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Dáil Éireann debate -
Thursday, 23 Oct 1986

Vol. 369 No. 2

Ceisteanna — Questions. Oral Answers. - Irish People in British Prisons.

10.

asked the Minister for Foreign Affairs the progress that has been made in the case of the prisoners known as the Guilford Four; if he will outline the Government's position with regard to this case; the further action he intends to take on their behalf; and if he will make a statement on the matter.

30.

asked the Minister for Foreign Affairs whether he is seeking from the British Government an immediate review of the cases of the Birmingham Six and the Guildford Four.

41.

asked the Minister for Foreign Affairs the representations he has made to the British Government regarding the cases of Irish people serving sentences in British prisons, where serious doubts have been raised about the justice of the convictions, especially the groups known as the Birmingham Six, the Guildford Four, and the Muguire Family; the response he has received from the British authorities to any such representations; the further steps he intends to take in relation to their cases; and if he will make a statement on the matter.

I propose to take Oral Question No.10, Priority Question No. 30 and Written Question No. 41 together.

As I informed the Dáil on 24 June 1986, I have personally raised the case of the Birmingham Six with the British Home Secretary, Mr. Hurd, earlier this year. The present position is that the case is being reviewed within the Home Office, a process which is still under way. The publication of new evidence in Chris Mullins's book "Error of Judgement" has delayed the completion of this review. I hope that a decision may be made before too long to refer the case to the Court of Appeal. I have also raised with the Home Secretary the case of the Guildford Four. This case was the subject of a television documentary last July, following which the Home Office announced its intention to look at the issue again

On the case of the Maguire Family and others, I have written to the Home Secretary asking him to keep the question of referral of this case to the Court of Appeal under active consideration. I understand that the Home Secretary has agreed to examine the case further. An all-party delegation travelled to London on 16 October to meet Mr. Hurd and I understand were informed during discussions that the Home Office now intends to examine the issue once more.

With regard to all these cases, I view with deep concern the doubts which have been widely publicised recently regarding the evidence on which the convictions were based. The latest book by Robert Kee Trial and Error has added to these doubts. We shall continue to stress in contacts with the British Government authorities the urgent need to ensure that justice be seen to be done in the light of the latest revelations and expressions of concern from many different quarters.

Does the Minister not accept that in the case of the Birmingham Six it is now nearly a year since this question was raised in this House and that there has been no apparent progress in this case, that there has been no apparent change in attitude on the part of the Minister or the Government with a view to strengthening their approaches to the British Government and taking a stronger line with that Government? How long more does the Minister intend to wait for the British Home Office to act? How long more will these innocent fellow countrymen have to remain in British prisons before this Government have the backbone to demand their release.

You are making a statement.

Are the Government even contemplating any stronger action on behalf of these prisoners? Is it not time that the Taoiseach himself personally intervened on their behalf to demand their release? Does the Minister not agree that no other Government anywhere in the world would tolerate such treatment of its countrymen for 12 years. It has been left to the British media to highlight their innocence. The Government here continue to pay lip service——

Having asked ten questions, the Deputy is making a speech.

——to the cases of these men? Finally, does the Minister intend taking any further action on their behalf? Do the Government intend to take any more direct action on their behalf?

I do not intend to reply to any of that ridiculous contradiction of what the Deputy well knows to have been the case of what has been happening in the last 12 months.

That about sums up the Government's attitude.

It is a ridiculous and disgraceful piece of politicking on the backs of these unfortunate people. That is what the Deputy is doing. On their backs he is trying to make politics. It is disgraceful.

It is the Government's failure to act on the part of these prisoners——

Deputy Gregory will resume his seat.

The Minister professes to be concerned about them but in fact——

The Deputy will resume his seat.

The Deputy professes to be a friend of these people and to be trying to advance their cause. All he is doing is trying to make political capital out of their misery. It is disgraceful.

Deputy Gregory, please resume your seat.

