I am very grateful for the opportunity to raise this matter which has been the cause of great concern to a good number of my constituents in Doon, County Limerick. Last night there was a huge meeting there attended by about 400 people led by the clergy and community leaders. A motion was passed unanimously, which I undertook to convey to the House, calling on the Minister for Justice to transfer forthwith, without prejudice, on humanitarian grounds Michael Fitzgerald, Reenavanna, Doon, from Loughan House to Limerick Prison because of the danger to his health arising from his present hunger and thirst strike.
I am delighted to hear, as I am sure the people in Doon are, that Mr. Fitzgerald has agreed to come off his thirst strike after 20 days and apparently will now take some milk. Last night's meeting was very calm and balanced and it was recognised that Mr. Fitzgerald's record in this matter was not without blame in that he allegedly refused to have his herd tested by a departmental veterinary surgeon. Neither I nor anybody else in the community would endorse non-compliance with the law. While we are naturally relieved that Mr. Fitzgerald has agreed to come off his thirst strike — I wish to express my appreciation and that of the community to the Minister for Justice for agreeing to transfer him to Limerick near his friends and neighbours where he may be more amenable to approaches from them — nonetheless it is a matter of grave concern that, because he feels so strongly he has been wronged, he is prepared to continue his hunger strike and indeed to lay down his life because of the level of his conviction. I do not want to use emotive language but he maintains that he came off the hunger strike on two previous occasions under some understandings — I do not know what they were — which were not honoured. The very strong unanimous feeling at the meeting last night was that if some solution is not found to the present basic problem, he will continue the hunger strike causing danger to his life.
I will read the statement issued to the meeting last night outlining some of Mr. Fitzgerald's problems as he sees them. Apparently, his herd was tested under the TB scheme in September 1982 by Mr. O'Neill of Cappamore and declared clear. Cards are available as proof of this. Mr. Fitzgerald claims that all his problems arise from that. He made verbal application for a herd test and change of veterinary surgeon in September 1983 from Mr. O'Neill to a Mr. O'Driscoll, Doon. Mr. Fitzgerald contacted Mr. O'Driscoll on numerous occasions between September 1983 and July 1984 about testing his cattle. Mr. O'Driscoll informed him that he had not received authorisation from the Department. Mr. Fitzgerald believes that departmental officers were wrongly applying the restricted herd rules to him and were insisting on a Department test before a change of veterinary surgeon.
Mr. Fitzgerald stated that he had no dispute with Mr. O'Neill but, as Mr. O'Driscoll was doing his private work, it was more practical for him to do the work under the TB scheme also. Mr. Fitzgerald was prosecuted and sentenced to 12 months in jail or a £1,000 fine for refusing to have his herd tested. He was arrested and taken to Cork jail on 18 July 1984. He then went on hunger strike and was released after 14 days. On Saturday and Sunday, 21 and 22 July 1984 — this is the nub of the problem as he and the community see it — while he was in prison his herd was rounded up and 96 cattle were removed by a number of veterinary officers and gardaí. No factory or office was open on Saturday and Sunday so it is hard to understand why they were removed on those dates. The departmental officials state that they removed 89 cattle; the factory state that they received 86 cattle — a shortfall of ten from the 96 on his lands. There was no representative of Mr. Fitzgerald present to ensure that proper procedures were adhered to.
The total herd was slaughtered even though only a small percentage was infected and, if he had been allowed to test them when he requested it six months earlier, he might not have had any reactors. A sum of £8,331 was lodged to his account in the Allied Irish Bank, Doon, County Limerick, as compensation for his cattle. To date he has not received an offer of further compensation and he has not been requested to sign any documents. Newspaper reports suggest that a sum of £27,000 to £34,000 is available to him. He and the community want to know why this sum was not offered to him or why he does not qualify to receive it if that is the case.
