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Dáil Éireann díospóireacht -
Friday, 16 Nov 1928

Vol. 27 No. 3

IN COMMITTEE ON FINANCE. - VOTE No. 33—PRISONS.

I move:

Go ndeontar suim ná raghaidh thar £39,285 chun slánuithe na suime is gá chun íoctha an Mhuirir a thiocfidh chun bheith iníoctha i rith na bliana dar críoch an 31adh lá de Mhárta, 1929, chun Costaisí Bhúird Ghenerálta na bPríosún agus Príosún agus Fundúireachtaí Borstal, Clárú na Síor-chuirptheach, agus coinneáil-suas na nGealt gCuirpthe a coinnítear in Ospidéil Mheabhar-Ghalar Cheanntair. (17 agus 18 Vict., c. 76; 34 agus 35 Vict., c. 112, a. 6; 40 agus 41 Vict., c. 49; 47 agus 48 Vict., c. 36; 61 agus 62 Vict., c. 60; 1 Edw. VII., c. 17, a. 3; 8 Edw. VII., c. 59; agus 4 agus 5 Geo. V., c. 58.)

That a sum not exceeding £39,285 be granted to complete the sum necessary to defray the Charge which will come in course of payment during the year ending on the 31st day of March, 1929, for the expenses of the General Prisons Board, and of Prisons and Borstal Institutions, the Registration of Habitual Criminals, and the maintenance of Criminal Lunatics confined in District Mental Hospitals. (17 and 18 Vict., c. 76; 34 and 35 Vict., c. 112, s. 6; 40 and 41 Vict., c. 49; 47 and 48 Vict., c. 36; 61 and 62 Vict., c. 60; 1 Edw. VII., c. 17, s. 3; 8 Edw. VII., c. 59; and 4 and 5 Geo. V., c. 58.)

MINISTER for JUSTICE (Mr. Fitzgerald-Kenney)

Since this Estimate was prepared, the Vice-Chairman of the Prisons Board retired on attaining the Civil Service retiring age, and no appointment has been made in his place. At present there is a Chairman and a Vice-Chairman of the Prisons Board, but they are members of the staff of the Department of Justice, and they receive no extra remuneration for the work they are doing as chairman and vice-chairman respectively. I may say that it is our intention to abolish the Prisons Board entirely and to control the prisons directly from the Department of Justice. It is hoped that as a result a saving of about £1,700 per annum will be made. Of that £1,700, we have already succeeded in saving £1,250. It may be possible when the arrangements, following upon the abolition of the Prisons Board, are fully completed to save some further hundreds of pounds. I have nothing further to say on Sub-head A, except to mention that in addition to the sums I have referred to, we have already saved about £1,500 of the all-Ireland costs of the Prisons Board. Deputies will observe that there is a net decrease in the Estimate of £9,382. That would have been a larger decrease if a certain sum, to which I intend to allude later—a proposed capital expenditure of £3,500 for the purchase and enclosure of land—were also subtracted, because of course that is a capital item which did not appear in the accounts last year.

The principal decreases are in Sub-head C—Pay and Allowances of Officers—a decrease of £5,177; on Sub-head D—Victualling—a saving of £2,020; on Sub-head G—Fuel, Light, Water and Cleaning Articles, etc.—a saving of £1,000; on Sub-head I— Escort and Conveyance—a saving of £1,500; on Sub-head O—Maintenance of Criminal Lunatics in District Mental Hospitals—a saving of £1,000. There are minor decreases in other sub-heads, but I do not think it is necessary to enumerate them all. Sub-head B— Travelling and Incidental Expenses— shows a decrease of £50. These expenses are incurred in covering the expenses which are incurred by headquarters officers in travelling on duty, and incidental expenses, which include the purchase of photo chemicals, the payment for advertisements in newspapers, and that sort of thing. Sub-head C shows a decrease of £5,177. There has been a steady decrease in the cost of pay and allowances of prison officers since the prison service was taken over from the British Government. The total number of officers actually serving in the civil prisons in the Twenty-Six Counties on the 1st April, 1922, was 455, and their actual cost for the year 1922-3 amounted to £89,833. By the 1st April, of this year, the number had been reduced to 352, a reduction of 103, and the estimated cost this year is £70,523, being a reduction of nearly £20,000 on the 1922-3 figure. This reduction was rendered possible by the closing of Kilkenny Prison and of Sunday's Well Female Prison in Cork, and by the reduction of Dundalk Prison to the status of a minor prison, that is to say, a prison that only takes prisoners on remand and prisoners who are sentenced to periods of not more than seven days' imprisonment. It was further effected by the suppression of certain posts in the remaining prisons. The decision as to Dundalk made it possible to reduce the number of governors by one, and to dispense with the services of a number of warders. The prison staff in Dundalk is now only one chief warder and two warders.

Sub-head D is the cost of victualling. It shows a decrease of £2,020. It is estimated that during the current financial year the average daily prison population, including about sixty Borstal boys, will not exceed 800. The average cost of food works out at less than 9d. a day. This, however, does not take into account any overhead charges or the cost of labour. Sub-head E shows a decrease of £1,000. As regards clothing it may be mentioned that all the prison clothing is made by prison labour, and that the sum of £2,000 included in this Estimate is merely the cost of materials. There is also an item for beds and bedding. That has been occasioned by the fact that we have this year completely swept away plank beds in all our prisons. For the future, the plank bed will be non-existent, and prisoners will have ordinary comfortable beds. Sub-head G—Fuel, Light, Water, etc.— shows a decrease of £1,000. The figures are made up as follows: Fuel, £5,000; gas and electric light, £2,500; and water, £950. Sub-head H provides for the payment of head rents due in respect of certain of the prisons. There is a head rent of £139 2s. payable out of the Clonmel Borstal Institution, which is held under a lease for ever. There is a head rent of £51 13s. 10d. payable out of Sligo Prison. There is a payment of £60 per annum in respect of what was Cork Female Prison. As I mentioned, that has been closed, and the prison is now used for wireless broadcasting. There is also a head rent of £70 14s. 6d. out of Kilmainham.

