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Dáil Éireann debate -
Wednesday, 19 Mar 1975

Vol. 279 No. 5

Portlaoise Prison Attempted Escape: Statement by Minister.

At 8.22 p.m. on Monday, 17th March, a carefully prepared and elaborate attempt to effect a break out from Portlaoise Prison was made by a large group of prisoners there. The group were at the time in the prison recreation hall where a film was being shown. The sequence of events which ensued is as follows.

The lights went out suddenly and, at a word of command, the prisoners threw themselves to the floor. The doorway from the recreation hall to the yard was then blasted by means of an explosive charge and about 40/50 of the group rushed into the yard and towards a gate-way in the wire enclosure surrounding the yard, while the Prison Officers and the gardaí present were threatened by the remaining prisoners using chairs as weapons. The emergency lighting system in the prison had automatically taken over from the main supply, which, it was later discovered, had been cut off deliberately by the creation of a shortcircuit not far from the prison. The gate in the wire enclosure was also blasted.

At about the same time fire was being directed at the prison from outside and Army personnel returned fire. At approximately the same time a vehicle specially adapted so as to be, in effect, an armoured battering-ram for use against the prison perimeter was driven right through a closed gate leading from the main Dublin Road to the prison farm and then in the direction of the prison wall. A Garda car was immediately positioned at the farm gate to cut off the vehicle's retreat and gardaí from the area of the main gate of the prison moved towards the vehicle, which by then had come to a halt having been entangled with the protective wire fence which surrounds the prison wall. Two men are being charged in court today in connection with this particular incident.

The prison had been placed on general alert and the prisoners in the yard were by this time covered by armed soldiers, some of whom fired warning shots and thereby forced them back inside the wired compound. After staying in the compound for some short time they re-entered the recreation hall and the cell block. Later it was established that one prisoner, Thomas Smyth, had been killed from a wound received outside the recreation hall and that two other prisoners had received minor injuries while in the yard. It is not yet possible to say precisely how the injuries were received. The results of tests on pieces of metal found in the dead man's body have not been received.

At this point I want to make it quite clear that allegations or reports that official spokesmen have been asserting that the dead man was shot, or alternatively, have been asserting that he was not, are equally without foundation. From the facts as estab lished to date it does not appear that the dead man was killed by a direct hit by a bullet. The question whether he was killed by shrapnel from the explosion or from parts of a ricochetting bullet remains to be established by scientific tests of various pieces of metal. The results of the tests will be presented publicly at the inquest. The necessary tests were in progress yesterday and are being continued.

The amounts of explosives used to blast the two gates were very small. A tentative estimate is that not more than 4 ozs. were used and possibly less. A search of the prison and the prisoners which was carried out on Monday night did not uncover any explosives or any other escape material.

The foregoing is a summary of the main facts as known to me at this stage. I regret that a life was lost in the course of this incident. I am in no way qualifying that expression of regret if I immediately add that the responsibility for the death rests squarely and entirely on the shoulders of those who planned and those who helped in this attempt at escape in the full knowledge that the attempt could not but involve the most serious risk of death or injury to very many people — innocent civilians, prisoners, prison staff, gardaí and Army personnel. The responsibility of these people for the loss of life is equally clear and equally undiminished no matter whether the death was caused by one of the explosions or by a ricochetting bullet or even by a direct hit.

This was the latest in a series of attempts at escape by violence staged by prisoners belonging to this group over the last number of years. As I have said previously, Portlaoise Prison is not a "maximum security prison" or a "high security prison". Such descriptions are wholly erroneous. The simple fact is that we have in this State no such thing as a high security prison in the internationally - understood meaning of that term. Apart from the physical deficiencies from a security standpoint of Portlaoise — or any other of our prisons — the fact is that to maintain a regime in the prison that would be consonant with the notion of high security would involve the imposition of such restrictions on the movement of prisoners, on the admission of visitors and otherwise as would cause considerable hardship and difficulty in the prison and give rise to public concern. If further escape attempts are made, recourse to such measures may become inevitable but I am anxious to avoid them if at all possible. Tightening of the regime has, of course, taken place. Thus the Army and the Garda Síochána are now providing stronger support to the prison staff and recent experience made it necessary to erect a metal grille in the visiting rooms between prisoners and their visitors: the security consideration that led to the introduction of the grille could otherwise have been responded to adequately only by more severe measures.

