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Dáil Éireann debate -
Tuesday, 29 Apr 1980

Vol. 320 No. 1

Private Notice Questions. - Irish Citizen's Detention.

asked the Minister for Foreign Affairs, if, in view of the danger of arrest and detention to Irish citizens using the Dover port, England while returning to Ireland overland from France, he will make representations to the British authorities to safeguard Irish citizens using this route, and if he will make a statement on the arrest of an Irish person (details supplied) at this port.

asked the Minister for Foreign Affairs the action he intends taking in relation to an Irish citizen (details supplied) held by the British authorities at Dover, England for allegedly deserting their army 34 years ago and of which desertion he claims to be innocent.

andMr. Keating asked the Minister for Foreign Affairs the action the Government propose to take to ensure the immediate release of a person (details supplied) and whether they are concerned about the treatment reported to have been meted out to him by the British authorities.

Send the wagon.

In view of the innuendos on the other side of the House I would ask that the letter stating this be put on the record of the House.

The letter was not read in the House and nothing goes on the record of the House except something that is read in the House.

I am entitled to this, in view of the innuendos.

I have moved on to the next question.

(Interruptions.)

I have asked a number of times that the letter be read. I note that there is a great reluctance to read it.

We are now dealing with the reply of the Minister for Foreign Affairs.

I am entitled to the protection of the Chair in this matter.

The Deputy could raise this at some other time. We are now dealing with replies.

I have raised it repeatedly.

As far as the Chair is concerned the Chair has no responsibility. Something that is not read in the House does not go on the record of the House.

I am aware of the case referred to by the Deputies——

I am entitled to the protection of the Chair.

I am aware of the case referred to by the Deputies and through our Embassy in London, I have been kept closely informed of developments. The Embassy have been in constant touch with the British authorities and with the Irish citizen concerned, who is of course legally represented in the proceedings that have been instituted. I have myself raised the matter with the British Ambassador in Dublin, telling him of the high reputation of the person involved and the esteem in which he is held. I asked that our concern be conveyed by the Ambassador to his authorities.

I am satisfied that there are unique factors involved in this case and that in normal circumstances Irish citizens using the port of Dover are in no danger of arrest and detention.

Will the Minister give an assurance that legal aid will be provided and that every facility and comfort will be made available to the person in question, an ex-constituent of mine? Will the Minister give particular attention to the statement made by the 78-year-old widowed mother of the person in question today that during this alleged time of enrolment in the British Army, her 16-year-old son had left school, obtained employment in the local town of Sligo in a factory in order to support her and his two brothers and that this information has today been verified by the Mayor of Sligo? Will the Minister use his good offices to ensure a speedy release and return to his family of the person involved?

The Minister is aware that I have been in touch with this case from the beginning, that I was in touch with the British Ambassador yesterday with a member of the Lambert family and that I was in touch with his Department who have been helpful.

Is Deputy Andrews replying?

Will the Minister explain the unique factors involved in this case? Will the Minister agree that the interim order made by the Dover magistrate was particularly vindictive based on an alleged desertion 34 years ago, of which desertion Mr. Lambert claims he is innocent?

When I said "unique" I was concerned that this matter was not going on in the way of general application to other Irish citizens. I raised this in a general way with the British Ambassador and I have been assured that that is not the case. In this case many of the facts mentioned by the Deputies are accurate. I have brought the statements made here by the Deputies to the notice of the British Ambassador. In addition, we have taken up the matter through the Irish Ambassador in London with the British authorities and Mr. Lambert's legal advisers are in communication with us. We are using all the channels open to us and I hope that the matter will be resolved in a satisfactory manner.

Apart from the specific case of Mr. Lambert with which we are all concerned, I wish to raise two aspects that I would like the Minister to deal with. Are the Minister and the Government concerned that an Irish citizen can be picked up and arrested in a supposedly friendly neighbouring country for an alleged relatively—at this stage—trivial offence that is supposed to have occurred 34 years ago? What will the Government do about this? Secondly, are the Government concerned about the treatment that is reported to have been meted out to Mr. Lambert in a supposedly friendly, civilised country and what will the Government do about it so as to ensure that there will be no repetition of such treatment in regard to any future occasion on which an Irish citizen might be arrested there?

When this man's innocence is undoubtedly proved what mechanism is available for the British Government to make amends to him and to his family? Surely in all the circumstances this is a case of mistaken identity but in the meantime Mr. Lambert is held in Dover on the interim order of the magistrate. Mr. Lambert has been there for four days and has to remain there to prove his innocence, and how he is going to do that I do not know, and he has been asked to provide two independent sureties of £10,000 each and to report to the police once daily. This is an odd view of British justice.

In that area I am satisfied that Mr. Lambert's legal advisers are pursuing the matter fully. There is no question of any discrimination against Irish citizens as such. For some reason best known to themselves the British Government are following up all cases of desertion of the British Army over a long period of years. There is strong evidence which seems to indicate that this is a case of mistaken identity but this is a matter to be worked out in the courts there. This is an extraordinary matter but Mr. Lambert's legal advisers are following it up fully. I have done what I can through our Ambassador in London and through the British Ambassador here whom I met this morning. The British Ambassador is aware of our position but the matter will have to go through the court procedures in England and hopefully there will be a successful outcome as far as Mr. Lambert is concerned.

A final supplementary.

Could the Minister deal with the two points I raised, the question of the Irish citizen being picked up for alleged offences——

I answered that.

A final supplementary from Deputy Hugh Byrne.

——and secondly the treatment——

I answered that.

What has the Minister said about the treatment alleged to have been meted out in this case?

A final supplementary from Deputy Hugh Byrne, please.

Is the Minister unconcerned?

I answered that.

Deputy O'Keeffe, please.

In view of the widespread and undoubted popularity of the person in question, will the Minister immediately take steps to dispatch to Dover an agent, expert in British law, to help in this case and to help alleviate the obvious strain involved in obtaining two separate sureties of £10,000 each at very short notice? Will he also ensure that every facility is made available to produce the evidence to the court, this evidence undoubtedly being available in Sligo? Will the Minister despatch such an agent and provide financial assistance to bring this matter to an immediate conclusion?

I understand that the person concerned is happy with his legal advisers who are people of repute and that they are in touch with the Irish embassy in London. The British ambassador will be doing what he can in the matter. I am personally satisfied that it is a matter of mistaken identity. I know Eugene Lambert well. He is a very fine man and has contributed much to Irish entertainment over the years. I am certain this matter will be resolved. It is an unfortunate and unique incident.

An example of British justice.

I cannot comment on that. I would again stress that this is not a matter in which an Irish citizen, because he is an Irish citizen, is being victimised in any way. It is a question arising from a policy decision by the British Government to follow up all these desertion cases over a long period covering 30 or 40 years. What sense it makes is best known to themselves.

(Interruptions.)

(Cavan-Monaghan): Is the Minister aware that allegations have been made that this Irish citizen was treated in an unnecessarily disgraceful manner immediately after his arrest and before he was brought before the court? Will the Minister investigate this and register the necessary protest?

I have already taken up that matter with the British Ambassador and I have asked the Irish Ambassador in London for a report on that aspect. I will certainly follow up the matter and get in touch with Deputies who are concerned.

Will the Minister seek assurances that an Irish citizen will not be so treated again?

Will the Minister report tomorrow on the progress which has been made?

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