Dáil Éireann debate -
Wednesday, 14 Jun 1995

Vol. 454 No. 4

Adjournment Debate. - Prisoner Transfer.

Miss Coughlan

Ba mhaith liom ar dtús buíochas a ghabháil leatsa as ucht an cheist seo a cheadú, and I thank the Minister of State for coming in to reply. I am sure the Minister is aware of this case. Patrick McLaughlin was arrested in November 1985 on a charge of conspiracy to cause an explosion. He was given a life sentence, to a maximum of 22 years. He has served ten years and, like many other prisoners, has lost his family and his dignity. The problem is compounded by the fact that since his trial he and his family have always maintained his innocence.

We had an opportunity in the House last week to meet the McLaughlin family. I thank my colleagues who attended that meeting and the Minister for making his officials available at very short notice. This evening the McLaughlin family called to the House of Commons to put their case to British parliamentarians. Given that the Secretary of State has approved arrangements for temporary compassionate leave for longer serving paramilitary prisoners in the North it is opportune that we put pressure on the authorities in Northern Ireland and on the Home Secretary to ensure Patrick McLaughlin is given a permanent transfer to Maghaberry prison. His family were thankful that he was granted a temporary transfer but since then many other prisoners have been granted a permanent transfer and under the new regulations in Northern Ireland they will be put on parole soon. It was confirmed by the Northern Ireland Office last week that if Patrick McLaughlin is granted a permanent transfer he will be entitled to parole this year.

"Spotlight" carried out an investigation of this case and uncovered new evidence. Scotland Yard requested that evidence from the television and print media and have been in possession of it since last March, yet the family has heard nothing about the case. I ask the Minister, through her office, the office of the Tánaiste and the London Embassy, to contact the Home Secretary and impress upon him the need for a permanent transfer for this man. This would augur well in the present climate. The Home Secretary should be requested to put pressure on Scotland Yard to ensure the new evidence is admissible and that it is given to the family's solicitors so that they will have an opportunity to appeal the case in the Court of Appeal.

I am aware that the Minister's office and the Embassy have been involved for a number of years in prison visits and so on. This is an opportune time to put pressure on the British authorities in this regard. Given that many of my colleagues on all sides of the House who met this family are of the opinion that this man is innocent and should be given an opportunity to prove his innocence through the Court of Appeal, I ask the Minister to ensure as a matter of urgency that he is granted a permanent transfer to Maghaberry prison in County Antrim.

Minister of State at the Department of Foreign Affairs (Ms Burton)

The Government has consistently emphasised to the British Government the importance of prison issues in the context of the peace process and the need to respond positively to the new situation in the aftermath of the paramilitary ceasefires. It was against this background that the Government, having regard to the reduced threat to the community, agreed to the early release of a number of prisoners in this jurisdiction. The Tánaiste had devoted particular attention to prison matters, including the question of release and prison conditions, in the discussions which he has had with the Secretary of State in the framework of the Anglo-Irish Conference. The Taoiseach also raised the issues with the Prime Minister, Mr. Major, in Moscow and, more recently, in Paris.

I am aware that for many prisoners in Britain, and their families, the provision for transfer to Northern Ireland is of particular importance. I have urged the British Government to ensure that the arrangement is operated flexibly, and that as many as possible of those wishing to be transferred are facilitated. I understand the pressures on families caused by the need to travel long distances, often to isolated locations, for meetings with relatives serving periods of imprisonment. I understand that over the past year approximately one dozen prisoners have been moved to Northern Ireland, and that in recent weeks a further group have been informed that their requests for transfers have been approved.

As regards the particular prisoner to whom the Deputy refers, the Department of Foreign Affairs and our Embassy in London have been aware of this case since his arrest in December 1985. We have since followed the case closely, including the attendance by an Embassy official at the unsuccessful appeal by the prisoner against his conviction in 1988. The Embassy has continued to monitor closely developments in this case in the period since the prisoner was convicted. This has included visiting Mr. McLaughlin in prison. Following these contacts a number of issues of a consular nature were raised by the Embassy with the Home Office.

Among the issues raised was Mr. McLoughlin's wish to be transferred to a prison in Northern Ireland, nearer his home. Following these representations Mr. McLoughlin was given, in September 1994, a temporary transfer to Maghaberry Prison in Northern Ireland. Because of its classification as a temporary transfer, Mr. McLaughlin's transfer is subject to renewal. The British authorities have continued to renew his transfer, and Mr. McLaughlin has remained at Maghaberry in the intervening period.

I am aware that notwithstanding the renewal of Mr. McLaughlin's transfer he has expressed the wish that his transfer should be made permanent. We have consistently indicated to the British authorities our wish that all transfers to Northern Ireland, such as that of Mr. McLaughlin, should be put on a permanent footing, and that any legislative changes necessary to give this effect should be made. We will continue to make this point to the British authorities. In this regard we welcome the fact that a number of recent transfers have been classified as permanent.

On the question of transfers, the House will be aware that the Bill to permit ratification by this country of the Convention for the Transfer of Sentenced Persons is under consideration by the Dáil, and will hopefully be adopted shortly. When enacted we will move quickly, as promised in the Government's programme, to put in place arrangements for the transfer of prisoners to this jurisdiction.

The House can be assured that the Government is fully aware of the need for sensitive handling of the prisons issue. The Taoiseach and Tánaiste have identified prisons as among the critical issues on which we must make progress as we seek to advance the peace process. The Deputy can take it therefore that the Government will continue to follow closely developments in this area, including the transfer issue, and to ensure that they receive careful attention in our continuing discussions with the British Government.

The points made by the Deputy about the prisoner's family having heard nothing about the case and her request that the Embassy contact the Home Secretary and that Scotland Yard make available the new evidence are reasonable and I will take them up with the Tánaiste and the Department.