Skip to main content
Normal View

Dáil Éireann debate -
Wednesday, 27 May 1931

Vol. 38 No. 16

In Committee on Finance. - Vote 33—Prisons.

I move:—

Go ndeontar suim ná raghaidh thar £59,327 chun slánuithe na suime is gá chun íoctha an Mhuirir a thiocfaidh chun bheith iníoctha i rith na bliana dar críoch an 31adh lá de Mhárta, 1932, chun Costaisí Príosún, na Fundúireachta Borstal, agus coinneáil-suas na nGealt gCuirpthe a coinnítear in Ospidéil Mheabhar-Ghalar Cheanntair. (17 agus 18 Vict., c. 76; 34 agus 35 Vict., c. 112, a. 6; 40 agus 41 Vict., c. 49; 47 agus 48 Vict., c. 36; 61 agus 62 Vict., c. 60; 1 Edw. VII., c. 17, a. 3; 8 Edw. VII., c. 59; agus 4 agus 5 Geo. V., c. 58).

That a sum not exceeding £59,327 be granted to complete the sum necessary to defray the Charge which will come in course of payment during the year ending on the 31st day of March, 1932, for the expenses of Prisons, the Borstal Institution, and the maintenance of Criminal Lunatics confined in District Mental Hospitals. (17 and 18 Vict., c. 76; 34 and 35 Vict., c. 112, s. 6; 40 and 41 Vict., c. 49; 47 and 48 Vict., c. 36; 61 and 62 Vict., c. 60; 1 Edw. VII., c. 17, s. 3; 8 Edw. VII., c. 59; and 4 and 5 Geo. V., c. 58).

This Estimate shows a reduction of £1,245 compared with the previous year. Under Sub-head A a decrease of £2,347 is shown. It is due to a fall in the cost of living bonus, and to a slight reduction in the number of officers, rendered possible by the fall in the number of prisoners. The staff now provided for is the minimum required to run the existing prisons. Sub-head B shows a decrease of £745, mainly due to the fact that provision is being made for an average daily prison population of 665, as against 700 last year. There is a slight decrease in the estimated cost of food per prisoner to £11 5s., as against £11 15s. last year. With few exceptions the other items of this Vote also show a decrease. The principal exception is Sub-head G—the Escort and Conveyance of Prisoners.

The cost of the conveyance of prisoners and escort after the first order of committal has been made a charge against this Vote. Last year specially cheap travelling facilities were granted by the Great Southern Railways to police and prison officers acting as escorts. This has now been withdrawn, and, accordingly, the sub-head has increased by £500. H 1 is a new sub-head, which makes provision for the installation of electric light in Portlaoighise and Cork. The installation will be done by prison labour. I do not think there is any other matter to which I need draw the attention of the Committee.

We propose as a protest against the treatment of certain prisoners to vote against this particular Estimate. There are four or five prisoners about whom the Minister will not change his attitude of mind. Time after time we have pointed out to him the necessity of treating certain types of prisoners differently from others. Certain political prisoners should be treated in a different way on a different basis. The motives of these men must be taken into consideration and they must be treated as men of honour, and not degraded to the position of prisoners who deliberately set out to commit crime.

There are at present four or five men of this type in jail. There is George Mooney, who is in solitary confinement. His condition has shocked people who have seen him lately, as did the condition of Aidan Sweeney, who was recently released from jail, having served his sentence; his health has been considerably undermined. George Mooney refuses to associate with the ordinary criminals at work and otherwise. As a result he has been continually in solitary confinement for the last eighteen months. His case is a particularly hard one, because he fell into a trap which had been laid for him by a certain police officer who handed him a gun, explosives, and some other things, I understand. Then other policemen got hold of this chap. It was the case of an agent-provocateur. Under these circumstances I think the Minister should change his attitude to prisoners of this sort, in order to prevent people of this type from being treated as they are being treated.

We may not agree with their point of view, but we certainly should not have traps laid for them by agents-provocateur. Such a man should be treated differently. Under these circumstances we can have nothing but censure for the treatment of prisoners of this kind.

Another case is that of Seán McGuinness, who escaped from prison several years ago. He was originally condemned to a period of imprisonment as far back as 1925 by a person with a very pro-British point of view, a judge who is no longer on the Bench. He is in prison now, having been captured after several years and he is in solitary confinement serving a period of eighteen months.