Those working in Portlaoise prison have a difficult and dangerous task to perform but they should know that the Government and people are highly appreciative of the service they are rendering to their country and can be assured of continued support in the task of maintaining security in this institution.

In relation to the statement which has just been made by the Minister there are a few queries and comments I should like to make briefly. I would ask him if he is aware that there is considerable public disquiet at the fact that this is the third time in eight months in which explosives have been found in Portlaoise prison and it is the second time in that period in which they have been used. Is he in a position to give the House and the country any form of guarantee that explosives will not get into this prison in future, where obviously there are very dangerous prisoners?

The second matter I should like to put to the Minister is this: The Government have had two reports by the President of the High Court, Mr. Justice Finlay, one on security in Mountjoy and one on security in Portlaoise. Neither of these has been published and the Minister on previous occasions when he was invited here to publish them after previous escapes or attempted escapes declined to do so. Would the Minister not feel now that, in the light of the latest episode, which we all regret has happened, it would be appropriate to publish this report? Many people are coming to the view that either the report was not of great value in itself, or, alternatively, the recommendations in it must not have been carried out or have been carried out in full. I am not to be taken as alleging that either of these things is so, but I am saying that the public, in all the circumstances now and in the light of the most recent events, have the right to see what was recommended in those reports.

The third matter is that the statement as a whole seems to me to be unsatisfactory inasmuch as it does not give this House or the country any more information than was basically already available to them through the newspapers, and in particular it does not inform us whether the man who lost his life was shot by the Army or died in an explosion as a result of explosives which the prisoners themselves had apparently got into the prison. A post mortem examination has been carried out, and one would imagine that, even for a layman, it should be possible to state, as a result of that, whether a bullet wound caused the death or whether it was a wound caused as a result of gelignite exploding. I wonder could the Minister give the House further details on that point, as it is a matter of some importance that we should know that and that the country should know it.

Like the Minister, I am very conscious of the problems that are faced by the prison officers, the gardaí and the members of the Army operating in this prison. I am well aware of the enormous difficulties they face in trying to carry out their duties and I join with the Minister in extending to them the good wishes of, I am sure, everybody in this House for their safety and in expressing our appreciation of what they have done and what they will have to do in the future.

The Minister refers to the fact that in no sense can Portlaoise be now regarded as a high security prison. That, unfortunately, due to the events that have happened, is rather obvious. Is there any alternative arrangement that the Minister can now make in the light of what has been happening over the past 12 months in Portlaoise which would tend to prevent these things happening in future?

I understand an inquest will be held and I should like to know whether all the circumstances surrounding this incident will come out or whether it will simply be a question of the cause of death. If all the circumstances surrounding this affair were not to come out at the inquest, would the Minister not feel that it would be in the public interest that some other form of inquiry would be held which would establish the facts of what has been a serious incident? I say this in no way wanting to apportion blame in any form to anyone but I think it would be agreed on all sides of the House that it is in the public interest that the full facts of this unfortunate incident would be known. I repeat that I have no wish to apportion blame to any particular person but it is a matter of great wonder and regret, not just to Members of the House but, I think, to many people in the country that for the third time in six months explosives should be found in this prison.

Under the system of parliamentary democracy which we operate it is fair to say that the buck must stop somewhere and while I have no doubt whatever that the Minister personally has been making every effort over the past 12 months to ensure that incidents of this kind would not happen in future, nevertheless in accordance with our traditional parliamentary democracy he now has to face up to the ultimate democratic responsibility in this matter and if blame cannot be attributed to any one of his servants, the Minister himself will have to consider his own position by virtue of the system of responsibility to Parliament and the people which Ministers hold under our democratic tradition. Otherwise, our parliamentary and democratic tradition is in some danger, perhaps, of breaking down if there can be constant failures in duty for which nobody appears in any sense to accept responsibility.

Before the Minister gets in, may I ask just two questions? First, what are the orders under which the armed guards — that probably is the Army — what are the circumstances under which they are ordered to shoot at the prisoners and, in this particular instance, were they, in fact, given the order to shoot and did they shoot at the prisoners? Secondly — perhaps the answer to this would cover the first — will there be, as has been indicated in various ways, any public inquiry other than the inquest and whatever might emerge from it? Thirdly, would the answer to the various problems arising over the last eight months and particularly this week-end, be the repeal of the Act whereby political prisoners are held in Portlaoise or any other prison and if that would be the answer, do we not look rather foolish at the moment keeping these people in here who, if they were free, could walk the streets of Belfast and Derry due to a dispensation from Mr. Rees?

