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Dáil Éireann debate -
Thursday, 15 Feb 1962

Vol. 193 No. 2

Ceisteanna—Questions. Oral Answers. - Persons Imprisoned for Offences Against the State.

134.

asked the Minister for Justice if persons imprisoned for offences against the State in Mountjoy prison are being treated as political prisoners; and, if so, if he will state what concessions are being allowed to them.

Persons imprisoned for offences against the State are kept in segregation from other prisoners, and the prison rules in relation to visits, letters, newspapers, dietary, exercise, recreation and the like have been relaxed in their cases.

136.

asked the Minister for Justice if he will state (a) the names of all persons imprisoned for offences against the State at present serving jail sentences in the State, (b) the offence of which each prisoner was found guilty, (c) the sentence in each case, and (d) the type of court before which each prisoner was tried.

I assume that the Question is intended to refer not only to convictions under the Offences Against the State Act, 1939, but also to convictions under the Firearms Act, 1925, or the Explosive Substances Act, 1883, where the evidence suggests that these offences were connected with the activities of illegal organisations.

The reply is in the form of a tabular statement which, with the permission of the Ceann Comhairle, will be circulated with the Official Report.

Following is the statement:—

PART I-PERSONS SENTENCED IN THE DISTRICT COURTS.

Name

Offence

Sentence

Peter Pringle

1. Possession of firearms and ammunition

6 months

2. Refusal to account for movements

6,,

(consecutive)

Malachy McGurran

1. Possession of firearms and ammunition

6 months

2. Refusal to account for movements

6,,

(consecutive)

Séamus McCann

1. Possession of ammunition

6 months

2. Refusal to account for movements

6,,

(consecutive)

Alphonsus Ryan

1. Refusal to account for movements

6 months

2. Refusal to give name and address

3,,

(consecutive)

William Folan

1. Possession of firearms and ammunition

6 months

2. Refusal to account for movements

6,,

(consecutive)

James Hayde

1. Possession of firearms and ammunition

6 months

2. Refusal to account for movements

6,,

(consecutive)

Patrick O'Regan

Refusal to account for movements

6 months

James Joseph Roche

1. Possession of firearms and ammunition

6 and 6 months (consecutive). Three other sentences of 6 months each concurrent with foregoing (12 months in all).

2. Refusal to account for movements, (4 counts).

Seán Tracey

1. Possession of firearms and ammunition

6 and 6 months (consecutive). Three other sentences of 6 months each concurrent with foregoing (12 months in all).

2. Refusal to account for movements, (4 counts).

Patrick Murphy

1. Refusal to account for movements

6 months

2. Membership of unlawful organisation

3,,

3. Possession of incriminating documents

3,,

(concurrent)

Joseph Maguire

Refusal to account for movements

6 months

Lorcan Bergin

1. Possession of firearm

6 months

2. Refusal to account for movements

6,,

(concurrent)

Michael Murtagh

Refusal to account for movements, (2 counts).

6 and 6 months

(concurrent)

PART II—PERSONS SENTENCED BY THE SPECIAL CRIMINAL COURT.

Name

Offence

Sentence

Cathal Goulding

Refusal to account for movements

6 months

Seán Cronin

Refusal to account for movements

6 months

Thomas Nixon

Refusal to account for movements

6 months

Éamon Thomas

Refusal to account for movements

4 months

Hugh Hutchinson

Refusal to account for movements

4 months

Éamon McNulty

Refusal to account for movements

4 months

Tomás MacGiolla

1. Refusal to account for movements

6 months

2. Refusal to give information

6,,

(concurrent)

Séamus Ó Doráin

Refusal to account for movements

6 months

Líam Mac Aogain

Refusal to account for movements

6 months

Líam Boylan

Refusal to account for movements

4 months

Séamus McCollum

1. Refusal to account for movements

6 months

2. Refusal to give information

6 ,,

(concurrent)

Patrick Mulcahy

1. Membership of unlawful organisation

12 months

2. Possession of incriminating documents

4 ,,

3. Refusal to account for movements and failing to give information (2 counts).

4 and 4 months (all concurrent)

Matthew Murray

1. Possession of firearms and ammunition

2 years

2. Membership of unlawful organisation

2 years

3. Possession of incriminating documents

6 months

4. Refusal to account for movements

6 months

5. Refusal to give information

6 months

(concurrent)