The case of Seán Hogan is somewhat different. His case was not, I admit, a clear one, but there was considerable evidence to show that it was not altogether his fault and that what happened, happened under certain circumstances during the war. An amnesty has been given in all cases. This man has been in bad health for a long time and that is admitted by the prison authorities, and he should receive special consideration. He has not received the ordinary visits which prisoners receive. There is undoubtedly an idea, and it is based on good evidence, to show that he is not being treated as a man in delicate health should be treated.

Again there is the case of Con Healy. That case was discussed in this House last year, when very severe comment was made on the attitude of the Minister. As was pointed out by Deputy Gerald Boland during the debate, he had been on the run for a considerable time. He could not have been a criminal, because for a long period he was sheltered by the people of his own neighbourhood. He had their goodwill, which would be impossible in the case of an ordinary criminal. He was a man of high standing and a great record during the war for freedom, and he was a man whom the police authorities had threatened to shoot at sight. The result was that when he came up against the police he defended himself because he expected to be shot at.

The next case is that of George Gilmore, one of those people who is always seized and put into prison whenever the Government think about it. A considerable time before he was arrested he had a tussle with a policeman. Whether the policeman hit him or whether he hit the policeman is a matter which has yet to be settled and a matter into which we need not go now. It is an extraordinary thing that although this offence occurred some eleven months ago and there were ample opportunities of arresting him and ample opportunities on the part of the policeman with whom he had the struggle for charging him, the policeman refused to charge him and admitted that they had struggled together for two hours.

It was not until eleven months afterwards that the Government took it into their heads to arrest George Gilmore. These are the cases which move us to protest against the treatment of prisoners. On another debate of this kind, I quoted the late Dr. George Sigerson to show how necessary it is in a civilised State that political prisoners should be treated on an entirely different basis from criminal prisoners, but apparently that has had no effect on the Minister or his Department. They continue the same treatment towards these prisoners, thus maintaining a remnant of the ugly spirit that was in this country five or six years ago.

Turning to other matters, I would like to point out to the Minister that on the evidence of certain prisoners who have been in the Bridewell, its condition is dirty and the blankets there are verminous. I do not care who the criminal is——

The Bridewell does not come under this Vote.

I would suggest to the Minister that he should look into the matter, and take steps to see that the Bridewell itself is thoroughly cleaned, and also the blankets.

They are perfectly clean. They are disinfected regularly.

How does the Minister know?

If that is the attitude of the Minister it is hopeless. It is an a priori judgment. As long as the Government take up this attitude towards prisoners inside this State, it is useless to make any protest as regards prisoners of a similar kind held in Northern Ireland, which is a kind of No Man's Land among the Governments of Europe. According to the Minister for External Affairs, it does not seem to be subject to the jurisdiction of the League of Nations. One would imagine that a Government would make some protest on behalf of its own citizens.

That matter does not arise on this Vote.

As long as the Government take up that attitude on the question of political prisoners in their own State, of course they are estopped from making any plea on behalf of citizens of this State who are held as prisoners outside of it. As I mentioned before, I think the prison report should be brought more up-to-date. It ends with the year 1929. I think it should be possible to bring it up to as far as the middle of 1930 at least in order to make it more closely in touch with actual conditions. We are now not talking about the various matters which arise on the prisons up to the end of 1930, but rather on matters relating to 1929. That tends to take some reality out of the discussion. I do not think it would be making an undue demand on the Department by asking to have the report brought down to 1930. The question of the Visiting Committee arises again this year. The reconstituted Dublin Corporation made representations to get back the rights it once had to appoint members on the Visiting Committee. Its application met with a point-blank refusal from the Minister, following up his other gesture when he broke a promise to this side of the House——

——to appoint members suggested from this side of the House. Now he is refusing to allow the Dublin Corporation to exercise the right it formerly had to appoint members to the Visiting Committee. I notice from the report that the number of persons arrested and returned for trial was 4,038. Of these 2,971 were convicted and 1,067 were acquitted. That points rather to overdoing it as regards making arrests when we find that over one-third of those arrested were acquitted.

That does not arise on this Vote.

I submit that it arises on the Vote for the prisons.

