I have received from Deputy Norton private notice of a question which the Chair is prepared to allow.
Private Notice Question. - Prisoner on Hunger Strike.
asked the Minister for Justice if he will state whether Mr. Con Lehane, who is detained in military custody, has been on hunger and thirst strike since the 12th October, and whether, in view of the fact that no charge, whatever, has been preferred against him, he will authorise Mr. Lehane's release from custody.
The prisoner in question was arrested and interned under the provisions of Part 6, Section 55 of the Offences Against the State Act, 1939. As the Deputy knows, under Section 59 of the same Act a prisoner so detained can appeal to a commission consisting of three persons established under the Act. If the commission finds in favour of the appellant, he must, within a week, either be released or charged, according to law, with an offence. This prisoner on October 12th informed the Governor of the prison that he proposed going on hunger and thirst strike to effect his release. At the moment I am informed he is on hunger strike. The answer to the last part of the Deputy's question is in the negative.
Does the Minister consider it fair, and in accordance with our conception of the liberty of the subject under the Constitution, that a man who is detained in military custody and against whom no charge has been preferred should be compelled to resort to these extreme measures in order to demonstrate his right to be released or tried by his own peers?
The Deputy knows that Ministers may not be asked for an expression of opinion.
Mr. Boland
As I have already pointed out to the Deputy, a commission has been established to which a prisoner can appeal if he thinks a mistake has been made. Authority to intern persons suspected of activities against the State was given by this House. There is no compulsion on anybody to go on hunger strike or thirst strike. If prisoners avail of the facilities provided for appeal, they can have their case heard and, as I have pointed out, if the commission recommends their release they must be either released or charged with an offence within a week.
Am I to understand that hunger strikes or thirst strikes of this nature which were right in 1922 and 1923 are wrong in 1939?
Mr. Boland
The Deputy can assume anything he likes.
Has the prisoner been informed that he has a right of appeal to the tribunal?
Mr. Boland
Yes, every prisoner is so informed.