Dáil Éireann debate -
Wednesday, 8 May 1946

Vol. 100 No. 18

Committee on Finance. - Adjournment—Prisoner on Hunger Strike.

Mr. Flanagan

At Question Time to-day, I asked this Question:—

"To ask the Minister for Justice whether he has received a petition, addressed to the Taoiseach, and signed by several members of Dáil Eireann and Seanad Eireann on the subject of the hunger strike of Mr. Seán McCaughey in Portlaoighise Prison: and whether he will make a statement on the hunger strike, and also on the steps taken by him on receipt of the petition."

It was with a deep sense of regret that, because of the unfavourable and unsatisfactory reply given to that question, I was compelled to ask your permission, Sir, to raise this matter on the Adjournment. The reply which the Minister gave was a lengthy one, in which he said that the Governor of Portlaoighise Prison had received from Mr. McCaughey a notice which set out:—

"To all whom it may concern: This is to notify you that unless I am released before Friday 17th instant I will be compelled to go on hunger strike until I am."

I would be the last Deputy to advocate that any group of citizens should rise in arms against the powers that be, the Government. I have never advocated and never propose to advocate that policemen should be either fired at or shot. The only thing I advocate is that citizens, no matter what the charge against them, be given the benefit of a fair trial under the law as established. Seán McCaughey was not sentenced for murder. He was sentenced for a common assault, and I saw in the newspapers the case of a citizen who was brought through the courts and fined 1/- within the last week for an offence similar to that for which McCaughey was sentenced to death. What laws in the world provide that a man shall be sentenced to death for a common assault? What laws are there in the world which provide for the sentencing to death of a citizen for an offence for which any other person would have received a month's or perhaps six months' imprisonment? If I know legal procedure, for common assault, a citizen in this country may be sentenced to a month, to six months' or, at the very most, to nine months' imprisonment.

In McCaughey's case, I do not know why such a harsh sentence was imposed. He cannot be classified as a criminal as he was charged only with common assault, but, instead of receiving a sentence of six months' imprisonment, he was given a sentence of death.

An Ceann Comhairle

The Deputy has nothing whatever in his question about the jurisdiction of the court or the sentence which the man got.

Mr. Flanagan

In the petition which was sent to the Taoiseach, signed by a number of Deputies, the Taoiseach and the Minister for Justice were asked to give consideration to the question of this man's release. In the course of the replies to-day, reference was made to a statement by the Taoiseach that his hands were tied. I submit to the Minister and to the Taoiseach that their hands are not tied, and that, if they are, they are in a position to loosen them. I say that Mr. McCaughey who is lying dangerously ill in Portlaoighise prison to-night should be released, and my reason for saying that he should be released is that it will be a headline for the Ulster Government who have another Irish citizen lying in a similar state in a Belfast gaol. For the first time, we can say that it has been proven beyond yea or nay that there is no difference between the Ulster Government and the Government which functions here. They are both alike so far as sentencing any citizen who stands for the abolition of Partition is concerned.

The Minister, when replying, will no doubt give the usual type of reply given on these matters—that they must protect the citizens and they must have law and order. I agree, and I am fully behind the Government in the maintenance of law and order, but the Military Tribunal was established by the Cosgrave Government, and during all the time that tribunal was responsible for the imprisonment of citizens, we had no executions until the Fianna Fáil Government took over. The court which sentenced Mr. McCaughey to life imprisonment is a criminal court, and I should be glad if the Minister would explain how many cases were dismissed by that court.

An Ceann Comhairle

The Deputy is going far outside the matter in the question in dealing with the jurisdiction of a court which has been lawfully constituted.

Mr. Flanagan

The Government have given a definite refusal in the matter of McCaughey's release, and my reason for standing up here to-night is to make an appeal to the Minister to use his good offices with his fellow members of the Government in getting this man released, since he cannot be classified as in any sense a criminal. I fail to see why the Government treated this matter in the manner in which they have treated it, and I believe that if the Government of the Twenty-Six Counties give the matter sympathetic consideration and do not allow this man to die, the Government of Northern Ireland will follow suit.