Thomas O'Sullivan

1. Possession of firearms

2 years

2. Membership of unlawful organisation

6 months

3. Possession of incriminating documents

6,,

4. Refusal to account for movements

6,,

5. Failing to give information.

6,,

(concurrent)

Walter Dunphy

1. Possession of ammunition with intent

4 years

2. Possession of ammunition

18 months

3. Refusal to account for movements

6,,

(concurrent)

Denis O'Riordan

1. Possession of ammunition with intent

3 years

2. Possession of ammunition

1 year

3. Refusal to account for movements

4 months

(concurrent)

Patrick Ryan

1. Refusal to account for movements

6 months

2. Refusal to give information (2 counts)

6 and 6 months

(all concurrent)

Thomas F. Smith

1. Refusal to account for movements

4 months

2. Refusal to give information (2 counts)

6 and 6 months

(all concurrent)

Patrick J. Tierney

1. Refusal to account for movements

6 months

2. Refusal to give information (2 counts)

6 and 6 months

(all concurrent)

Alphonsus Larkin

1. Possession of firearms and ammunition with intent.

7 years

2. Possession of firearms and ammunition

12 months

(concurrent)

Michael McEldowney

1. Possession of firearms and ammunition with intent.

8 years

2. Possession of firearms and ammunition

12 months

(concurrent)

Richard Nagle

1. Possession of firearms and ammunition with intent.

7 years

2. Possession of firearms and ammunition

12 months

(concurrent)

John J. McGirl

1. Carrying of ammunition

2 years

2. Refusal to account for movements

6 months

(concurrent)

John P. Mulvihill

Refusal to account for movements

4 months

Nicholas Swanton

Refusal to account for movements

4 months

Michael F. Hennessy

Refusal to account for movements

6 months

James McCabe

Refusal to account for movements

4 months

Richard Walsh

Refusal to account for movements

4 months

Peadar Doyle

1. Possession of firearms and ammunition with intent.

5 years

2. Possession of firearms and ammunition

18 months

3. Possession of explosive substance

5 years

(concurrent)

Thomas O'Neill

1. Possession of firearms and ammunition with intent.

5 years

2. Refusal to account for movements

4 months

(concurrent)

NOTES:

(1) Possession (or carrying) of firearms (or ammunition), refers to possession or carrying without a firearm certificate, contrary to section 2 of the Firearms Act, 1925. Possession of firearms, etc. "with intent" refers to their possession:—

(a) with intent to endanger life or cause serious injury to property, or

(b) with intent to enable any other person by means of such firearms or ammunition to endanger life or cause serious injury to property,

contrary to section 15 of the Firearms Act, 1925.

(2) Refusal to account for movements or to give information refers to a refusal contrary to section 52 of the Offences Against the State Act, 1939.

(3) Refusal to give name and address refers to a refusal contrary to section 30 of the Offences Against the State Act, 1939.

(4) Membership of an unlawful organisation: this refers to section 21 of the Offences Against the State Act, 1939.

(5) Possession of incriminating documents: this refers to section 12 of the Offences Against the State Act, 1939.

137.

asked the Minister for Justice how many Irish citizens who have not been tried by jury are at present imprisoned under the Offences against the State Acts.

As the Deputy no doubt appreciates, a question of trial by jury cannot arise in relation to summary offences. Accordingly, I assume that the question relates to persons convicted by the Special Criminal Courts on charges which, had they been heard by the ordinary Courts, would have been dealt with, on indictment, before a jury. I also assume that the Question is intended to include indictable offences against the Firearms Act, 1925 or the Explosive Substances Act, 1883, that were dealt with by the Special Criminal Court.

On that basis, the figure asked for is eleven.

138.

asked the Minister for Justice if any persons imprisoned for offences against the State are at present held in any jail in the State other than Mountjoy Prison.

139.

asked the Minister for Justice if any persons imprisoned for offences against the State in jails other than Mountjoy are treated as political prisoners.

With the permission of the Ceann Comhairle, I propose to take Questions 138 and 139 together.

All the persons concerned are imprisoned in Mountjoy Prison. The second Question, therefore, does not arise.

140.

asked the Minister for Justice whether it is intended to remove any persons imprisoned for offences against the State from Mountjoy prison in the near future and to lodge them in the penal servitude prison at Port Laoise.

No decision to transfer any of these prisoners from Mountjoy has been made nor is such a transfer under consideration at present.

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