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Dáil Éireann debate -
Thursday, 11 Jun 1931

Vol. 39 No. 2

Public Business. - Prisoners on Hunger Strike.

I asked the Minister to-day a question in reference to two prisoners who are at present on hunger strike in Mountjoy Jail. At the end of the question I asked him what he proposed to do with reference to their future condition. The question I asked was this:—

Whether he is aware that the Visiting Committee or doctor in Mountjoy Jail directed that the doors of the cell of two prisoners, namely, George Mooney and Seán McGuinness, should be left open during certain hours, and that the said doors have been kept closed during these hours by the prison authorities, and that the prisoners in consequence broke their windows for the purpose of ventilation; and further, is the Minister aware that the said prisoners were placed in strait-jackets or muffs or other prison device and that Seán McGuinness has subsequently been spitting blood; and what he proposes to do in the matter.

The Minister's answer was:—

I am aware that the two prisoners mentioned were allowed, as a privilege, to have their cell doors open during the greater part of the day. They abused that privilege by leaving their cells without permission, and forcing their way into cells occupied by other prisoners. The privilege was accordingly withdrawn. I am aware that following the withdrawal of this privilege the prisoners broke the windows of their cells, but the suggestion that this was done by them for the purpose of ventilation is not correct: the ventilation with the cell door closed is quite adequate and is, in fact, the normal ventilation of the cell. I am also aware that following the breaking of the windows the prisoners' hands were secured in muffs so as to make it impossible for them to do further damage. I am not aware that the prisoner McGuinness has subsequently been spitting blood.

In that answer there are some very remarkable omissions. The Minister has entirely omitted any reference to the Visiting Committee or the doctor. He has not suggested that it is not true that the doctor or the committee directed that the cells should be left open. The direction to leave the cells open was for the purpose of airing them. It was not the normal ventilation but special ventilation to deal with prisoners who never left their cells. Such airing was absolutely necessary for at least a few hours every day and it was because of that that it became necessary when that direction was not carried out for the prisoners to break the cell windows. We are not prepared to accept the Minister's statement, which appears very fantastic, that these men went out of their cells and forced their way into other prisoners' cells. If they should happen to go out of their cells there were plenty other ways to prevent them doing that besides depriving them of what was a real necessity for their lives. Their condition of health is extremely bad. The condition of one man who was imprisoned under similar conditions was so bad for a long time afterwards that people were very uneasy about that particular individual. For a long time his condition of health was very serious. These two men are in a serious condition of health and this extra airing of their cells is an absolute necessity for them. Then again, they were put into muffs, which is another form of strait-jacket. The use of muffs in a case like that seems to be altogether out of proportion to the action of the prisoners under the conditions.

This is the position at present: these men are both in delicate health. According to one report, one of the prisoners, Seán McGuinness, was spitting blood subsequently, and it is necessary for me to read an affidavit which we have obtained and upon which we have based our question. This affidavit was made by Patrick Norton. He was a prisoner for a short period and was released at the end of his sentence. He had direct experience of the incidents that occurred in the jail. Patrick Norton says:—

"I was brought to Mountjoy Prison, 25th May, with Hugh Connolly. We were sentenced in connection with selling Easter Lilies.

We were kept in basement cells Saturday and Sunday till Monday morning, when we were taken to the reception. We demanded to be put in the same wing with the political prisoners, in B. 1 Wing, and we were taken there. We demanded that our doors should be left open, like the doors of Mooney and McGuinness are, for a certain number of hours each day.

On Tuesday Hugh Connolly was induced to come out of his cell by a warder, who told him the Governor wanted to speak to him (this Connolly told me when we were released). When outside his cell he was seized by two warders and forcibly dragged to D. 1, where the juvenile criminals are kept.

On this day my door was not open, so I rang the bell. Mooney and McGuinness's doors were also left closed, and they also rang. No warders came, and after some time waiting we decided, on account of the stuffiness of the cells and as a protest against being kept in solitary confinement, to smash the windows of the cells.

Presently I heard a noise in the corridor as of warders rushing along. Then I heard sounds of shouting and struggling in McGuinness's cell, then it was quiet till the noise of struggling came in Mooney's cell, and Mooney shouted: `They are putting me in the strait-jacket.' Then the noise ceased and the warders rushed to my cell. When the door was opened I saw a big crowd of warders, perhaps twenty, the Governor and Chief Warder Sugrue leading them. One of the warders carried what I take to be a strait-jacket. It was leather with straps. I was seized and dragged to A. 1 Wing, and put into a cell, from which the bed, stool and table were removed. These were returned some hours later.

