I wish to share my time with Deputy Coughlan.
Adjournment Debate. - Conviction of Person in Britain.
Is that agreed? Agreed.
Deputy Coughlan and I have pursued this miscarriage of justice case for a considerable time — Deputy Coughlan has been pursuing it for a much longer time than myself. However, I have been involved in many miscarriages of justice cases, such as the Birmingham Six, the Guildford Four and the Annie Maguire case. The case of Patrick McLaughlin, a then 25 year old Derryman, is probably one of the most heinous miscarriages of justice in the litany conducted throughout what might be described as a now discredited British Justice system in the context of the type of cases we seek to expose. Both myself and Deputy Coughlan visited Patrick McLaughlin in Maghaberry on one occasion. Next Tuesday, we seek to speak to a sub-committee of the Anglo-Irish parliamentary tier and subsequently, with its permission, we would like to address the tier about this tragic miscarriage of justice.
We sought an interview with the British Home Secretary but he, in his wisdom, decided that he did not have time to see us. However, we will not leave it at that. Not only myself and Deputy Coughlan but people of the reputation of John Hume, Bishop Edward Daly, the Tánaiste and others are pursuing this case. They are convinced they are witnessing and evidencing one of the most serious miscarriages of justice in a long history of such miscarriages, particularly since 1976.
The judge in the case was, to say the very least, lacking balance. He gave 11 hours in summing up to the prosecution and only two hours to the defence. The verdict was reached by a majority; two jurors wept. In directing the jury to find a verdict, the judge used the now discredited Waldeim direction, which asks the jury to come to a verdict on the basis that time would be wasted and money would be lost. That direction, of course, has now gone.
I strongly urge the Government to pursue this case as a matter of extreme urgency. If it does not do it, we will.
I thank my colleague for allowing me to speak. I have been working on this case for a number of years and have met Patrick McLaughlin and his family, one of whom — his sister — lives in County Donegal. The only crime this man ever committed was to be young, naive, vulnerable, drunk and Irish and that is no reason for getting a life sentence. He has suffered as a consequence of having to serve his sentence, especially when he is innocent, and it is hard to appreciate how he feels.
We were successful in having him transferred but this has only been a temporary measure. If he had obtained a permanent transfer he would now have been released. As with anyone who is innocent he wants to prove it. We have impressed on the Home Secretary the need to reinvestigate the case. New evidence was made available to Scotland Yard but the case has not progressed further. I was disappointed the Home Office and Home Secretary did not see fit to meet us. I hope the British-Irish Parliamentary Body will be able to facilitate us to advance the case and that we will impress upon the elected members from the British Parliament the need to have this case reviewed and to allow this man express his innocence.
It is a terrible travesty for a young man who has lost his wife because of this and who could lose his family, his dignity and everything he had when he first went to England. I urge the Minister to reiterate our concern and to impress on the Home Secretary the need to have the case reopened to facilitate a further appeal.
I take this opportunity to commend the Deputies for their compassionate and humanitarian interest in this and other cases. I am aware of the case of Patrick McLaughlin to whom the Deputy refers. Mr. McLaughlan was convicted in 1986 of conspiracy to cause explosions in Chelsea barracks in 1985 and was sentenced to life imprisonment. He appealed this conviction but it was upheld in May 1988. Mr. McLaughlin has continued to maintain his innocence. An organisation was established, the Friends of Patrick McLaughlin, to campaign on his behalf. His case has been raised in this House on a number of occasions. Mr. McLaughlin's efforts to establish his innocence has received the support of a wide range of eminent people and it continues to generate significant media interest.
I understand that Mr. McLaughlin's legal representatives continue to work tirelessly on his behalf to establish grounds for a reconsideration by the British authorities of his conviction, as the Tánaiste and Minister for Foreign Affairs has indicated previously.
The Department has been active on his case for a number of years. His case has been followed closely since his arrest in December 1985. An official from the Embassy in London attended Mr. McLaughlin's unsuccessful appeal in 1988. While serving his sentence in Britain, Mr. Laughlin was also visited by an Embassy official and a number of issues of a consular nature were consequently raised by the Embassy with the Home Office.
In addition to his efforts to establish his innocence, Mr. McLaughlin also applied for a transfer from Britain to a prison in Northern Ireland nearer his home. As a result of these representations, he was transferred in September 1994. However, this transfer was classified as temporary and subject therefore to review. Thus far, his transfer has been consistently renewed and Mr. McLaughlin remains in Maghaberry. Representations have been made to have his transfer made permanent. I understand, however, that Mr. McLaughlin's transfer remains temporary.
The Government has consistently indicated to the British authorities its wish that all transfers to Northern Ireland, including that of Mr. McLaughlin, be made permanent. We welcome those transfers which have been classified permanent and would hope that this be granted in Mr. McLaughlin's case. I understand that if and when his transfer is made permanent, his case will be eligible for consideration by the Northern Ireland Life Sentence Review Board.
As the Tánaiste informed Deputies in this House on 1 February 1996, the Embassy in London has further contact with the British Home Office regarding applications for compassionate parole by Mr. McLaughlin. This matter was also raised recently with the British authorities through the Secretariat.
I reiterate the Government's conviction that the handling of prisons issues is an important factor in the broader contexct of advancing confidence and trust. Prison issues and confidence matters generally will continue to be fully discussed by the Government with the British authorities through the framework of the Anglo-Irish Intergovernmental Conference. It is a priority issue in our contacts with the British authorities through the Secretariat in Belfast and our Embassy in London.
If there has been a miscarriage of justice, the Government believes that that should be redressed and redressed as quickly as possible. Should Mr. McLaughlin and his legal representatives establish grounds for a reconsideration by the British authorities, we trust that it and any subsequent referral to the Court of Appeal will proceed in an expeditious manner.
I assure Deputies the Department will continue to monitor developments in this case closely. We are aware of the concerns expressed by the prisoner's family and the distressing humanitarian situations which he experienced in relation to illness and death of relatives.