Sub-head I—Escort and Conveyances —is down by £1,250, while ordinary repairs are down by £500. I might mention Sub-head O, dealing with the maintenance of criminal lunatics in district mental hospitals. There are about 170 criminal lunatics maintained at the expense of the Prisons Board in district mental hospitals. I mention that fact because it was stated from the benches opposite some time ago, in the form of a question, that it was the practice of the authority responsible to release or discharge those prisoners who showed signs of insanity so that they might become a charge on local taxation. I wish to say that that suggestion—because it was only a suggestion in the form of a question—was unfounded, and that there are 170 prisoners now detained in these hospitals. Of course Deputies are aware that when a man who commits a crime is found guilty but insane, or if he is not fit to plead, the sentence is that he is detained during pleasure, and the place of detention, if it is a very bad case, is the Central Criminal Lunatic Asylum, Dundrum, or, if it is not a homicidal case, the prisoner is usually sent to and paid for in the local mental home.

There is just one other item which I would like to say something about— that is, the purchase and enclosure of land. It is my desire—a desire very strongly felt on my part—that more land should be added to Portlaoighise Prison. There is a certain amount of land there at present, but it is not sufficient to enable all the able-bodied prisoners of good character to work upon land. In dealing with prisoners the main object is to endeavour to reform them, to endeavour to bring home to them that though a man may have fallen he can rise again; that though he may be down he need not be down for all time. My own personal belief is that the best way of reforming and regenerating the man is by keeping him working upon the land, keeping him out of doors, in healthy surroundings, engaged on some particular form of work which occupies his attention and which may interest him. In the terrible old days the idea for prisoners laid down by a Committee of the House of Lords was that they should have hard labour, hard fare, and hard beds. That was a very wrong method, in our idea, and is the very worst method of dealing with prisoners. Our idea is to try to save these prisoners, to do everything we can, so that when they go out again into the world they will be able to have something like a fresh start. I am quite aware that something of this nature was tried before, but it was tried in different surroundings. As possibly Deputies may know, a penal colony was started in Lusk, Co. Dublin, in 1853, and carried on until 1886, when it was closed down, after very great expense, not having done the work of reforming the prisoners which it was hoped by those who established it it would have done. Though Lusk was in a way an experiment on agricultural land, yet we can learn by the failure of Lusk. We can see where Lusk failed and we can profit by it. It is my hope—a very strongly felt hope—that we can do a great deal by acquiring this extra land towards reforming men who are now inmates of our prisons. We have had some difficulty in acquiring the land, for the simple reason that extremely high prices have been asked. It very often happens when the Government is known to be a purchaser, and a willing purchaser, that people ask very extravagant prices. Of course we have compulsory powers by which we could acquire this land at a fair price, and possibly, if necessary, we will invoke these powers.

In dealing with this Vote, naturally the first serious matter that occurs to one's mind is the treatment of political prisoners, who must be dealt with on a different plane altogether from that of ordinary prisoners. The Minister, in reply to a question in this House, refused to entertain the principle that political prisoners should receive a separate status and separate treatment from ordinary prisoners. That is, in a sense, an innovation which commenced in this country at the time Balfour made new prison conditions under which he hoped to destroy the utility of men like William O'Brien, Michael Davitt, and John Dillon. The actual details of that intrigue were divulged by Wilfred Blount. On account of the very severe criticism of the British Government in that book it was suppressed by them. I am sorry to see that, as the Minister for Justice was brought up in that particular school of thought apparently, he still persists in adopting that attitude of treating political prisoners as if they were criminal prisoners. His attitude differs from that of most European countries where special treatment is meted out.

I am not going to discuss European countries.

I thought not. There is nothing like making assertions.

If the Minister wants a lecture I can make it up and give it to him.

I think that is asking the Deputy too much.

A Minister who would have in his mind the idea that he was going to enforce strictly criminal justice and political justice would detach himself entirely from controversial questions. It would be for him to investigate and see every possible method of change in order to make the present system as civilised as possible and, at the same time, as effective as possible, because to mix up the treatment of political with criminal prisoners brings discredit upon the majesty of justice. Not only are those political prisoners treated as I say, but they are ill-treated. We have cases of ill-treatment in the case of Seán O'Neill, George Gilmore, John Hogan, Mr. O'Malley, Peadar O'Donnell and some others. I understand from a report issued by the Political Prisoners' Committee that even the lady prisoners are badly treated. In their report they say:—

"Free State jails are a scandal to civilisation and a shame to Ireland. None of the prison reforms adopted in other countries, and even in England, have penetrated here. There are no educational classes except for illiterates, no concerts, no recreations, everything is done to degrade, nothing to improve, the prisoners.

"In Maryboro' there is a dark dungeon where numbers of prisoners have been driven, some of them to the point of their minds being unhinged.

"In Maryboro' and in Mountjoy brutal kickings and beatings of prisoners by warders are allowed, if not actually ordered, by the prison authorities. In some cases, which we can vouch for, having personally investigated them, men have been permanently injured and disabled for life. In Mountjoy, convicts have been armed with pokers and set on five Republican lady prisoners who were demanding political treatment."