Would the Deputy show me the relevancy on this Vote of the number of persons arrested, the number convicted, and the number acquitted?

These figures arise on the Vote for the Prisons Board.

But they do not come under this Estimate.

It is the only Vote that one can raise the question on.

The Deputy could raise it on the Vote for the Minister's office.

If those fine distinctions are to be made it becomes difficult to discuss certain things. As a matter of fact, I have said all that I wanted to say. If the Leas-Cheann Comhairle would allow me I would like to make at least a little more clear the point that I was dealing with. Of the number of persons arrested, 2,971 were convicted and 1,067 acquitted. These figures show that just one-third of the number arrested were acquitted. I shall leave the matter there, because, apparently, it cannot be discussed on this Vote. An analysis of the Vote shows that the cost of maintaining a prisoner is about £128 per head. The cost seems rather high when one compares it with the cost of maintaining a patient in a mental hospital. Yet in mental hospitals, where good plain food is supplied, much better food than is supplied in the prisons, the cost is much less. There seems to be a great disproportion in the cost per head of maintaining a prisoner and of a patient in a mental hospital. It is impossible for us on these benches to know where economies might be made. I still hope that the Minister will see his way to change his attitude on the fundamental issue; that he should try to do something instead of savaging these people who have strong convictions, and treat them as men, as men o honour.

I also would like to join in the protest against the practice of compelling certain people convicted of political offences to associate with criminals interned in jails and depriving them of privileges if they refuse to do so. A number of these political prisoners are, as Deputy Little said, honourable men, and association with some of the people whom they find themselves in contact with in the jails is very distasteful to them. I know that the Minister has a peculiar outlook on matters of this kind. He probably thinks that these individuals are the worst criminals in the land, but that is merely because it is politically advantageous to him to pretend that they are. He knows that a man like Con Healy could not possibly be described as a criminal. He was a man who was hounded for a long time, and for no reason, by police officers. When ultimately arrested they had no charge to prefer against him.

Yet they hunted him around the country and detectives continually boasted in public that when they caught him they would shoot him. Being very definitely of the opinion that arrest by these officers meant death for him, Healy, when he came into contact with them resisted arrest, and because he resisted arrest and a police officer was injured in the struggle, he was sentenced to a savage term of imprisonment by a prejudiced court. The only thing with which he was charged in court was resisting arrest.

Not all. Shooting at a Guard with intent.

In the process of resisting arrest. Why were the Guards chasing him?

Because he committed a crime.

What crime? What right has the Minister to say that he committed a crime?

Because he was charged with the other crime subsequently, and the smaller one was let pass.

Although the police were chasing him around, when they got him they did not charge him.

They did charge him.

We have only the Minister's word for that. I say there was no reason for hunting him, and I say that the sentence imposed on him was a travesty of justice.

The Deputy thinks that the shooting at a police officer is a virtuous act?

I said nothing of the kind. I say that the police officers who were chasing Healy boasted that when they caught him they were going to shoot him, and I say that they are a disgrace to the force.

Perhaps the Deputy would explain what he meant by "a prejudiced court"?

If the expression is unparliamentary I withdraw it.

I think it is better that it should not be made.

The fact is that this man has been sentenced to a long term of imprisonment. I consider him to be an honest and an honourable man, much more honourable and honest than some of those responsible for his arrest. While he is detained by the Executive Council I think it is not unreasonable to ask that he should not be deprived of privileges because he refuses to associate with criminals whom he finds in the jail.

Who told the Deputy that he refuses to associate with anyone?

I take it that he is either compelled to associate with these people or to lose privileges.

He is an ordinary prisoner, living the life of an ordinary prisoner.

I suggest that he is not and I suggest that in justice he is entitled to special treatment. The same applies to some other prisoners mentioned by Deputy Little. Mr. McGuin ness, recently arrested and who is now undergoing a sentence imposed in 1925, cannot be described as an ordinary prisoner. He was an elected representative of the people when sentenced. The other prisoner mentioned by Deputy Little who is in jail because of a deliberate police plot to put him there cannot be described as an ordinary criminal. These people are in prison and it is the policy of the Executive Council to keep them there, but we suggest that in decency while they are there they should not be compelled to associate with the moral degenerates put along with them. However mistaken Deputies may consider these men—and in many respects I would agree with them in that—I say in the main they are honourable people who are entitled to different treatment from that given to prisoners charged with some of the offences we read of in the papers. The cost to the State would be very small, and the administrative inconvenience would be practically nil. It is merely the prejudiced attitude of the Executive Council and of the Minister for Justice in particular that is compelling these men to undergo the degradation inflicted upon them.

