asked the Minister for Justice if he will state (a) the number of prisoners released by him and to whom he referred in his speech at Legga on 27th November, 1949, as reported in the daily papers the following day, (b) the offence for which each such prisoner was sentenced, (c) the sentence imposed in each case, (d) the actual sentence served in each case, and (e) whether he actually did release them without reference to the Government as previously stated by him.
Ceisteanna—Questions. Oral Answers. - Release of Prisoners.
Mr. Boland
I did not state at Legga or anywhere else that these prisoners were released by me. Four of them were released on directions of the Government under Section 33 of the Offences Against the State Act, 1939, and one was released by direction of the President acting on the advice of the Government. The particulars asked for have been compiled in a tabular statement which, with the Ceann Comhairle's permission, I propose to circulate with the official report.
Following is the statement:—
|
(a) |
(b) |
(c) |
(d) |
|
Cases |
Offences |
Sentence |
Actual sentence served |
|
(1) |
Murder |
Death commuted to penal servitude for life. |
7 years, 9 months. |
|
(2) |
Attempted Murder, Shooting with intent, and Possession of firearms. |
Penal servitude for life |
3 years, 9 months. |
|
(3) |
Attempted Murder and Possession of firearms with intent. |
20 years penal servitude |
5 years, 9 months. |
|
(4) |
Wounding, with intent to Murder. |
14 years penal servitude |
4 years, 9 months. |
|
(5) |
Murder (varied to man-slaughter by the Court of Criminal Appeal). |
12 years penal servitude |
1 year, 3 months. |
Mr. Boland
I should like to ask the Minister if it is not a fact that he created the impression that numbers of these people were released when there were actually only five. I think he should give me an opportunity of contradicting his statements in regard to these cases. In one case, a man who was sentenced to 12 years for shooting a guard was released after 14 or 15 months——
A Deputy
This is scandalous.
Is this a question?
Question No. 22.
May I have an opportunity of replying to the Deputy's supplementary question?
Yes.
The Deputy knows thoroughly well that it is not in the power of any Minister to exercise this particular function, that it is a function reserved to the Government under the statute and in other cases reserved to the President. The Taoiseach made it very clear subsequent to the Deputy's speech in Naas as to how the law was operated. If the Deputy would put down a question as to whether I complied with the law or not, I will explain to him, through the Chair, that I operated the law in accordance with the Act.
Mr. Boland
Did not the Minister state at Carndonagh that he released these men on his own without consulting anyone?
If the Deputy listened to the first part of my reply, he would know that I did not do that.
Mr. Byrne
Is it fair that the names of these unfortunate people should be published again?
Mr. Boland
Nobody asked for names.
Mr. Byrne
It is double punishment. It is not fair in a country like this.
Mr. Boland
I did not ask for the names; I asked for the numbers.