That is the Report and I give it for what it is worth. These ladies who look into the cases take all the trouble they can to get all the information. I suppose when the Minister answers these matters he will deal with them with the same sense of levity as he has dealt with other charges from this side of the House. There are at present eighteen political prisoners in jail and I submit that it is time they should be let out. It is absurd to detain two ladies, Mrs. McDermott and Miss Eva Jackson, in jail for twelve months for merely posting up Republican leaflets. That I take it is one example. Then again finger prints are taken, even in the case of political prisoners, which is degrading and should not be allowed. In the case of criminals finger prints are taken even before the criminal has been convicted. Until a criminal is convicted he is an ordinary citizen and no one has a right to take any fingerprints. I would like to know from the Minister for Justice where he finds his authority for that. The food conditions in the jail are bad. I have heard complaints from people with actual experience that the milk contains a considerable amount of water and that the meat which is supplied is of a very poor standard and charged for at a very high price. The tea is of such a curious nature that people could not make out exactly what it was.

On the actual Vote there is a sum of £2,602 for thirty-four temporary warders. It works out very roughly at about £80 a year. Owing to the fact that the amount of money paid to these people is so very small the wrong type are used as temporary warders, and although one is loath to suggest an increase in the amount of money, at the same time, I suggest it would be far better to raise the amount to a point where you would get men of a better type and more suited to the particular work required. I think the Minister mentioned that there were some 400 persons employed on the staff. I did not get his figure and I would be glad if he would give it to me.

On 1st April this year the number was 352.

Three hundred and fifty-two and the total number of prisoners is about 800. You have a comparison there which appears to me to indicate a considerable amount of redundancy. That is very nearly two to one. Why should prisoners require such a staff? As in other Votes, unless Deputies know the work each individual on the staff does it is impossible to make any detailed criticism. It is time that the Ministry of Justice woke up to the fact that the administration of prisons should be carried out for the purpose of making men better men and really putting them on their feet from the point of view of self-respect. I suggest they should develop the Borstal system, investigate what is being done in other countries in the improvement of the conditions of prisoners so as to make them, instead of bitter men, better men and give them work which will be real work, which will bring in a return and in which they are interested and will have recourse to when they come out of prison. These are matters in which the Minister foreshadows certain changes. The quicker these changes are carried out the better. My chief objection to this Vote is, first of all, the treatment of political prisoners and further that the conditions are out of date and that complete prison reform is required in Ireland.

We are glad to hear the humanitarian sentiments expressed by the Minister for Justice. Nobody can doubt his sincerity, but before he tries to emulate the example of those early Victorian reformers who went out to reform the present system I think it would be better for him to give a practical example of humanitarianism, particularly towards his political opponents, by showing that he can be just and merciful even in small cases. I will not go over the ground again, but will simply reiterate what Deputy Little has stated with reference to the two ladies, Mrs. McDermott and Miss Jackson, who have been in detention for the past twelve months. Mrs. McDermott is a woman with a family and Miss Jackson, whom I know, is an extremely delicate girl and the only daughter of a widow. I put it to the Minister, now that the season of peace on earth to men of good-will is coming, to do the right thing and release these two ladies.

Then there is the question of Portlaoighise Convict Prison. We would have been very glad to have heard from the Minister what exactly is being done to make the lot of the prisoners somewhat better than it used to be under the old regime. There is a suspicion in the country that conditions are exceptionally bad in that prison. If we look up the last report of the Prison Board, that for 1926, we will discover that although only one-quarter of the total prison population is housed there, 85 out of 148 punishments inflicted on prisoners for disciplinary offences were imposed on prisoners in Portlaoighise. The fact that 85 out of 148 punishments were imposed in that particular prison would. I think, go to show that the conditions there are severe. We know that that prison houses convicts chiefly, convicts who are in for long periods, but I think it is generally understood that the old offender is generally the best conducted. He sees that the game is up, so to speak, and he conducts himself fairly well. He is generally submissive and acts in a way which conforms to the prison rules.

If it is a fact that these 85 offenders had to be punished in this way, I think it represents a particularly rigorous state of affairs in that prison and that there is no doubt that there is some justification for the assertion that the prisoners, whom we deem to have committed political offences, are having a bad time. We hope that it will be unnecessary to have resort to punishment and that if the Minister cannot see his way to change the present regulations, which were handed down to him, so as to give the class of prisoners we are interested in a special category and special treatment, he will at least see that unfair advantage will not be taken of them, and that when they find themselves in a certain position, when they believe that they are standing for certain principles, and when they assert that they ought not to be associated with the criminal types, their attitude and physical well-being will, at least, be treated sympathetically.

I understand from the Minister that a considerable number of warders may expect to have their services dispensed with. In that connection I think it is a fact that some warders with long service have not got the promotion that they were entitled to. I think we should have an assurance from the Minister that promotions in the prison service will have special reference to length of service, and that we will not have the state of affairs which we have had in other Departments of the Government service, namely, that a newcomer, with little experience and poor qualifications, is put over old servants who have given long and faithful service.

There is an institution in which I am particularly interested, because when I was in prison a warder told me that the conditions there were very difficult. I refer to the Borstal Institution in Clonmel. That seems to have been a kind of experiment in the beginning. I have not read the history of such institutions and I am not familiar with the idea on which they are based, but whatever the idea may have been, the fact is that they are really convict prisons, and boys who have no one to look after them are sent to such institutions as this, and treated exactly as convicts. I do not know if there has been any improvement lately, and I would like to know if there has been, but I know that some years ago the boys were only allowed to associate at meals, and were kept separate at other times. I think that the penalty of non-association with fellow-prisoners is one of the most severe things which a prisoner feels. For that reason steps have been taken in England and other countries to allow prisoners to associate at certain hours and to give them certain work in the workshops. In such prisons convicts work together in prison workshops.