Mooney is looking very ill. He has got no exercise since November, 1929. Even the chapel is used in the attempt to degrade political prisoners. On Sunday I saw Mooney being dragged about by warders in the chapel. Hugh Connolly was dragged from his seat in chapel by two warders and carried to the front, in order to place him among the criminals.

On Corpus Christi day, when the warders came to fetch me to Mass, I asked the chief warder was it his intention to prevent me sitting with the political prisoners in the chapel. He said I would have to sit with my class —the men who were in the wing with me. I said: `If that is the case I will refuse to go to the chapel,' and I went back to my cell. When I was in Mountjoy before, the political prisoners were allowed to sit in the same bench. The priest came to my cell after Mass. I explained why I did not attend the Mass that morning. I said that in the attempt now being made to force political prisoners to associate with criminals, the warders did not hesitate to push us about and create disturbance, which I considered disrespectful in chapel, and as I did not wish a recurrence of this I preferred attending Mass spiritually in my cell. He said he could see my point. He was sorry, and he feared the chapel was to be used in the dispute between both parties. He also said that he had always found the political prisoners behaved themselves properly in the chapel.

I was released on Friday. McGuinness and Mooney are very indignant at the way they are being treated in Mountjoy Prison. A terrible injustice is being done to political prisoners, whose health is being ruined, and who may be forced in the end by desperation to hunger strike as the only means to end it."

Now we have the position mentioned in the end of that affidavit, that these prisoners have gone on hunger strike, and I suggest to the Minister that it is sheer madness for him to continue this line of conduct. The whole matter could be cleared up by treating these prisoners as honourable men and not as ordinary criminals.

I would like to know from the Minister what regulations have been issued with regard to the health, control, restraint and so forth of prisoners, whether the regulations issued in 1902, as amended by the rules issued in 1908, are the regulations that still continue in regard to the conduct and control of prisoners; if these rules are not now in force, when were they rescinded and what regulations were issued instead; when these regulations were issued; when they were sent to the governors of the various prisons. I ask the Minister to give the House some idea of the punishment that might be inflicted in respect of any new regulations that were issued. I find, according to the regulation I have: "No punishment or privation of any kind shall be awarded to a prisoner by any officer of the prison except the governor, or, in his absence, the officer appointed to act for him." In the category of offences is one which I believe the Minister refers to in this case: "in any way disfigures or damages any part of the prison or any articles to which he may have access." The punishment to be inflicted for that is "close confinement for any period not exceeding three days; No. 1 diet: reduction from a higher stage to a lower stage or postponement of promotion to a higher stage for a period not exceeding fourteen days; deprivation of mattress for any period not exceeding three days." The next rule, 82, says:

If any prisoner is charged with any serious or repeated offence for which the punishment the governor is authorised to inflict is deemed insufficient, or is charged with any offences with the aggravations mentioned in this rule, the governor shall, without loss of time, report the same to the visiting committee, or one of them, who is empowered, after inquiry into the same on oath, to determine concerning any matter so reported to him, and to order the offender to be punished.

The offence referred to there is "wilfully or wantonly breaking the prison windows or otherwise destroying the prison property." I want to know from the Minister, if that regulation is in force, whether such a report was or was not made to the Visiting Committee. With regard to the use of mechanical restraint, the regulations provide: "No prisoner shall be put in irons or under mechanical restraint by the governor of any prison except in case of urgent necessity, and when necessary for the purposes of restraint, and the particulars of every such case shall be forthwith entered in the governor's journal and notice forthwith given thereof to one of the Visiting Committee." If this regulation is in force—if it has not been rescinded or amended—was notice given forthwith to the Visiting Committee? The Minister's answer to the question put by Deputy Little to-day is more conspicuous because of its omissions than because of a desire to give information to the House. He states that one of these prisoners was allowed as a privilege to have the doors of his cell open. Why was the privilege extended to this prisoner? The Minister has repeatedly stated here that he is not prepared to admit that certain prisoners are entitled to political treatment. Does the Minister suggest to any reasonably-minded person that the cell doors were left open for these prisoners as a privilege? Was it not because the cells were insufficiently aired and the ventilation bad? Was it not on account of the health of the prisoners that this was done? I am sure that the Minister does not seriously suggest to the House that those cell doors were left open for any other reason than that it was absolutely necessary to leave them open. We know from his attitude to those prisoners—the attitude he has taken up in this House when any question about those prisoners was brought up here—that it was not as a generous concession on his part that this was done. He refers to the prisoners breaking windows. Did the breaking of the windows he refers to take place when the doors were shut on their cells and they were prevented from getting the ventilation which was thought necessary? He says that these prisoners forced their way into other cells. He does not say into whose cells they forced their way. He gives us no particulars. We have to take the Minister's word for that. Can he not inform the House into whose cells they forced their way? He seems to make a distinction between muffs and strait-jackets. There is very little difference between them, as far as I understand. The strait-jacket enables the hands to be tied down to the side, while the other article comes under the arm and is a leather jacket with straps. There is one matter which I consider is serious, and which the Minister should take some steps to have cleared up, at any rate. That is the complaint made in this affidavit as to interference with these prisoners in chapel when they go to Mass. That statement has been made in an affidavit sworn before a Commissioner, and it is for the Minister to say whether or not that statement is correct.