The Department closed down his farm and removed his stock. They have not, to date, notified him that he can restock, depriving him of his livelihood since July 1984. On his release from Cork prison he continued to protest that he had been unfairly treated for the following reasons: (1) refusing to allow him to change his veterinary surgeon and to test his cattle to enable him to sell; (2) statements in court that he was refusing to test his cattle when the same officers knew that he had applied for a test and a change of veterinary surgeon; (3) he alleges wrongful imprisonment; (4) closing down and slaughter of his herd and alleged irregularities between the number of cattle he had and the number admitted to the factory; (5) inadequate compensation for his herd — £8,331 for 96 cattle; and (6) he was deprived of his right to farm his land.
Mr. Fitzgerald picketed the Department of Agriculture offices and the homes of local officers. An injunction was granted restraining him from picketing but he continued to do so. He was arrested and placed in Limerick jail for contempt of court. He went on hunger strike on admission and he is now in his 20th day. He has ignored the pleadings of his family and many friends to come off the hunger strike. He states that the Department of Agriculture or the Garda have done nothing to solve his grievances since his release from jail in 1984. I understand there is an agreement between the veterinary unions and the Department that no change of veterinary surgeon will be allowed if the farmer was assigned the veterinary surgeon without the Department doing the test in between. Apparently, Mr. Fitzgerald contends that this was not explained to him and that he was not aware of such a condition.
I further understand that the Minister has discretion in the withholding of grants amounting in his case to £27,000 to £34,000. Everybody is at a loss to understand the secrecy surrounding the payment of these grants to him. This was the major worry, after the hunger strike, which exercised the minds of the community last night — whether he would be given a proper level of compensation for his cattle. Part of the lands and stock belonged to his brother who resides in England and he was also at a considerable loss. It is obvious from what we were told last night that he does intend to continue with his hunger strike. While nobody doubts ab initio he was wrong not to have his herd tested and I would be the first to criticise anybody who would endanger public health by not having their herd tested, nonetheless a stop clock is right twice in 24 hours. I will not say that there is fault on both sides but there is confusion. The reason why I have raised this matter is in the hope we will get some clarification as to how Mr. Fitzgerald might proceed in a proper, normal legal way to recover any losses he may have incurred in the matter.
The questions I was asked to put on behalf of the community last night and vicariously on his behalf, were (i) the number of cattle loaded at Michael Fitzgerald's premises on the dates I have mentioned; (ii) was an official or inspector from the Department present to supervise the loading? It is the understanding of the community that it is a requirement of the Department that an inspector be present at that particular time: and (iii) the number of cattle received at the factory and, equally, if there was a departmental inspector present at that time also. Hunger strikes are not new to Doon in County Limerick. They go back over the last 150 years. That consciousness is very strong in Doon. I will not go down that road. I put it to the House that any person who is prepared to undergo a 20 days hunger and thirst strike in the belief he is right must have his case looked at.
My own profession are in the business of solving problems. I put forward a possible solution to the problem at the meeting last night which was that some type of inquiry be held, not necessarily a public inquiry as I am afraid to mention such an inquiry after the Kerry Babies Tribunal which cost the State so much and out of which so little was gained. Positing the idea of a public inquiry may allow Mr. Fitzgerald to come off his hunger and thirst strike. Again, I express my appreciation that he has been transferred back to Limerick. That is a definite improvement over the last 24 hours. I am grateful to the Minister for that. As I pointed out to the meeting last night, if both the Department and Mr. Fitzgerald maintain that they are correct, neither should have anything to fear by an impartial public inquiry. The truth cannot contradict itself. Somebody must be wrong and I do not care who. As a result of such an inquiry — this inquiry could be carried out by somebody such as Mr. Con Murphy, the well known media and rights commissioner, who has knowledge and experience of farming-related matters and a background in the area—we might get to the position where we could establish what happened the ten cattle for whom this man is prepared to lay down his life. He feels very strongly that he has been wronged. Somebody took the cattle belonging to him. While we would all accept that he did not behave properly in accordance with legal procedures from the outset, nonetheless he does have a major sense of grievance. In the interests of common sense and humanity some modus operandi should be arrived at. I would ask for guidance as to how best this could be done.