In the Borstal Institution the prison authorities, according to the 1926 report, do not believe that the training for trades is helpful. We have the extraordinary situation that while industrial schools are training boys for certain trades the prison authorities tell us that they do not think that training for trades is useful. They say that when the boys, who come largely from Dublin, get out of prison they will not find employment. If that is true of prisons, it is also true of such institutions, and the whole system ought to be remodelled. They also say that what they regard best for a boy and his moral welfare is training in skilled farm work. What good such skilled farm work can do to a boy coming from the Dublin slums and having no liking for agriculture I fail to see. It seems to me that you are imposing on such a boy an environment and training with which he cannot sympathise. You are going against his grain at the very beginning. It is stated, of course, also that a certain amount of elementary education and training is given. Boys are trained to read and write and calculate. We have satisfactory assurances, satisfactory, I suppose, to the prison authorities, that these boys, no matter at what stage practically they enter a Borstal Institution, are trained to read, write and calculate before they leave prison. But when we inquire into it we find that the persons who instruct them are persons who have no training whatever in the giving of education. They are merely warders who are picked out, quite arbitrarily, because they have perhaps a slightly superior education to the ordinary class of warder. When we are told that this class of warder, called a clerk or schoolmaster, is entrusted with the education of those boys, we feel that it is not satisfactory and that something more ought to be done. It is a problem that is there, and the Government has had a certain amount of time to look into it. The Minister has told us that they were looking into it. I would like to know what has been done with regard to giving more association, not alone to those boys, but to the convicts generally, and making things easier for them. There is also the question of the circumstances under which those boys are discharged. I am not at all satisfied that even in the ordinary industrial schools that proper provision is made when boys are let out, to have them properly fixed up and put in suitable positions.

In these cases all the boys, whether they have their sentences expired or not, are released on licence. I take it, therefore, that the State takes a particular interest in them, and that when they have been released the State takes a certain responsibility in getting work for them. I would like if the Minister would see that something is done for those boys afterwards. There is not much use in saying that there are certain voluntary associations for looking after those boys. The State has a responsibility to them. The fact that they find themselves there is largely the result of the environment in which they were brought up, and at that age they are particularly vicious and particularly criminal if the tendency which is there is allowed to develop in that direction. If we could put the tendency in the other way and deal with them sympathetically we would be doing a great deal of good.

Is maith linn a chlos go bhfuil roinnt airgid sábhálta cheana as an bhóta so agus gur dóichighe go mbeidh a thuille laghduithe ann imbliana. Is maith san acht is do na riaghlacha agus do stáid na bpriosúnach a dhéanfaidh mé tagairt.

Ba mhian lion cur cíos ar an Borstal Institute acht tar éis a bhfuil ráidte ag Tomás O Deirg, Teachta, ní gá dhomsa aon nidh a rádh ina thaobh. Sé an duine féin is fearr a thuigeans cá luigheann an bhróg air. Agus má's fíor do'n sean-fhocal, ba chóir go dtuigfeadh cuid mhaith de na Teachtaí Dála cad is braighdeanas ann agus an gábhadh atá le scéim na gcarcar d'athrú agus do leasú.

Is mó Teachta ar dhá thaobh na Dála so a thug tréimhse ina chime. Dá bhrí sin, ní féidir a rá gur scéal dothuigse an scéal so na bpriosún. Ceaptar dúinn nach mór athrú a dhéanamh fé mar atá deunta i dtíortha eile. Ní h-ionann sin agus a rádh gur mian linn bheith ró-bhog leis an duine a dheineas coir ghránda, ná nach ceart dó pionós dá réir d'fhulaing. Tá taobh eile leis an scéal, amh. Tagann na cimí sin amach arís agus is imease an phobail a chaitheann siad an chuid is mó dá saoal.

Ní fuláir iad a chur i n-oiríúint an saoghal san a chaitheamh go maith, iad a threorú ar bhealach a leasa, na tréithe maithe atá ionnta — agus tá tréithe maithe éigin in gach duine daonna— d'oileamhaint agus d'fhea'bhsú.

B'fearrde sin an cime féin agus an pobal agus ba lughade an costas a bheadh ar an Stát, óir ní bheadh an oiread céadna díobh ó am go h-am. Do tuigeadh an méid sin i na lán tír agus do deineadh an scéim priosúntachta d'fheabhsú i Sasana féin. Is mithid agus is ró-mhithid an sceul a bhreithniú sa tSaorstát.

Ní mian liom mion-scrudú ná mionscagadh a dheúnamh anois. Acht deirim an méid seo, go mba chóir a aithint go bhfuil priosúnaigh polaitíochta ann, go mba mhaith an rud é cead a bheith ag dochtúirí no dligheadóirí ó'n dtaobh amuigh cuairt a thabhairt ar na priosiún ó am go h-am gan aon fhuláramh ná fógra a thabhairt do lucht stiúrtha na bpriosún. Sin dhá run a feudfaí a dheunamh ar an bpoinnte, an fhaid is táimíd ag feitheamh le leasú na scéime uile.

