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Dáil Éireann debate -
Thursday, 14 Dec 2000

Vol. 528 No. 3

Adjournment Debate. - Prisoner Releases.

I am grateful for the opportunity to express my disgust at the temporary release from Castlerea Prison in recent months of each of the four of the murderers of detective garda Jerry McCabe. I cannot understand the reasoning which led to these temporary releases. They are described by the Minister for Justice, Equality and Law Reform as being on compassionate grounds. Each of them appears to be based on the alleged illness of a family member. To say the least of it, the reasons for their release are very dubious and almost certainly would not be adequate if these people were not members of the IRA and did not have the other part of the IRA, Sinn Féin, lobbying for them. The lobbying is done for them by other convicted terrorist criminals.

It was made abundantly clear prior to, and at the signing of, the Good Friday Agreement that the benefits of that Agreement would not extend to these four people. Notwithstanding that, their releases are described in some quarters as "confidence building measures". I would have thought we need to build confidence in the legal system, particularly the criminal justice system, and not confidence among the members of an organisation which has spent several decades murdering, maiming and robbing people on this island.

The Minister of State acknowledged in the House yesterday that discussions had taken place with Sinn Féin about these prisoners and how they would be treated. I doubt if the Department or the Government would enter into discussions with any other political party a member of whom had been convicted of killing a garda on duty. Why do these people get special treatment? Would a freelance, unattached murderer of a garda get this treatment? The answer is unquestionably no.

If compassion is to be shown it might first be shown to those who themselves demonstrated some compassion. What compassion did these thugs and their associates show to Jerry McCabe and Ben O'Sullivan on that awful morning in Adare? Why should these people be shown constant favouritism?

The Progressive Democrats is deeply disturbed by the action of the Minister in releasing these people temporarily. It looks to us as if this is simply the gradual build-up to their eventual premature total release. If the Minister requires, through legislation or by way of motion, the agreement of this House for further favourable treatment for these people and their associates, support for such a measure will not be forthcoming from the Progressive Democrats.

These four people have been convicted of extremely serious crimes and sentenced to terms of imprisonment of up to 14 years. Why are they not in Portlaoise Prison? This is the appropriate place for people convicted of this type of offence and nowhere else is appropriate. Is it at the request of other convicted criminals in Sinn Féin that they are now enjoying themselves in Castlerea Prison in an individual bungalow of their own, with telephones paid for by the taxpayer and the IRA sending down the town for Chinese or other take-aways whenever the normal diet is not to their liking? Why are they allowed the privacy of living together in one house which was described in newspapers as a luxury bungalow with the freedom to talk, by telephone at least, to anyone they want, anywhere they like and at any time? Are they using this access to the outside to plan further crimes and to give instructions to their less experienced associates in Sinn Féin and the IRA as to how certain serious crimes might best be carried out?

When moderate democrats who seek to abide by and uphold the rule of law come a bad second in Government esteem to these kind of people, it is surely time to ask ourselves some fundamental questions about how we order our affairs. When the lives of our policemen, and the welfare of their widows, come second to the creature comforts of these sort of people, we may find ourselves quickly in a position that the thin blue line disappears and our society and its institutions are put at grave risk.

The House will be aware that this matter was the subject of Private Notice Questions yesterday at which I dealt as comprehensively as possible with the matters raised.

I fully appreciate the concerns expressed in the House about the releases in question. No one could deny that the prisoners involved were party to a dreadful and brutal crime in Adare which shocked all right-thinking people. It is all too understandable that the family of the late detective garda McCabe, in particular, are distressed that the people in question have been granted short periods of compassionate parole. It is only right that Members of this House in whose constituency the family lives have been to the fore in raising concerns about these releases in the House.

The reality is that no Minister for Justice would have lightly decided to authorise compassionate parole in these cases. In many ways the easier thing to do would have been to refuse the applications in question. As I informed the House yesterday, ten such applications from the prisoners in question had been turned down by the Minister for Justice, Equality and Law Reform, Deputy O'Donoghue.

Wider considerations arise. To have refused all the applications in question would have amounted to a departure from normal practice which in the view of the Minister, Deputy O'Donoghue, could not ultimately be justified. The High Court has found that it would be unlawful for a Minister to impose a blanket ban on releases for a particular group of prisoners. Each case must be considered individually by the Minister.

