Deputy John Bruton gave me notice of his intention to raise the matter of whether the Irish Government will make representation to the United Kingdom authorities for the unconditional release of the Birmingham Six for Christmas pending and without prejudice to the review of their cases, in view of the fact that they have served 17 years in prison already. Deputy Bruton knows the procedure, he has five minutes at his disposal to present his case.
Adjournment Debate. - Birmingham Six.
Notwithstanding the very brief time available to me, I hope to be able to share some of it with Deputy Dick Roche who also sought to raise this matter today but was not successful.
Is that agreed? Agreed.
I raise the issue of the Birmingham Six this evening on compassionate grounds. These men have already served 17 years of a life sentence.
I believe that, at this stage, the British Home Secretary, Kenneth Baker, MP, has the power to order their release, without prejudice to the rehearing of their case and without any presumption that they are either guilty or innocent. I believe that the Irish Government should seek such a release before Christmas, and should also let the House know, before we rise if the men would accept such a release, without prejudice to the determination, in the course of the present review, either by the Director of Public Prosecutions or the Court of Appeal, that the original conviction was faulty.
It is important, of course, that the review take its full course. Very grave doubts have been raised about these convictions. It is highly important that, in view of the inter-connection between our two States, Irish people have confidence in the British system of justice, just as it is important that British people have confidence in the Irish system of justice. Ideally both systems should be subject to a strong and continuing system of oversight by the European Court of Human Rights.
The Birmingham Six have served a very long sentence — 17 years. The average life sentence here is only eight years. A few years ago, when I questioned the matter, I was told that the longest serving prisoner then on a life sentence in Ireland had served 14 years. The Birmingham Six have already served three years more than that.
It may be a trivial matter but I feel that the reference by a judge yesterday that he would not let the study of the papers in this case "spoil his Christmas" does not enhance confidence in his seriousness in approaching the case. The original evidence has been the subject of repeated, and serious challenges. I am not in a position to come to a conclusion on this challenge, but we must always remember, in a matter of this kind, that it is not for the accused, or the prisoner, to prove his innocence. Under the legal system of both Ireland and the United Kingdom, it is for the State to prove guilt. Unless guilt is proved, beyond reasonable doubt, no one should serve one day, let alone 17 years, in jail.
I want to thank Deputy Bruton for his extraordinary generosity in sharing his brief time with me. It has been clear, a Cheann Comhairle, for many years that the case against the Six who are about to spend their seventeenth Christmas in her Majesty's prisons, Richard McIlkenny, Paddy Joe Hill, Billy Power, Johnny Walker, Gerry Hunter and Hugh Callaghan is completely unsustainable, that is clear to all but the British legal establishment.
The decision of the British Director of Public Prosecutions yesterday to ask the Appeal Court to again review the evidence in this tragic case rather than to make up his own mind is totally incomprehensible. It is abundantly clear to all with even a passing familiarity with this case that the twin pillars, to use Lord Lane's words, on which the conviction of the Six has been based have been totally demolished. The forensic science work of Dr. Skuse has long since been discredited. Indeed Dr. Skuse himself has long since been dismissed as an incompetent. Dr. Drayton, his associate, has publicly disassociated herself from the views of her evidence as put forward in the appeal case by Lord Lane. She has indicated that Lord Lane is misinterpreting her evidence.
The long-disputed confessions beaten from five of the six men has been destroyed as evidence by the electrostatic data analysis tests and by other textual analysis. Nobody, but nobody, believes the evidence of the now discredited West Midlands Police force.
There is still time for the British Director of Public Prosecutions Alan Greene to act as an independent agency to stop shielding judges who have acted less than judicially and to serve the cause of justice. He could have done all of this yesterday without further incarcerating six innocent men.
The proposition put forward here tonight by Deputy Bruton is an interesting one and one that I have not heard explored in its full context. I would, however, make the point that as recently as last week I spoke by telephone to one of the men in one of the jails and he made the point that even still the men want to walk from jail with their innocence affirmed. I recall that when I and another Member of this House visited Gartree some time ago we met with that irrepressible spirit, Paddy Joe Hill, and he said: "I will walk from here a free man or I will leave in a box". It is up to the judicial establishment in Britain to stop trying to hide their shame with a fig leaf, to stop bringing shame and discredit on a judicial system that has long traditions, and release these men. If the proposition put forward here tonight is an attainable one it is one we on all sides of the House should pursue.
The holding of this debate reflects the deep disappointment of the Dáil and of the country that the Birmingham Six will be spending their seventeenth Christmas in prison. The Government, as their statement today makes clear, fully share this disappointment. Our dismay, however, is as nothing compared with the feelings of the six men as they and their families spend yet another Christmas apart.
The Government's deep concern about the case, and their view that it should be satisfactorily resolved at the earliest possible date, has been repeatedly conveyed to the British authorities at senior political level. Most recently, the Minister for Foreign Affairs raised the case at the meeting of the Anglo-Irish Inter-governmental Conference in Belfast. He followed this up with a letter of 6 November to the new British Home Secretary. In addition, the Minister for Justice and for Communications conveyed the Government's concern to the Home Secretary when he met him in Rome on 7 December.
Over a long period, the Government had vigorously conveyed their serious concern about the case to the British authorities and pressed them to undertake a complete review of it. They therefore welcomed the establishment of the Devon and Cornwall Police investigation into the case and its subsequent referral last August by the then Home Secretary, Mr. David Waddington, to the Court of Appeal.
The Government have also, when they considered it appropriate and helpful, raised the case in the international context, including at the United Nations last September where the Minister for Foreign Affairs underlined the Government's sense of urgency in seeing the case satisfactorily resolved.
The prison conditions of the men have also of course been of serious concern to us; in this regard, we welcomed their reclassification last year from Category A to Category B. Officials of our embassy in London have been making regular visits on a structured basis to the men and have done everything possible to ensure their welfare. The embassy has also facilitated prison visits by a number of Deputies to the Six. In this respect, I would like to pay a warm tribute here to colleagues who have been frequent visitors to the men and have been a source of hope and solidarity to them.
Yesterday's preliminary hearing of the case followed on the Home Secretary's announcement almost four months ago that he was referring the case again to the Court of Appeal. The Taoiseach welcomed this decision at the time and expressed the Government's hope that, in the interest of justice, this protracted case was at last close to a satisfactory solution. This referral was made on the basis of new material which had come to light in relation to one of the Six, but as the Home Secretary's statement made clear, the effect of his decision was that the whole case was once more before the court, where it was to be treated as an appeal by each of the six men.
To underline the great importance the Government attached to yesterday's hearing, we instructed the Ambassador in London to be present as our official observer. I was also greatly encouraged by the fact that two members of this House — Deputies Andrews and Roche — were present yesterday. This was an important showing of solidarity with the six men, not only from the Dáil, but also from the people who have elected us.
The Government in their statement issued earlier to-day, emphasised that they fully share the widespread sense of indignation, including that expressed in a most trenchant editorial in the London Times, that an opportunity was missed yesterday to bring a speedy and satisfactory conclusion to the ordeal of these six men. The statement went on to say: It is imperative, in particular in the light of the extensive new evidence which has become available, that the necessary sense of urgency now be demonstrated by all with responsibility in this tragic case.
The Government are fully conscious of and share the very strong views expressed here tonight. There can be no doubt of the feelings of this House and of the country on this issue. The Government will, with the strongest possible sense of urgency, continue to convey to the British authorities the view of the Oireachtas and of the people of Ireland of the need for the earliest possible satisfactory resolution of this case.
What about the proposal I made?
I will take it up.
You did not react to it.
I had no notice beforehand.