I want to add my protest to the protest already made here. The facts which have been given by Deputy Little and Deputy Ruttledge make the position clear. A state of affairs emerges from this discussion such as is supposed to exist, according to reports in the Irish press, in certain alleged prison camps in Russia. We hear a lot of denunciations of that position, both from ecclesiastical sources and otherwise in this State. I hope that the Press, when they give the report of this debate in the morning, if they report it at all, will take note of the fact that, despite any information the Minister may give or may not give, despite any questions he may ask or may not ask, there is one fact paramount—that here in Mountjoy Prison at the present moment there is a hunger strike. That is the main point to remember. This hunger strike is not indulged in by criminals, but by two men who believe in the independence of this nation, who believe that they have the right to assert the political status which was asserted against a stronger power than the Minister can ever hope to represent, and fought for and won in jails throughout this country in the fifteen years from 1916 on. The Minister is surprised that there is bitterness in this country. The Minister wonders why it is that old hatreds die hard, and his Government probably wonder at the same thing. Before he replies, I want to put it to him straight that the reason for the bitterness, hatred and animosity that exists in the hearts of many people of this country, is the vendetta that is being carried on deliberately and cold-bloodedly by his Department. I suggest to him that his first action, if he has any of that sense of Christian humanity, which the Catholic Truth Society, of which he is a member, preaches so much, should be to ensure that the hunger strike will not last a night longer. I had experience of it in 1923 in the same rotten hole, which should have been destroyed like the Bastille long ago. The Minister, if he had any conception of what it is, would not tolerate for a moment, even if it meant releasing those men, the infliction of further hardship in this manner. I suggest that he is piling up a heritage of animosity, hate and bitterness not alone for himself but for the Government for which he stands. I feel very keenly on this point. I read in the papers yesterday morning that such a hunger strike was in progress. I suggest that it need not be wondered at that actions are taken by certain young men in this country, actions which undoubtedly tend to create disorder and chaos, actions which were engendered by the policy of hate and bitterness pursued by the Minister, which are being engendered and will continue to be engendered if he pursues that policy. I ask the Government to see that the hunger strike is called off at once, by conceding the demands that are made, and not allow petty considerations of spite to interfere with the cause of justice.

The Minister has the right to conclude the debate.

I shall not occupy many minutes.

I thought that ten minutes was the allowance for the Minister.

If the Minister got ten minutes without interruption it might be sufficient.

I do not know that there is much use in appealing to the Government Benches on this matter. We appealed frequently before, when similar cases were reported to us, for political treatment for political prisoners. If that treatment had been given in this case, this trouble would not have arisen. The principal men referred to here—McGuinness and Mooney—who are reported as on hunger strike for some days, cannot be classed as other than men who are in prison for their political convictions. I am informed on what I believe to be reliable authority that Mooney is in prison because of the action of an agent provocateur—a person in the pay of the Department of Justice. A person who was admitted by an authority in the Minister's Department to be in the pay of the Government induced this man to do a certain act which landed him in jail for a considerable period. He is a political prisoner, and I am appealing to the Minister for political treatment for this man. So far as I know anything about his politics in the past, the Minister himself has no reason as an individual or as Minister for Justice to have this bitter personal animosity toward Republicans that the majority of his colleagues have. I take it he will stand by his colleagues, naturally, in any decisions they take, but he is one who, I believe, has no reason to have this bitter personal animosity towards Republicans, because he has not been associated with that movement——

It was understood that I was to get ten minutes to reply, and I must ask the Ceann Comhairle to request the Deputy to see that that time is left me.

I understood that that undertaking was given by Deputy O'Kelly.

I shall close on this note—that the Minister should accede to the demand of these men, who are nothing but political prisoners, for fair treatment as political prisoners.

I must start off by absolutely denying the statement made by Deputy O'Kelly—a statement which is devoid of any foundation in fact——

What statement?

The statement that there was ever any agent provocateur in the employment of this Government. The statement that Mooney was led into the crime which he committed by the action of any agent provocateur is a complete and entire falsehood. It is devoid of any foundation.

Does the Minister——

The Minister must be allowed to proceed.