We have heard a rather interesting speech from Deputy Lemass—a speech which shows a great deal of the mentality of the Deputy, a great deal of the real views of his Party and not the hidden camouflage that we occasionally get when the Deputy tries to do his hedging outside. These prisoners according to the Deputy are men of honour. They are not men who deliberately set out to commit crime according to Deputy Lemass. They are really persons of the very highest morality we would rather gather from the speeches that have been made from the benches opposite. Who are they? Con Healy we are told is a man of strict honour. Con Healy is a perfect person. What did he do? Con Healy fired at Guards with intent to hit them.

And who had announced their intention of shooting him when they caught him.

There is no foundation for that statement. When they arrested him they did so without firing a shot. On the occasion he fired at them he cleared away and escaped for some months. If the Deputy knew anything about the case he would know that. And this man is held up to be a hero! Is it no harm to assault the police? Is it no harm to fire at the police? You are a man of honour if that is the only crime you commit! Is there nothing dishonourable, nothing discreditable and nothing disgraceful in that? The Deputy started a new theory. Another man is in jail for assaulting the police—McGuinness. What is the excuse? He was once an elected representative of the people. Is a person who has been an elected representative of the people to be above the law?

I did not say that.

Well, what is the meaning of the remark? Does Deputy Lemass claim to be above the law? Does he claim that he or Deputy Little could assault the Guards without breaking the law and that they should not be punished if they did? Is that a sort of new immunity for an elected representative of the people?

He had the confidence of the people.

Hogan is also a man of strict honour. Hogan is a man who could not by the widest stretch of the imagination be called a political prisoner. He was found guilty of murder and was sentenced to death, but the sentence was commuted to penal servitude for life. He was on extremely bad terms with the man who lost his life, owing to the fact that the families were on different sides in an agrarian dispute. We are told that Mooney was a man of high personal honour. He was only found with a bomb and a revolver. Of course, the destruction of property or the taking away of life is not a thing that in itself, according to the Deputies opposite, would derogate at all from a man's personal honour.

Is it not a fact that the bomb was given to him by a person in the pay of the Minister?

It is not a fact.

It is, of course.

As far as these men are concerned let it be known that they are not in solitary confinement. These men are entitled to take exercise and to have such amenities as there are in prison life. They are entitled to exercise if they wish to take it. Healy takes his exercise and does his work and I think he is very wise. Hogan will not do any work, but he takes exercise.

I will not say anything about one of the gentlemen about whom Deputy Little, strange to say, talked though he is still an untried prisoner. I think that it is highly undesirable that the case of an untried person should be discussed here. I will not therefore say one word about it. Take the cases of McGuinness and Mooney. They are entitled to the same exercise as any other prisoner. If they choose to remain in their cells that is their own affair, but they can come out if they like and have the same privileges as other prisoners. I do not look on these men as heroes, martyrs and saints, as Deputies opposite would like us to believe they are. I look on them as dangerous persons who have committed crimes and persons who commit crime will have to pay the penalty. This endeavour to hunt with the hare and run with the hounds, to half denounce them, and at the same time say that they are the most magnificent persons, discloses a type of mind, a course of conduct, which appears to me to be simply contemptible. With regard to the criticisms of the prisons, we really have had none except one from Deputy Little to the effect that too much money was being spent upon the prisoners. That is a very curious change of mind on the Deputy's part because last year he found fault with the administration of the prisons. He said that not enough money was being spent and therefore he thought that the prisoners must be starving. This year, however, he says that too much is being spent. That shows the inconsistency of the Deputy and the amount of thought which he gives to an estimate before criticising it.

In regard to certain improvements that have been adopted in British gaols does the Minister propose to adopt similar improvements here? In English gaols lectures and concerts are often given twice weekly. It is different here where the prisoners are confined from 4 p.m. until next morning.

I am not aware that there are any official lectures given in England. I understand that any lectures that are given are generally given by voluntary associations. So far as our prisons are concerned, there are no actual lectures given to the prisoners but a concert is given once or twice a year, especially at Christmas in both convict stations.