As one who had a little experience of prison treatment, I would like to compare the treatment given to political prisoners at the present time and that given to political prisoners in the pre-Truce period when some of the Ministers and Deputies on the opposite side enjoyed the pleasures of that period. It has been a standing complaint with me that the present Minister for Justice has not had any experience of the pleasures that were in store for prisoners in those days. I think that if he had such an experience, on one side or the other, that he would be a little more lenient towards political prisoners at the present time. I would suggest to him that he should consult Deputy Jasper Wolfe as to the treatment that the Deputy received when he was in our hands. It might help him to change his views in regard to the treatment that our boys are receiving at the present time. If he does that, I can guarantee to the Minister that if ever his turn comes he will receive as good treatment from us.

When I examine this estimate I find that the estimated cost of maintaining prisoners is put down at £13 2s. 0d. per head per annum. That works out at about 8½d. per day per prisoner. I notice that there has been a reduction of over £2,000 in this estimate in the last twelve months, that is comparing the year 1927-28 with 1928-29. That shows, as far as I can judge, that the conditions in the prisons have not improved, and are not likely to improve. They have not improved since the old happy days when the Minister for Finance and others used to get two bad potatoes and a piece of horseflesh. One would think that the memory of those days, when they used to wet their thumbs to gather up the crumbs, would lead them to be a little more generous in the food supply that they are giving at the present time. Speaking from my prison experience of a short time ago, I do not think that the treatment which prisoners are receiving at present, as regards food, is as good as the treatment given to political prisoners or prisoners under sentence in, say, the years 1918 or 1919. I remember the happy time when we used to be presented every morning with a chop. Deputy Hennessy remembers the same thing. I see him smiling over there.

That does not arise under the Estimate.

I would also like to say a word about prison libraries. I do not know if any money is being voted to provide some kind of a library for the prisoners.

Then the matter does not arise.

I would suggest that some money should be devoted to that purpose. The books that are in prison libraries at present are books that were sent in by Empire Associations or proselytising institutions in the days of British rule. I think the time has come now when some national literature should be provided that would lead the prisoners to know at least that they are living in Ireland and not in some English shire, and that the prisoners are not there for the purpose of being pauperised or souperised. There is another matter that I would like to refer to, and that is the association of political prisoners. I would remind the Minister that in 1926 there was a very determined attempt made to prevent those of us who were prisoners at the time from associating with one another. Meeting together was the only little amelioration that we enjoyed in those days. Also for a fortnight all letters, papers, books, etc., are stopped. I think that should not be done.

Is the Deputy speaking about present-day conditions?

I think that I can go back to the Appropriation Accounts for 1926-27.

The Deputy must confine himself to prison experiences in the year up to the 1st April next.

I did not happen to enjoy the hospitality of the Minister for Justice during the present year.

There is a good time coming, perhaps.

I hope it is not a pleasure that is in store for me.

You will find great improvements.

I am sorry I did not hear what the Minister said and I would be glad if he repeated the remark. As I said, I was sorry that Deputy Jasper Wolfe is not present. I wish that he would tell a little of his experiences when in our hands. It might lead the Minister for Justice to be a little more decent and generous in his treatment of our boys.

It would not be in order for the Deputy to refer to it at all.

I thought anything that would influence the heart of the Minister for Justice in this matter would help out. I am anxious that the Minister would at least give better food to the prisoners than is being done out of the enormous sum of 8½d. a day which is allowed for the feeding of each prisoner. I also urge on him to provide some national books in the libraries, instead of having in them as at present Empire Association books and books that are suitable only for proselytising institutions. If the Minister goes to the Cork prison and examines the library, he will see for himself the class of books in the library, and it would cause him to get the Evil Literature Bill through as quickly as possible. I wish to tell the Minister quite plainly I am afraid that I cannot guarantee him, if the occasion arose, anything like the decent treatment which Deputy Jasper Wolfe got when he was in our hands.

I am sorry I had not the opportunity of hearing Deputy Corry's account of his prison experiences in full. I am also very sorry that, in view of the ruling of the Chair, I cannot respond to his invitation that I should give an account of my prison experiences, but I can say that a characteristic of my prison experiences was that I never grumbled. I had no complaints when I got my gruel to eat; I took it like a man. I am very sorry to think that Deputy Corry did not in the brief period in which he was incarcerated a year or two ago take it in the same way. Deputy Corry complains, as I understand, that the association of prisoners nowadays is not as freely permitted as it was when other powers were in force. He has selected a concrete instance, that was the occasion of his own incarceration. I agree that that is a very wise and a very fair method of considering this question. He has selected an occasion that occurred a year or two ago. It is always a dangerous thing to talk if you are not fully sure of the facts. I, unfortunately, appeared for some of the Deputy's colleagues on that occasion. I put it to Deputy Corry that the sequel on that occasion was that the largest batch of those prisoners who were arrested — I exempt Deputy Corry who, I am sure, would thank nobody for anything— publicly thanked the prison authorities through their advocates, of whom I was one, for the treatment they received in jail. That is the case Deputy Corry alludes to. Those are the facts. It is on that case Deputy Corry bases all his arguments as to the treatment of the prisoners.

On a point of explanation, I do not think the facts Deputy Wolfe has put before us should be taken into consideration, as we all know what lawyers would do when they want to get a prisoner out.

We all know of the people who do not tell the strict truth and they are found out. On this particular occasion it became portion of my duty to visit some of the accused who were arrested on the same occasion as Deputy Corry was arrested. A more decent or more innocent lot of young men I never saw. I must say that as regards the courtesy I received from the prison authorities on that occasion nothing could equal it. As regards allowing one accused man to associate with another, I never saw that privilege more freely exercised than on the occasion when I visited the jail to see the accused to whom Deputy Corry alludes. To put it broadly, the occasion was more like a picnic or a smoking concert than like a consultation between three accused men and their advocate. Nothing could be more generous or more fair, and I am speaking very sincerely when I say that I thank the prison authorities heartily for their courtesy. The men were subsequently released, and I am sure they too appreciated the consideration shown to them by those in authority in the prison.