The Minister may reply that this man was sentenced by a court and that the Government are not responsible for his going on hunger strike. Hunger strike is the only means left to this citizen by which he can let the country know the injustice from which he is suffering. If this prisoner has been four years without seeing daylight for a common assault, and if he is to spend the remainder of his days in the same condition, would he not be as well dead as having to exist in a Southern Ireland Belsen Camp? That is the only way in which I can refer to the prison in which this man now lies dangerously ill, a prison which, I am sorry to say, is in my own constituency and only four miles from my own town. Deputy Finucane made a request to see the prisoner, which was refused, although the black Government of the North permitted public representatives to go into the prison. For certain reasons, the Irish Government have not allowed public representatives either to advise or to use their influence in this matter. Since there are many others in the same position as this prisoner, I should like to ask the Minister when he proposes to release this man, or if it is his intention and the intention of the Government to keep these prisoners——

An Ceann Comhairle

Only one prisoner is mentioned in the question.

Mr. Flanagan

If Mr. McCaughey wants to be released, the Government say the matter is in his own hands. I should be very glad if the Minister would tell the House what Mr. McCaughey must do in order to be released. Must he sign papers? What steps must be taken by him? Why is he denied political treatment? I hold, as an elected representative to Dáil Eireann, that this man is entitled to release. I would be very pleased if the Minister would indicate to the House in plain language what this prisoner must do in order to get out. I am sorry that I had to raise this matter. I should be very glad if we could show to the world that we have a Government in this country that is not standing for the dictatorial tactics that we had experience of on the Continent some years ago and the prison conditions which we read about on the Continent. I am sorry to say that we have similar conditions in this country. In order to prevent the death of this young man, I make a strong appeal to the Minister for his most sympathetic consideration of this case. I cannot classify him in any sense of the word as a convict. I say he is a good Irishman to go on hunger strike. Not only is he carrying on the tradition of his fellow-Republicans, but he is the cream of the republicans in this country to-day.

The Minister himself on numerous occasions in this House in the past asked for an investigation into prison conditions here. Now, when he is Minister for Justice, he turns a deaf ear to those on this side of the House or on his own side of the House who ask for an investigation into the conditions which have forced this citizen to take the action he has taken. I ask the Minister on humanitarian grounds to do everything possible to see that this man does not die. We have enough deaths already on the roll of honour of the Fianna Fáil Government, and we do not want any more of them. If he does die, I would not like to be associated with the Party who stand for his death under such conditions.

Mr. Spring

I asked the Minister in a Supplementary Question to-day if he was aware of the fact that Seán McCaughey's sister went to visit her brother last week in the prison, that her brother used a rag, a dirty rag at that, to wipe his mouth and that when she handed him her handkerchief it was dragged from him by a warder. Surely such a thing as that should not happen in an Irish jail. It was enough for his sister to see him dying after 18 days on hunger strike without any warder, whether he be an Irishman or an Englishman, dragging from him the handkerchief that she gave him. I believe myself that the statement as to the conditions in this Belsen camp, as Deputy Flanagan has stated, must be true when you have prisoners willing to sacrifice their lives in order to better the conditions of their fellow-prisoners. We believe that the statements made with regard to the conditions are true, that the prisoners there are wearing only bedclothes. They were advised not to wear prison garments, because we know that every prisoner who went out to fight for the freedom of his country would not wear prison garments whether in an Irish jail or an English jail. Even the Taoiseach always agitated for political treatment for such Irish prisoners, whether in Irish or in English jails.

I believe that political treatment should be given to these prisoners. It is most unfair to ask Seán McCaughey and his comrades to wear prison garments, to deny them political treatment, and to compel them to exist under such conditions for the last four years. The Minister, if he owned a dog, would not keep him tied up for four years in a box. He certainly would take him out for a walk once or twice a day. Are the Minister and the Government going to be inhuman and allow men to die because they are fighting for political treatment? We all know that this man is nearing his end, and I appeal to the Government to accord him political treatment or to give him the freedom that he deserves, because we all know that he is imprisoned for an assault which might take place at any street corner any day of the week. I believe that what is behind this is that the Government want to put Seán McCaughey to death because he knows too much, because he may be able to give information that would implicate members of this House. I believe that the Government think he is a man who knows something that would terrify the members of the Government.

An Ceann Comhairle

The Deputy should deal with the matter before the House.