Would the Minister consider the question?

If I thought that in the peculiar conditions of this country it would be to the advantage of the prisoners I would certainly see that something was done but I do not know that lectures are very beneficial. To a large extent it depends on the lecturers and the type of lectures. In the case of ordinary convicts. I do not know that they would be very uplifting.

They might be adapted to suit them.

Question put.
The Committee divided: Tá, 64; Níl, 43.

Tá.

  • Aird, William P.
  • Alton, Ernest Henry.
  • Beckett, James Walter.
  • Bennett, George Cecil.
  • Blythe, Ernest.
  • Bourke, Séamus A.
  • Brennan, Michael.
  • Brodrick, Seán.
  • Carey, Edmund.
  • Doherty, Eugene.
  • Dolan, James N.
  • Doyle, Peadar Seán.
  • Duggan, Edmund John.
  • Dwyer, James.
  • Egan, Barry M.
  • Esmonde, Osmond Thos. Grattan.
  • Fitzgerald, Desmond.
  • Fitzgerald-Kenney, James.
  • Good, John.
  • Gorey, Denis J.
  • Hassett, John J.
  • Heffernan, Michael R.
  • Hennessy, Thomas.
  • Henry, Mark.
  • Hogan, Patrick (Galway).
  • Holohan, Richard.
  • Jordan, Michael.
  • Kelly, Patrick Michael.
  • Keogh, Myles.
  • Law, Hugh Alexander.
  • Lynch, Finian.
  • Mathews, Arthur Patrick.
  • Collins-O'Driscoll, Mrs. Margt.
  • Conlon, Martin.
  • Connolly, Michael P.
  • Cosgrave, William T.
  • Craig, Sir James.
  • Crowley, James.
  • Daly, John.
  • Davis, Michael.
  • De Loughrey, Peter.
  • McFadden, Michael Og.
  • Mongan, Joseph W.
  • Mulcahy, Richard.
  • Murphy, James E.
  • Myles, James Sproule.
  • O'Connell, Richard.
  • O'Connor, Bartholomew.
  • O'Donovan, Timothy Joseph.
  • O'Hanlon, John F.
  • O'Leary, Daniel.
  • O'Mahony, The.
  • O'Sullivan, Gearóid.
  • O'Sullivan, John Marcus.
  • Reynolds, Patrick.
  • Rice, Vincent.
  • Roddy, Martin.
  • Sheehy, Timothy (West Cork).
  • Thrift, William Edward.
  • Tierney, Michael.
  • White, John.
  • White, Vincent Joseph.
  • Wolfe, George.
  • Wolfe, Jasper Travers.

Níl.

  • Aiken, Frank.
  • Allen, Denis.
  • Anthony, Richard.
  • Blaney, Neal.
  • Boland, Gerald.
  • Boland, Patrick.
  • Bourke, Daniel.
  • Brady, Seán.
  • Briscoe, Robert.
  • Broderick, Henry.
  • Carty, Frank.
  • Cassidy, Archie J.
  • Clery, Michael.
  • Corkery, Dan.
  • Crowley, Fred. Hugh.
  • Crowley, Tadhg.
  • Davin, William.
  • Derrig, Thomas.
  • De Valera, Eamon.
  • Fahy, Frank.
  • Flinn, Hugo.
  • Geoghegan, James.
  • Gorry, Patrick J.
  • Goulding, John.
  • Hayes, Seán.
  • Hogan, Patrick (Clare).
  • Houlihan, Patrick.
  • Jordan, Stephen.
  • Kennedy, Michael Joseph.
  • Killilea, Mark.
  • Lemass, Seán F.
  • Little, Patrick John.
  • Maguire, Ben.
  • MacEntee, Seán.
  • Moore, Séamus.
  • O'Dowd, Patrick Joseph.
  • O'Kelly, Seán T.
  • O'Reilly, Matthew.
  • O'Reilly, Thomas.
  • Ryan, James.
  • Sexton, Martin.
  • Sheehy, Timothy (Tipp.).
  • Walsh, Richard.
Tellers:—Tá: Deputies Duggan and P.S. Doyle Níl: Deputies G. Boland and Allen.
Motion declared carried.
Top
Share