I wish to say this in advance to young men who sometimes get into trouble, that I do not think the way to get on the soft side of the Minister for Justice or the prison authorities is, when they do treat accused men fairly and generously, to have other people who pretend sympathy with the accused men and who have not real sympathy with them, such sympathy, for instance, as I and others in my profession must have with them, making untrue comments. That is not the proper way in which to recognise past favours. I can take this opportunity of thanking the prison authorities for the courtesy I received on that occasion and on other occasions since the present régime came into power. I must thank them for the facilities they afforded me as an advocate in meeting accused people. I met those people under conditions such as no reasonable man would object to. I could give you a great many more instances but I do not wish to take up the time of the House. I only select that particular occasion because it is the occasion which Deputy Corry himself selected, and which he wishes to rely on.

I want to bring under the notice of the Minister the circumstances of a prisoner in Portlaoighise Prison. This prisoner is alleged at the moment to be in a dying condition. He is an ex-National Army captain, and he was sentenced to penal servitude for life four years ago. I understand his relatives have made representations to the Minister for his release, or for some special treatment, on the grounds that he is in a dying condition, practically beyond recovery. He is certified, I understand, to be suffering from tuberculosis in an acute fashion. Perhaps the Minister or the prison authorities could see their way to release a prisoner certified to be in a dying condition. If the Medical Officer of the prison certifies the man to be dying, I think some special treatment ought to be meted out to a prisoner under such circumstances. I presume the Minister can get particulars of the individual to whom I am referring. I hope that something will be done for an individual so circumstanced, and that special instructions will be issued for the future treatment of prisoners who are certified by the Medical Officer of the prison to be in a dying condition. I have no information as to what the prison doctor thinks of this case. I believe the full facts ought to be in the hands of the Minister or the Prison Board. I hope some special treatment will be meted out to this man, some treatment other than the ordinary prison hospital treatment, because he is in a dying condition.

I would like to make some remarks with regard to visiting committees that are associated with the different prisons included in this Vote. Some time ago there was a matter referred to here, and it was pointed out that the personnel of these committees is composed exclusively of those who hold one particular political view. Those committees now act as a link between the general mass of the people and the prisoners undergoing punishment, for the purpose of ensuring that no harsh regulations or any action in excess of the regulations would become known and stopped.

Recently complaints were received concerning the ill-treatment of prisoners in Mountjoy. In the case of George Gilmore most alarming stories came out of the prison from time to time. Those of us unable to accept the denials received from the Minister when questions were asked here were anxious to get some other means of securing accurate information. The only other means that existed was through the medium of the visiting committees. In one particular case we asked Deputy P.S. Doyle, a member of the visiting committee from Mountjoy, to endeavour to find out for us exactly what the real situation was. Deputy Doyle and other members of the committee were naturally inclined to take the view of the prison authorities as against the report of the prisoner. When Deputy Doyle told us his information we came to the conclusion that the stories we had heard must be very largely invented. Since then Gilmore has been released, and we have found from him that the stories, although exaggerated in many parts, were in the main true, and that he was subject to very gross ill-treatment while a prisoner in Mountjoy. Of course, the Minister has repeatedly denied that, and I have no doubt he will persist in his denials even now. But if he is really anxious to see that proper conditions exist in the prisons, he could take advantage of the fact that such complaints were made in order to hold an inquiry.

Mrs. MacDermott's case has been referred to. She, also, is alleged to have been ill-treated. Deputy Dr. Ryan is prepared to vouch that after her temporary release he visited her in hospital, and he will bear personal witness to the bruises and other marks on her arms and head. Other prisoners have also been released lately, and the report is that though the normal treatment which they received is not unobjectionable from the point of violence, nevertheless there are periods when some particular bug appears to bite the prison authorities and they proceed to give a general chastisement all round to prisoners who they think have annoyed them. Such a bug appears to have paid the Mountjoy authorities a visit last February, because most of the complaints received from the prisoners centred in or about that period. The Minister mentioned that the Chairman and the Vice-Chairman of the Prisons Board are civil servants in his Department. That is a most objectionable system. The civil servants in the Minister's Department are directly under his control, and they hold their positions at the will and pleasure of the Executive Council. It would be more advisable if the Chairman and Vice-Chairman of the Prisons Board were not under the direct control of the Minister. They should be independent persons, not dependent for their livelihood upon the Minister's word as to the satisfactory nature of their services.

I would like, in conclusion, to stress the points made by one or two other speakers, particularly Deputy Little. I think that no case can be made out for treating prisoners who are decidedly and definitely political prisoners in the same class with criminals. If a man carries through the street a placard with the slogan "Up Red Russia" on it, the Minister may think it a treasonable offence and put that man in prison. But if that man is to be classed with blackmailers, thieves and pick-pockets it is going too far, and I would strongly press for the institution of regulations defining a separate class for political prisoners. It should not be impossible to define who are and who are not political prisoners. We know that a number of people who are arrested and charged with criminal offences have tried to get themselves described as political prisoners in order to get off and work other frauds when released from prison. But there are men who object to the Acts passed from time to time here, such as the Public Safety Act and other Acts. They are men who are in pursuit of certain political ideals, no matter how mistaken the Minister may think the ideals are. These men should not be forced under the same regulations as the ordinary prisoners. They should not be asked to associate with these prisoners. The Minister's own colleagues on the Executive Council will be able to tell him that the most objectionable part of that treatment is to be associated in prison with people who were very objectionable and who were put into prison for very obnoxious crimes. There are ordinary, honest, decent, quiet people, who could not in political matters see eye to eye with the Minister or the Government. These should not be asked to associate with the ordinary criminal. They could be given a status distinct from the ordinary criminal and they should not be compelled to associate with the ordinary criminal in the ordinary prison routine. There should be new regulations made in this matter and it would be a step in the right direction. It would help to alleviate some of the bitterness that some of the recent reports from the prisons would show to exist.