I will comment briefly on some of the points that have been made. Deputy O'Malley expressed a proper concern for the safety of the institutions of the State and was inclined to imply that because of my presence in my position that they were in some danger. I should like to remind the House that these institutions have been in no danger from this Government since they took office.

Deputies

Hear, hear.

Secondly, these calls for resignation are playing politics with what is a serious national issue. The calls for resignation were made when an escape occurred and we now have the ridiculous position that they are being made again when an escape was prevented. The third point is that Deputy O'Malley knows, perhaps better than anybody in this House, that the Finlay Report because of the security implications contained in it is not fit matter for publication. A further point is in regard to whether or not there are further explosives within the prison and so far as searching and care and a high standard of efficiency by the prison staff and the guards and the Army are concerned, and in so far as those efforts can be availed of, there are no more. But this is not something on which I can give a categoric guarantee. Extra steps have been taken, as I indicated in my statement, by way of the provision of a grille to prevent any physical contact between visitors and prisoners. This, I hope, will reduce and, perhaps, eliminate the risk entirely.

Again, as I indicated in my statement, if we were to have a prison that would be secure in the internationally accepted sense of a high security prison we would have to impose a regime which would lead to an outcry. I am not ruling that out but, as I indicated in the statement, it is something which I would like to avoid if at all possible. Deputy O'Malley did not consider the statement which he had an opportunity of reading in regard to the cause of death. I indicated that fragments were taken from the dead man's body which are being subjected to scientific tests to establish their nature and until those tests are concluded and a deduction made from those conclusions one cannot be specific on this point.

In regard to a point raised by Deputy Blaney and also by Deputy O'Malley there will, in effect, be a sworn public inquiry into this incident because an inquest will be held in accordance with law. It is a matter for the coroner how he conducts his inquest and what information he seeks to have brought before him but I can assure the House that any information he seeks from my Department or any other Department will be willingly made available to him. I am not prepared to discuss here the instructions which members of the security forces have in Portlaoise except to say that like every other citizen they are bound by those instructions and the legal implications of them.

Further arising, if I might——

The Deputy will appreciate that there is no motion before the House and we cannot have a debate. The rules governing statements are clear and rigid.

I am not seeking in any way to participate in this rather sad——

A brief question then to finalise the matter from the Deputy.

It is a brief question in regard to the reply which the Minister has been good enough to offer and it is on one of the questions I asked him in regard to the orders under which the security guards operate. I also implied, if I did not actually ask, a question as to whether the guards in this particular instance did fire or were ordered to fire at or on the prisoners. If the Minister feels that this is something that for the moment he is not free to answer — perhaps it may require to be kept until whatever inquiry he has talked about is held — that is fair enough. But I should like to know if he can give that information whether, in fact, there was shooting at the prisoners and if so, whether the Minister can state this now?

I am not at this stage prepared to go beyond what I said in my statement. The matters raised now by Deputy Blaney are pertinent to the inquest and it would be improper for me to make comment on them now.

Is the Minister aware——

We cannot extend this matter.

It is an important matter to this extent that under the Coroners Act, 1962 — I think — the coroner is precluded from inquiring into any matter other than the cause of death of the deceased and it would seem, therefore, that if the coroner stays within the terms of that Act, as he must, he cannot really establish anything other than whether the man was killed by a bullet or an explosion and there are many aspects of this matter that I think would need public inquiry and on which the public require reassurance, particularly, of course, how it happened that for the third occasion explosives were found within the prison.

I want to dissuade Deputies from the idea of debating this matter.

Could the Minister give some indication of what other sort of inquiry might be held or if it is proposed to hold any such inquiry?

What the Deputy is doing is trying to anticipate how the inquiry will be conducted or how wideranging it will be. It is not for me, and it would be improper for this House, to speculate on that.

Is it a fact that the scope of the inquiry will be limited to establishing only the cause of death?

In establishing the cause of death there will be certain necessary preliminary information to be required by the coroner and it will be for him to decide how far ranging that information should be.

Is the Minister in fact——

I am sorry, Deputy. I am moving on to the next business, number 23 — Social Welfare Bill, 1975, in Committee.

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