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Dáil Éireann debate -
Thursday, 7 May 1992

Vol. 419 No. 3

Ceisteanna — Questions. Oral Answers. - Limerick Prison Inquiry.

Patrick McCartan

Question:

7 Mr. McCartan asked the Minister for Justice if he will outline the findings of the departmental inquiry into allegations of a serious assault on a prisoner in Limerick Jail; the action which has been taken as a result of the inquiry; when the planned new disciplinary code for prison officers will be introduced, and if he will make a statement on the matter.

Joseph Doyle

Question:

13 Mr. Doyle asked the Minister for Justice if he will outline the result of the inquiry into allegations that prisoners in Limerick Prison were assaulted by prison officers, and if he will make a statement on the matter.

I propose to take Questions Nos. 7 and 13 together.

At present I am considering the report of the inquiry into the incident in Limerick Prison on 9 April 1992 and I will be making a decision shortly on what further action, if any, should be taken. In addition to this internal inquiry, which I initiated, a Garda investigation is also being conducted into the events in question.

The new disciplinary code for prison officers, which was agreed with the Prison Officers' Association, will become a statutory instrument within the next few months.

Who initiated the Garda investigation? Was it at the complaint of one side or were there complaints from both sides? While my Question No. 7 refers to one prisoner, I understand that two prisoners were seriously injured in this incident. Does the investigation relate not only to assaults on prison officers but also to assaults on prisoners?

I initiated the inquiry into the prison. Rather than give the Deputy a misleading answer and take a chance on it, I had better communicate to the Deputy precisely who initiated it.

On considering the report from the internal inquiry, if it warrants it would the Minister agree to send his file to the Director of Public Prosecutions? Extraordinary injuries seem to have been suffered by two prisoners and a prison oficer at the hands of prison officers. Would the Minister confirm that the allegations involve injury to a prison officer at the hands of other prison officers? Would the Minister confirm that one of the two prisoners is in a padded cell in Mountjoy Prison, having subsequently attempted suicide, and will the Minister undertake to ensure that that prisoner will not be returned to Limerick because of the clear antagonisms that exist between him and the prison officers?

I am restricted in this matter. The inspector has finalised his business and has returned to the Department but the report is not yet ready. It is in its final stages of preparation and I expect to have it tomorrow. When I have the report I will take a decision as to what appropriate action should be taken. The reason I could not answer specifically with regard to the previous question is because the Garda are carrying out an investigation into an allegation of criminal assault on a prisoner. I cannot go beyond this until I see what the report says. Some prisoners have been transferred.

Will the Minister publish the report when it is completed or will he make a formal statement on the action he will take following receipt of the report, having regard to the fact that under the rules of this House this matter, if raised again within the next few months, will be ruled out of order? Will the Minister agree that it is in the public interest that the report should be published in the light of the unfortunate events that took place, the publicity those events have received and the injuries that have occurred?

I shall not publish the report, but it might be necessary for me to make a statement. The normal procedure in cases such as this is that if the facts are established then the normal disciplinary procedures come into operation. If following those procedures a case warrants dismissal, the matter, as the Deputies know, has to go to Government. There is quite a procedure laid down and it is well understood by all sides in this matter. Until I see the report I cannot do anything. It is quite a thorough investigation which is taking place.

Is the Minister aware whether or not the incidents that took place were the direct result of tensions in the prison due to overcrowding or did they arise from other factors? Is the Minister in possession of sufficient information to indicate this?

I am not in possession of the information, but I regard that as a key question which will be the subject of another question to me at a later date when I will be happy to answer it.

I did not quite hear what the Minister said in reply to my question about the transfer of a prisoner back to Limerick. Will the Minister indicate what he had answered?

Without going into details, I understand that the transfer of a prisoner or prisoners was involved in this.

Will the Minister give an assurance that the prisoner who is currently in Mountjoy and the other prisoner in Portlaoise will not be returned to Limerick until this matter has been fully resolved?

Wherever the prisoners are, I will be conscious of the need to provide the necessary security for their safety at all times.

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