Before the Minister concludes, there are one or two points that I would like to bring before him. The practice has been, and is still in existence, as far as I am aware, where prisoners have been brought down to the court from Mountjoy for trial that they get their breakfasts early in the morning, between 7 and 8 o'clock, and from that time until they are brought back to Mountjoy in the evening, it may be 3, 4 or 5 o'clock, and sometimes even 6 or 7 o'clock, they get nothing else to eat. I would like to draw the attention of the Minister to that matter, and to ask him to make provision that such prisoners who have no friends in the City of Dublin to send in food to them, and who have no money with which to send out for food themselves, should receive some meal during the day while detained in the cells down in the Bridewell or the Central Criminal Court.

The other point I want to mention is in connection with the Bridewell itself. The usual practice is that when prisoners are arrested here in the city they are detained for the night in the Bridewell. Political prisoners are frequently detained longer. It has happened in my own particular case; I was detained for two and a half days in the Bridewell. Mountjoy, of course, is bad enough, but at least it is a clean place. The Bridewell, in my opinion, is a filthy hole, and prisoners should not be detained there longer than is absolutely necessary. There was a case which came to my notice last year. Two young ladies who were arrested and detained in the Bridewell were both released shortly afterwards, and no charge preferred against them. One of the young ladies contracted scurvy or some disease like the itch in the Bridewell, and it took her two months afterwards to get rid of it. I think that the Minister should make special arrangements that the Bridewell should be made into a fit place for the detention of prisoners.

There is another point, and that is the question of taking finger-prints. This has already been referred to by Deputy Little. There is a practice in existence of taking finger-prints of remand prisoners. I understand that in certain cases where, perhaps, finger-prints would be required there would be a necessity for taking them, but I do not think that there should be any general practice of taking the finger-prints of those who are on remand. That is specially so in the case of political prisoners. Prisoners who are brought in and afterwards released without conviction, have had their finger-prints and their photographs taken.

There is one matter that I wish to put before the Minister before he replies. I happen to be on the Visiting Committee in Portlaoghise Prison, and I must certainly say that the prison there is well run. We have heard no complaints there. There are a number of temporary warders there and they are anxious that their appointments should be made permanent. It would conduce to more efficiency in the staff if they were made permanent. There is a small amount of land with the prison at present, and there are 40 or 50 acres around the prison. I know that the Governor and the officers are very keen on getting more land. The prisoners themselves very much prefer to work on the land rather than to be employed in the workshops in which they are employed, and I believe that when the prisoners time would be expired they would be made into better citizens by having been employed on the land. I would be very glad if the Minister would see his way to take over certain lands outside the prison.

I am very glad to hear the endorsement by Deputy Aird of the views I put forward in my opening statement, that the acquisition of further land in Portlaoghise would be appreciated by all the prisoners, and would have a beneficial effect in reforming the prisoners. The whole question of the Prison Service is under review, and the question of these temporary warders will be taken into consideration. Deputy Little suggested that the temporary-warders were underpaid and not good warders; that they were a bad type of men; that the salaries should be increased and a better type of man brought into the service. I cannot agree with Deputy Little that these temporary warders are a bad type. They are the very opposite. They are a very fine type of men indeed.

Deputy Kerlin spoke about not giving the prisoners who are brought for trial from Mountjoy to the Central Criminal Court food during the middle of the day. I am not aware what the practice is, but I will have the matter inquired into. I think that the prisoners should have food when they are kept in the courts for along time. I will have inquiries made into the matter.

When Deputy Kerlin talks of people acquiring the itch or scurvy in the Bridewell, I cannot agree with him at all. I know that this Bridewell has got very up-to-date arrangements for cleansing and disinfecting, and certainly in the cases that the Deputy referred to I must say that I never saw a medical certificate to the effect that this ailment from which this lady suffered was caused by anything that happened in the Bridewell.

I now come to Deputy Lemass. I was rather a little disappointed in Deputy Lemass, because I have again and again explained here in this House what the prison regulations are, and I thought that Deputy Lemass would have been sufficiently interested in the prisoners and the cases of the prisoners to have listened to the explanations which I made. Prisoners who are convicted of sedition or who are convicted of seditious libel are always treated as Class 1 prisoners and receive treatment as such. They must. That is the statute. Prisoners convicted of sedition and seditious libel must be treated as Class 1.

took the Chair.

The Deputy proceeded to instance a case to-day. The matter he mentioned would at the utmost have been sedition. The Deputy talked, and other Deputies too, talked about the prison regulations for what they call political prisoners, and most of what was said seems to refer to the principle which is underlying the differentiation of people into political and non-political prisoners.

As far as sedition is concerned, I have already pointed out that our prison regulations have regard to it and make special provision for it. As far as other offences are concerned, I do not care what the motive is, if persons commit serious crime they must pay for their crime. If a man commits murder or robbery or acts of armed violence, it does not matter the slightest bit to the victim or to the community what was the motive which inspired his action. One of the cases which is claimed to be political was a case of ordinary, simple murder.