Mr. Spring

I ask the Minister to be human and just and to give consideration to the suggestion I made to-day. I believe that Seán McCaughey is dying in this prison dressed in dirty garments which are unfit for any prisoner and that he should be allowed to wear his own clothes. He must be a good Irishman when he is willing to lay down his life for his country. If the Government release Seán McCaughey now, I believe that the Belfast Government will spare the life of David Fleming.

Deputy Finucane rose.

An Ceann Comhairle

The Minister should get ten minutes to reply.

Mr. Finucane

As a Deputy who asked a question to-day about this matter, I think I am entitled to speak.

An Ceann Comhairle

Then I presume that Deputies do not want to hear the Minister.

Mr. Finucane

Just a few sentences. As the Minister has come to a decision in this matter, I should like to know if it is the common policy of the Governments in the North and in the South in this country——

An Ceann Comhairle

The Government are not responsible for what happens in Belfast.

Mr. Finucane

Is it the common policy of the Governments in the North and in the South to crush the spirit of republicanism in this country?

An Ceann Comhairle

That was not asked in the question to-day.

Mr. Finucane

I am asking the Minister if that is the policy——

An Ceann Comhairle

The Deputy must confine himself to to-day's question.

Mr. Finucane

I say to the Minister that that has been tried in the past and that the spirit of republicanism can never be crushed in this country. I predict that the day will come when those in the Twenty-Six Counties and Basil Brooke in the North will be tried for their criminal conduct.

Mr. Boland

I have nothing to add to the reply I gave to-day. I might say that this question of people on hunger strike was settled about six years ago when, unfortunately, two men died on hunger strike. The Government's attitude was restated very definitely here in a debate shortly after the election in 1943. I referred to the matter and the Taoiseach also referred to it and definitely stated that nobody will be released because of a hunger strike. That is definite and final. I want to thank Deputy Flanagan for raising this matter as it gives me an opportunity to deal with the vilification he poured on the prison staff in the statement he made to-day, that this unfortunate man was being left to die on a dirty sack. The prison staff were horrified when they read the evening papers and found that such a statement had been made in this House. I want to pay a tribute to the manner in which the prison staff has tried to help and ease the lot of this man, from the governor down to the humblest member of the staff. They have stayed up all night with him and done everything possible to alleviate his sufferings. It is a shame that a Deputy should make an unwarranted charge of that kind.

The position is that this man has a spring hospital bed and mattress, three pillows, two air-cushions, eight woollen blankets and a hospital bedrest. He is also supplied with two hotwater bottles and there is an electric heater in the cell. His own relations have visited him several times and were there this evening. If any of these say that the conditions are not as I state, all I can say is that they are not telling the truth. The chaplain and the governor are there, as well as the staff, and there is also a visiting justice. I have also made inquiries about the handkerchief incident.

Mr. Spring

Was he wearing his shirt?

An Ceann Comhairle

The Deputy was not interrupted and must not interrupt the Minister.

Mr. Spring

Was he wearing his shirt?

An Ceann Comhairle

The Deputy was not interrupted.

Mr. Boland

I have dealt with the situation there. This man, or anybody else, who has been sentenced by a court properly constituted——

Mr. Flanagan

By Army officers.

Mr. Boland

Whatever they were, they were accepted by this House. I was not going to refer to this incident of the handkerchief as I thought it was too trivial. I did not think the Deputy would come back to it. I think we should clear up that matter. I made inquiries about that. The visitor was his sister. She did not attempt to wipe the prisoner's mouth. She wanted to leave him a handkerchief and she was told by the warder that handkerchiefs were supplied by the prison. The prisoner took out his handkerchief and showed it to her and she took her handkerchief away. I do not think that Deputies who are raising this matter are doing one bit of good to this prisoner. I have had some experience of hunger strikes and the mentality of men on hunger strike. I know that the slightest ray of hope will encourage a man to remain on hunger strike until it becomes too late. I said that before to people who interested themselves in the case of others on hunger strike. Unfortunately, my advice was not taken and the dire result was that two men died. I want everyone to be certain of this, that our last word has been said on this matter. Anyone who wants to be released will not be released as a result of a hunger strike. I have no more to say.

Mr. Spring

Will the Minister set up a committee to investigate the conditions in the prison?

Mr. Flanagan

I will be speaking in Belfast and I will give him the works.

The Dáil adjourned at 10.25 p.m. until 3 p.m. on Thursday, 9th May, 1946.