It was admitted in open court.

That is an absolutely untrue statement and devoid of the slightest foundation. We know the particular game the Deputies opposite play. We know the attitude they take up. We know how men who walk around this city for the purpose of committing crime, men who walk around with bomb and revolver, are held up by them as being honourable men. Deputies opposite consider that it is the right and honourable thing to upset by force of arms the Government established by the Irish people in this State. That is the view which they put forward. They try to make out these unfortunate young men to be heroes, when as a matter of fact they are nothing but poor, misguided fools in the attitude they take up, both inside and outside the prisons. I have been challenged on the facts of this case. I have been challenged with regard to the reason for the opening and closing of their cell doors. Some other prisoners some time ago started this business of refusing to leave their prison cells. It was started by certain prisoners who called themselves Society of War Prisoners, or some name of that kind. It was joined in by two men who subsequently served their time and were released. Mooney was placed in prison and Mooney has remained there.

By Carroll.

Not by Carroll. Mooney was given the privilege of having his door open. I shall tell you why he was given that privilege. He was not given that privilege by the doctor or by the visiting committee, because neither the doctor nor the visiting committee had power to grant him any such privilege. As a matter of fact, I granted him that privilege. I saw perfectly well that these men were being made catspaws of, that they were making life in the prison much harder for themselves than it need be; that they were being encouraged in that foolish attitude by Deputies opposite, obviously for political purposes, and that they were being encouraged in that foolish attitude by certain persons outside this House who use them as a theme on which they can make street-corner speeches on Sunday mornings. I did pity these unfortunate catspaws, and I considered that it would give a certain easing of their situation if their doors were left open—especially if their doors were left open in the hot weather. They abused that privilege. Mooney had enjoyed it for a very considerable time. But then they abused the privilege. Mooney and McGuinness endeavoured, on the 1st June, when their doors were unlocked, to get into the cells of two other prisoners. They did actually get into the cells of two other prisoners. They got into the cells of prisoners who were there for a short time—Norton and Connolly. They were told that since they had been given a privilege—since they were allowed, as none of the other prisoners in Mountjoy was allowed, to have their cell doors open—and had abused the privilege, they would have to lose that privilege. They then proceeded to break up their cells. They broke their cell windows. We are attacked because restraint was put upon them when they broke their cell windows. Are they to be allowed to break up all their cell furniture if they choose?

Certainly.

That shows the point of view of Deputy Mullins and possibly it is the point of view of the members of the party of which Deputy Mullins was up to recently a distinguished ornament. I can tell Deputy Mullins and the Deputies opposite that the law is going to be obeyed in this country and that nobody in this country is going to set himself above the law. The Deputies opposite are encouraging these men to continue in the foolish attitude which they have taken up. The Deputies opposite are encouraging these men to keep on with their hunger strike.

A Deputy

Who said that?

If they keep on, they are told they are honourable men; we are to give in to them and they are to be victorious. They are to be masters of the whole country and they are to be the rulers inside the prisons in which they may be confined. Prison discipline is not for them, according to the Deputies opposite. I state here, as I have stated before, that if these men choose to injure their health it is their look out and the look out of the Deputies opposite who encourage them in that proceeding.

Are you going to let them die?

Encourage them as they are encouraging them by debates such as we have had to-night and debates such as we have had on previous nights. If these young men do injure their health, as no doubt they will, no small share of the moral responsibility for that will rest on the party opposite.

Your agent put one of them in.

I say that that is an absolutely unfounded statement.

Your agent provocateur must take responsibility——

The Minister must be allowed to speak.

It is for these young men to continue or cease this hunger strike themselves. If they choose to injure themselves, it is their look out. They are free agents. They are free to exercise as other prisoners are. They are free to go off hunger strike any moment they like. If they do not, the responsibility is theirs. They are not going to shorten the term of their imprisonment by any hunger strike in which they may indulge. Let it be clearly and distinctly understood that they are not going to abridge by one hour the term of their imprisonment by going on hunger strike.

They are not looking for that.

That must be clearly, definitely, and distinctly understood. Deputy Ruttledge went into the question of prison regulations and asked if the present regulations had been observed. He said that he did not consider that there was any power in the Governor to put any restraint on these men to prevent their doing any further damage to the prison furniture.

Furniture!

When I say "prison furniture," I mean not merely the actual things in their cells but the windows of their cells and the doors of their cells. It would have been utterly and entirely wrong on the part of the Governor if, finding that these prisoners were damaging their cells, as they were damaging them, he had not taken steps to prevent that damage being carried on——

It is now 11 o'clock. The House stands adjourned until 10.30 a.m. to-morrow.

The Dáil adjourned at 11 p.m.

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