Skip to main content
Normal View

Dáil Éireann debate -
Wednesday, 7 Jul 1993

Vol. 433 No. 6

Adjournment Debate. - Detention of Irish Citizen in UK.

In the short time available to me I wish to raise an issue relating to a citizen of this country, Mr. Matthews, and his treatment in the United Kingdom recently. I understand he was arrested in relation to the recent bombing in London on the basis of what proved to be flimsy so-called identification evidence and detained for a period of ten weeks. The identification evidence proved not to be evidence at all, and when his case came before the relevant court for further processing it transpired that the Crown proposed to offer no evidence. Accordingly, he was ordered to be discharged at a preliminary stage. That is welcome and nobody can quibble with the fact that he was discharged. However, one must query why it took ten weeks for a decision to be made by somebody in authority that there was no evidence against Mr. Matthews.

During that ten week period a number of Deputies here, including myself, and public representatives on both sides of the Irish Sea, including the leader of the SDLP, John Hume, who is acquainted with Mr. Matthew's family, queried the basis on which he was detained and called for some form of public accountability in relation to the absence of evidence warranting such detention. We now have the extraordinary situation where, as soon as he was released, he was rearrested under the Prevention of Terrorism Act and detained in Paddington Green police station in London in order that an exclusion order should be made against him.

The United Kingdom's rules on exclusion orders are most extraordinary. There is no other major country within the European Community or within the Council of Europe which arrogates to itself the right to describe itself as a united jurisdiction and at the same time, on an administrative basis and without any adequate judicial review, excludes citizens from travelling freely within its confines, particularly citizens of one portion of the United Kingdom who can be excluded from travelling through the remainder of that country. Those provisions are repugnant to reason. They amount to a form of internal internment, an internal exile of sorts. If it were not for the fact that the rest of the island existed, it would mean that people in Northern Ireland could effectively be confined to that corner of that country by a process which is neither accountable nor justiciable and is in no way reviewable by any transparent process.

It is incumbent on the Minister for Justice and on the Minister for Foreign Affairs repeatedly to raise with the British authorities in the Anglo-Irish process the use of exclusion orders in circumstances where people are released on the basis that there is inadequate evidence against them. The presumption of innocence is entirely subverted by a process which puts somebody on hazard as to their liberty and then, when that process proves to be fruitless from the point of view of the prosecutor it is transformed into a process of internal exile without any justiciable or reviewable content. I ask the authorities here to raise this device again and again with the UK authorities through the Anglo-Irish process and to question the way in which it is deployed to save embarrassment on the part of those who have deprived people of their liberty on the pretext of claiming to have evidence which would warrant their charging and detention in the first place but which pretext proves to be insubstantial on close examination. It is invidious and wrong that ordinary people, whatever country they come from, but particularly when they are people over whom we claim some form of protective function, should be excluded from earning their living, excluded from travelling within a country which claims their loyalty and their fealty under English jurisdiction. It is wrong and it should be challenged by our Government. I ask the Minister to explain what he proposes to do to underline our displeasure at these steps taken by the British authorities.

I thank the Deputy for raising this matter.

The House will understand if I begin by welcoming the fact that the charges against Mr. Matthews have been withdrawn and that he has been released from custody. As Deputies are aware, the Government has followed closely developments in this case from the outset. They have taken steps to ensure that the British authorities were aware of the widespread concerns expressed, both here and in Britain, about various aspects which gave cause for disquiet. In this regard the Taoiseach raised the matter during his recent meeting with the British Prime Minister and I raised the case with the British Foreign Secretary. I also had the opportunity to meet Mr. Matthews's parents to discuss their concerns and to assure them of the Government's interest in their son's case and our wish to provide them with all appropriate assistance. The family have been in touch with my office over the past two days and I remain in continuing contact with them.

I share the Deputies' concern about the latest development in this case. As I understand it, following Mr. Matthews's release he was immediately rearrested under the Prevention of Terrorism Act and transferred to Paddington Green police station where he was served with an exclusion order this morning. I understand that he has now been removed from Britain to Northern Ireland.

I have been informed that where a person is served with an exclusion order under the Prevention of Terrorism Act he has the right to make representations to the Home Secretary in writing against the order seeking his exclusion. It is of course a matter for Mr. Matthews if he wishes to make representations against the decision taken in his case.

The British Government is fully aware of the Government's views with regard to the use of exclusion orders and its concern that such measures, in the absence of sufficient evidence to proceed with court proceedings, effectively deny individuals the right to prove their innocence. We have previously suggested to the British authorities that exclusion orders might either be dropped from legislation of this kind, or failing that, that provision might be made whereby a person to be excluded could appeal an order in the courts before its execution. We will continue to pursue this aspect with the British authorities.

In this case I can assure the House that steps have been taken by the Government to ensure that the British authorities are fully aware of the concerns expressed about this recent development, including those raised by Members of this House.

Quite apart from the question of the exclusion order, Mr. Matthews's case and other previous cases have given rise to particular concern with regard to the manner in which a number of Irish citizens have been detained and subsequently charged with terrorist-related offences under the Prevention of Terrorism Act in Britain in recent months. Deputies can be assured that the Government will continue to impress on the British authorities the need to ensure that the legislation is applied in an even-handed manner, with a view to avoiding further cases of this nature. For its part the Embassy in London will continue to monitor the operation of the legislation in Britain, to follow closely developments in individual cases and to offer consular assistance whenever it is required.

I am not trying to be disorderly, but allegations made against this young chap by the Home Office——

The Deputy may not intervene. The Deputy must desist or leave the House.

Top
Share