than satisfactory arrangement."

Mr Masefield added that since the finding of the legionella bacteria in the Magilligan Healthcare Unit in 2007, the Prison Service had introduced a range of measures to reduce the risk of any reoccurrence.

Adrian Byrne, managing director of HBI, Ireland's leading Legionella specialists commented "It's a shame that it takes a person to die for inadequate contractor work standards and processes to be highlighted. The emphasis must always focus on quality of work, lines of communication and documented policies rather than price when it comes to contracts which monitor and control such deadly bacteria.

"I recognise that in times of budgetary constraints that the temptation is to consider the cheapest option, but when the legislation doesn't call for an independent auditor to verify the quality of the work undertaken by a contractor, it is now more important than ever to verify that the contractor is undertaking the work to a satisfactory standard."