Dáil Éireann debate -
Wednesday, 6 Mar 1996

Vol. 462 No. 6

Adjournment Debate. - Compassionate Parole.

Éamon Ó Cuív

Ba mhaith liom buíochas a glacadh leat as ucht na ceiste a tógadh anocht. Chuir sé an-díoma orm nár éirigh liom an cheist a thógáil inné.

I thank the Tánaiste for coming into the House. I am sure he is familiar with the details I am about to outline. Harry Duggan has already served 21 years in various prisons in the United Kingdom; he is currently in Whitemoor Prison. Mr. Duggan's mother died this week and he applied for compassionate parole to attend her funeral. Since I began working with the prisoners in Britain I always believed it would be impossible to overstate the part they played in bringing about the ceasefire of 1994. I believe also that the lack of a humanitarian gesture and the refusal by the British authorities to make any movement on the prisoner issue, allied to the earlier release of Lee Clegg, had a seriously undermining effect on the prisoners' morale and on their efforts in favour of peace.

At this juncture, when confidence building measures are so badly needed and when there is a lack of faith in the political process, particularly among prisoners, it is important that the British authorities make a humanitarian gesture. I ask the Tánaiste, therefore, to make firm representations that Harry Duggan be granted compassionate parole, even at this late stage, to return to Ireland for three days to be with his family at this time of bereavement. Twenty years is a long time to serve in prison, irrespective of the crime. It is fair to point out also that Harry Duggan's co-defendant, Joe Connell, was the person who wrote to An Phoblacht recently urging the republican movement to pursue its aims by political means and to reinstate the ceasefire.

I ask the Tánaiste also to press the British Government on the case of Patrick Kelly. This case has been well documented in the public domain and I do not have to go over the details of it. Suffice to say that last October a medical expert from Canada diagnosed that Mr. Kelly's cancer had spread and since then his medical condition has continued to deteriorate. The Tánaiste is aware of the updated medical position that has been confirmed by the specialist now treating Patrick Kelly.

It is reasonable to hope at this stage that the Home Secretary might be persuaded to expedite the transfer of Paddy Kelly to the Republic. The legislation and the convention to do this are in place and I understand the necessary documents have been sent by the Department of Justice to the British authorities. The American authorities were persuaded to adopt a particular approach one month ago and I now hope the British authorities can be persuaded by the Tánaiste to agree to Patrick Kelly's immediate transfer. I know the Tánaiste has made previous representations in this case and I hope he will convey to his British counterparts the great disappointment experienced by myself and others who visited these prisoners and argued that politics does work. What we, as politicians and parliamentarians, have been urging appears to have been totally ignored. I hope that for the first time we will see confidence building measures and humanitarian gestures being taken with these prisoners. I have no doubt that if they were taken, they would be a major step in rebuilding an IRA ceasefire and letting politics solve this problem.

Tánaiste and Minister for Foreign Affairs (Mr. Spring)

I acknowledge the strong interest which the Deputy has taken in republican prisoners serving their sentences in English prisons. The Deputy's commitment to their welfare was again demonstrated by his visit last week to the relevant, prisoners. I know his concern is shared by members of all parties in this House, a number of whom from the Labour and Fine Gael parties have also visited the prisoners on several occasions in recent weeks.

The Government has continued to emphasise the importance of prison issues in the context of the peace process and these are fully discussed with the British authorities within the framework of the Anglo-Irish Intergovernmental Conference. In addition, humanitarian concerns relating to individual prisoners are raised on my instructions through our Embassy in London and the Anglo-Irish Secretariat. We have made clear that we stand ready to receive those republican prisoners who wish to be transferred to this jurisdiction and the papers in five of these cases have already been processed on our side.

It is generally accepted that the republican prisoners played a significant role in framing the decisions which led to the cessation of IRA violence in August 1994. As we work to have that cessation restored there are encouraging indications that republican prisoners remain convinced of the importance of building a peaceful and democratic way forward. I hope they will continue to bring their influence to bear within the republican movement to ensure that the all-party negotiations which will begin on Monday, 10 June can be fully inclusive.

I would now like to address the specific cases raised by the Deputy. Regarding the prisoner who requested compassionate parole to attend the funeral of his mother, on my instructions this matter was raised by the Embassy in London with the Home Office yesterday with a request that the parole be granted. Regrettably, a decision was taken not to grant the prisoner parole and I understand that this was on security grounds. As the Deputy will be aware, the funeral of the prisoner's mother was to take place this morning in County Clare. I can assure the Deputy that the Government will continue to emphasise to the relevant British authorities the benefits which in our view are realisable from a compassionate approach to this kind of request.

I have been concerned for a considerable period with the other case raised by the Deputy, particularly on the grounds of the medical condition of the prisoner involved. I have raised his case myself within the framework of the Anglo-Irish Intergovernmental Conference. The prisoner was visited by an official of our Embassy in London when he was imprisoned in England on two occasions last year and his circumstances have been the subject of numerous representations to the British authorities through the Embassy and the Anglo-Irish Secretariat. In addition, officials of my Department have at their request maintained contact with a number of his close relatives.

The re-classification of the prisoner in question last November by the British authorities and his temporary transfer to Maghaberry prison in Northern Ireland were positive developments. Unfortunately, it would appear that in recent days there are renewed grounds for concern in regard to the medical condition of the person in question. On my instructions, his case was again raised last week with the relevant British authorities and our serious concern about his apparently deteriorating condition was made clear.

I can assure the Deputy that the Embassy in London and our officials in the Anglo-Irish Secretariat have had a number of further contacts with the British side about this case in the past few days. I understand that the British authorities have arranged for a further medical examination of the person in question either today or very shortly.

The Deputy will be aware that the person whose case he has raised has, in fact, applied for a transfer to prison in this jurisdiction. I would like to repeat again that we stand ready to receive him if the British authorities agree to his transfer under the Convention on the Transfer of Sentenced Persons. I believe that if the worst fears about his health are confirmed he should be enabled to spent the period ahead near to his family in County Laois. This could be done by means of a transfer to this jurisdiction or indeed by a decision by the British authorities to release the prisoner on compassionate grounds in view of his grave medical condition.

When I meet the British co-chairman of the Anglo-Irish Intergovernmental Conference, Sir Patrick Mayhew, later this week. I will again raise the case in question with him. The compassionate handling of such cases is, I believe, of crucial importance in terms of building the confidence which both Governments are agreed is necessary if we are to achieve our shared objectives.