Suggestions have been made in the House that the releases in question were unprecedented. This is simply not true. In this context it may be worth making the point that one of the prisoners in question was released early by the previous Government substantially in advance of the completion of the sentence he was then serving. During the course of the time he spent in prison he received compassionate parole on seven occasions. I am not criticising those decisions but it serves to illustrate the point that very difficult decisions have had to be made by successive Administrations in this regard.

It is important to reiterate a number of points. First, the Taoiseach and the Minister for Justice, Equality and Law Reform stated on many occasions that the persons convicted in connection with the death of detective garda McCabe do not qualify for release under the Good Friday Agreement. That remains the position and to suggest that the granting of short periods of compassionate parole in any way contradicts the assurances given is entirely misplaced. The four prisoners in question were each released for three days compassionate parole in a period of about 22 months of their sentences. Clearly that does not represent early release.

Second, no breaches of the conditions surrounding the releases have been reported to the prison authorities. I mentioned yesterday that inquiries are being made into the allegation that one of the persons involved was found by gardaí after hours on a licensed premises.

While the inquiries are continuing I should tell the House that the prisoner involved denies having been in a bar while gardaí raided it.

Did he run into the yard?

Should the inquiries indicate that a breach of the conditions may have occurred, it would be a matter for the prison governor to pursue the matter by way of disciplinary proceedings. Any reported breach of conditions of temporary release could have serious implications not least in relation to consideration of any future applications for parole. There are also sanctions available to prison governors should a breach be proved, including loss of entitlement. Equally, while breach of a condition attaching to temporary release might not be at issue, the suggestion that one of the prisoners booked into a hotel with a particular person is also denied by that prisoner. For the sake of clarity, one prisoner was released on compassionate grounds last weekend, not two.

Third, there have been suggestions in the House that the releases in question arise as part of some secret deal entered into with Sinn Féin. There is no basis for that suggestion. Representatives of Sinn Féin regularly raise the case of the prisoners at meetings with officials. Their strongly expressed view is that those prisoners qualify for release under the Good Friday Agreement. As Members are well aware, the Government holds an opposite view. As with members of all political parties, from time to time representatives of Sinn Féin have made representations about authorising periods of release in particular cases.

The Minister of State's five minutes is concluded, but if the House is agreeable the Minister may continue.

That is agreed.

Fourth, it has been suggested in the House that the use of the term "compassionate parole" is wrong. I said yesterday it is not a term I would use, especially in this case. What is at issue is the temporary release of the prisoners. The prisoners in question were granted short periods of temporary release under rules made under the Criminal Justice Act, 1960. Those rules apply to all prisoners released from Castlerea Prison. While it does not appear in statutory form, the term "compassionate parole" is used by the Department of Justice, Equality and Law Reform simply to describe releases that are warranted on compassionate grounds. Generally, the criteria relating to compassionate parole arise from some family circumstance, say, an illness of a family member, which is considered sufficient grounds to warrant the authorisation of a period of parole. It is not the practice to disclose the specific reasons for such releases in individual cases, not least because this could require releasing sensitive information about a family member. Clearly, what is at issue is not early release.

There are three further issues which it is important that I deal with. The first relates to notifying the family of the victim when such releases take place. As I informed the House yesterday, the Minister, Deputy O'Donoghue, in the particular circumstances of the case, has asked that a procedure be put in place to ensure that the family is informed should the situation arise again.

The second relates to suggestions which have been made to the effect that different standards have been applied in these cases than would apply to other prisoners. I assure the House that each case for compassionate parole is assessed on its individual merits and the Minister for Justice, Equality and Law Reform must be satisfied on the basis of the information available to him that the granting of parole is warranted by all the circumstances surrounding the application. Suggestions which were made here yesterday to the effect that one doctor provided medical certificates in all the four cases are not true.

The third relates to the regime which applies to the prisoners in question at Castlerea Prison. The prisoners in question were transferred there when it was concluded that they could be held in less intensive settings from a security point of view than Portlaoise Prison, which is our sole maximum security prison. They are subject to the regime at the prison and, of course, prison rules apply to them. The prisoners in question are held in a group in a compound within the walls of Castlerea Prison, which has been in operation for over three years.

I am grateful to Deputy O'Malley for raising this matter this evening. I fully understand the concerns which he has about this matter. I assure him that the Minister for Justice, Equality and Law Reform is acutely aware of those concerns and will fully take them into account.

The Dáil adjourned at 10.45 p.m. until 10.30 a.m. on Friday, 15 December 2000.

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