I am doing what the Government failed to do, to highlight their case.

Deputy Gregory, I do not know whether you want to be removed from the House. I do not want to remove you.

We now see how sincere is Deputy Gregory. There is absolutely no sincerity in that performance.

Does the Minister agree that there is prima faice evidence of a serious miscarriage of justice in relation to the Maguires, the Birmingham Six and the Guildford Four cases? Will he take every step possible to finalise a decision by the Home Office on a review of the cases with a view to obtaining the rehabilitation of the persons concerned? Does the Minister agree that he should not even attempt to bring extradition legislation into this House while that serious miscarriage of justice remains uncorrected?

If the Deputy was listening to my reply he would have heard that I hoped to see a result of the reexamination in the cases in question before now. The publication of two books since then had delayed that process. I hope that the information contained in the new books which have been published will be fully taken into account in order to get the right result rather than have a rushed and wrong decision.

Will the Minister agree that no urgency is being shown by the British authorities in dealing with these matters?

That is not correct. The Home Secretary is undertaking to reexamine the cases. In the past 12 months there have been two new books published by Chris Mullen and Robert Kee and there is evidence in them which has to be taken into account. As the Deputy knows, a considerable body of opinion in the Parliament in Britain is concerned about these cases and will raise them in the House of Lords and the House of Commons in the next month. That is a very effective form of protest. Side-by-side with that we will be expressing our concern to the Home Secretary and to the British Home Office.

What is the Minister's view on my question with regard to extradition legislation?

That is a separate question. I would not pre-empt any options on that.

In that case there will not be a very friendly welcome for the Minister——

First of all, I would like to dissociate myself entirely from Deputy Gregory's rhetoric which has done little to progress the case that is under review. I would like to place on record my appreciation of the Minister's co-operation with all Members of this House who visited London in July last and visited Mr. Hurd, the British Home Secretary, and his assistant deputy, Mr. David Mellor. As one who visited the prisoners in jail, I think it would be far better if this House dealt with the matter with greater sensitivity. Arising out of what has been done to date, will the Minister say what more can be done to help these people? The Minister is aware that there have been serious miscarriages of justice in each of these instances and that the British response is that we must have new evidence. The facts are there. There was a flaw in the forensic evidence. The Birmingham Six people were undoubtedly beaten in order to get confessions from them and the same might be said about the Guildford Four and certainly the Annie Maguire case. Arising out of the recent book by Robert Kee, Trial and Error, there is now a suggestion that the evidence to convict them was planted by the British police. Will the Minister say what more can be done to bring their case to a conclusion in the context of their wish to have the case referred to the court of appeal.

The attitude adopted and the steps taken by Deputy Andrews and the all-party delegation have been extremely helpful in this regard. I want to place on record my appreciation of the sensitive way they handled it. That is very important and will be far more effective than the rhetoric of Deputy Gregory today if we genuinely want to get a resolution to these cases. I will be keeping in very close touch with this case and I will take every opportunity to speak to people in Britain about it. At present it is best left at that. I am open to any other suggestions people think will be constructive in bringing about a correct solution to the problem. At present the best thing to do is to reiterate our concerns about the three cases. I desire to have a quick and positive solution to the appeal.

The Minister is aware that there is a motion before the British House of Commons in the names of 210 Members of that House. Is there any way whereby this motion could be brought forward for discussion?

An all-party motion in this House?

An all-party motion in this House to coincide with that motion? I would like to take the opportunity of thanking not only the Minister for his attitude but also his officials in London. The Ambassador, Mr. Noel Dorr, has been extremely helpful and also Orla Ó Annracháin and Breiffne O'Reilly. They have worked hard on behalf of these people.

I will be glad to pass on to the officials concerned the Deputy's thanks. As regards the motion, I will give that some thought and I will contact Deputy Collins in the future. The motion in the House of Commons referred to by Deputy Andrews speaks volumes. One-third of the Members of the British Parliament signed that motion. That is very significant.

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