We heard again from Deputy Lemass these old stories about ill-treatment in Mountjoy. These stories were completely exploded. He mentioned that Deputy Dr. Ryan had seen marks on the lady. The lady never complained, and I do not believe she has ever complained to Deputy Dr. Ryan, that any more violence was used against her than was necessary. These ladies locked themselves into a room and the door had to be opened. They clung to the banisters and had to be brought to their cells. Never has one of these ladies, so far as I know, made a complaint that any undue violence was used towards them.

Is it not a fact that the prison officials were censured by the Prisons Board for allowing the convicts to attack the other prisoners?

No. The convicts were not allowed to attack the other prisoners.

They did.

They did not, I say with great respect. I come to two very interesting speeches which were delivered, that of Deputy Fahy and that of Deputy Derrig. As far as the Borstal institution is concerned, it is now being carried on in Clonmel, and everything that can be done to train and educate the young men committed there is being done. I will frankly admit that I do not think Clonmel was an ideal place in which to start the Borstal institution. The building is a disused prison in the town. I do not think it was a good place to start it, but it has been started there and is working. Deputies will understand that to purchase a rural place and build a new institution with the necessary surroundings would cost a great deal of money, and I do not think it is expenditure that we would be justified in undertaking at present. As I say, it would have been better if, when the expense was being incurred at the beginning, the institution had been established in rural surroundings and not in a town. However, as I say, very good work has been done in the institution.

Deputy Derrig dealt with a very large question, which would take us into the whole matter of industrial schools, as to whether the training of boys in these schools in trades is or is not always advisable. That is a matter upon which I could not express an opinion, and I think it is outside the scope of this Vote.

Deputy Fahy also referred to the after-care of prisoners when they left prison. We have an agent for discharged prisoners. The Deputy will see that there is a payment of £75 made to an agent for looking after discharged prisoners and getting them in touch with prisoners aid associations and associations of that kind.

It was suggested that the food in prisons was bad and that because the cost of maintenance was falling, therefore, the prisoners must be receiving worse treatment than before. The reason why the gross cost of maintenance, I think I made it clear, is less than it was, is because the prison population is less than it was. The prison population is steadily sinking, I am glad to say, and naturally the sinking of the prison population will mean a decrease in the gross cost of maintenance. In Portlaoighise some of the food consumed in the prison is produced there.

A question was also put by Deputy Davin as to a prisoner named Murray in Portlaoighise who is in a very precarious state of health. He was sentenced to death some years ago for wilful murder and his sentence was commuted to penal servitude for life. He is undoubtedly in a very precarious state of health, but what can be done to alleviate his present condition is being done and everything that can be done to alleviate it will be done. But it is not a case in which the man after this comparatively short period of time could be released, if that is what the Deputy means. I think I have dealt with all the points at issue.

Will the Minister refer to the necessity of taking finger-prints of prisoners?

It is allowed by the prison regulations. Under the prison regulations, which are made under the Penal Servitude Act of 1891, the finger-prints of untried prisoners can be taken and photographs can be made of them, if it is considered in the interests of justice.

Will the Minister undertake to go into the question of giving special treatment to prisoners certified to be suffering from incurable diseases, such as tuberculosis in an advanced state, as in this case?

Everything that can be done for a prisoner of that kind will be done, but you cannot lay down any general regulation. You must deal with every case on its own merits. What can be done for Murray is being done.

Is the Minister quite clear as to the question put by Deputy Ryan? The Minister gave an emphatic denial to the fact that other prisoners assaulted these ladies. I was interested in the matter, and I think I gave a frank, honest statement in connection with this matter to the House. Does the Minister deny that prisoners were employed to keep order owing to the fact that a sufficient number of wardresses were not present?

Surely the Deputy knows the facts, because he received a statement. He said he spoke very candidly to the House, but I could not agree. It was not alleged by the ladies that they were assaulted by prisoners, but they alleged that one or two of the female prisoners used a poker to break open the door of the cell in which they had improperly confined themselves. The ladies never alleged they were assaulted.

It was alleged by these ladies that the convicted prisoners were allowed out to assault them, and it was only by locking themselves in that they attempted to save themselves.

They have not made that allegation. It was Deputy Ryan started that hare.

I did not. The Minister said that I alleged no more violence was used than was necessary with Mrs. MacDermott, and that she never alleged it herself. She could not allege it herself because she was brought away in an ambulance from Mountjoy to Mercer's Hospital, where I saw her. I did not say it was the result of a beating. It was a few days after the hunger-strike that I saw her. She was suffering from black marks on her legs and arms. I ask the Minister did he think that that amount of violence was necessary to remove her to her cell because I saw she was not in a fit condition to tell me at the time I was speaking to her.

What the Deputy said on that occasion was that the marks on the lady were not inconsistent with unnecessary violence being used. If the Deputy will look at his remarks made when his memory was fresh on the matter, he will see from them that I am accurate.

I would be surprised to see it.

Question put.
The Committee divided: Tá, 70; Níl, 59.

  • Aird, William P.
  • Alton, Ernest Henry.
  • Anthony, Richard.
  • Beckett, James Walter.
  • Bennett, George Cecil.
  • Blythe, Ernest.
  • Bourke, Séamus A.
  • Brennan, Michael.
  • Brodrick, Seán.
  • Byrne, Alfred.
  • Byrne, John Joseph.
  • Carey, Edmund.
  • Coburn, James.
  • Cole, John James.
  • Collins-O'Driscoll, Mrs. Margt.
  • Conlon, Mártin.
  • Connolly, Michael P.
  • Cooper, Bryan Ricco.
  • Cosgrave, William T.
  • Henry, Mark.
  • Hogan, Patrick (Galway).
  • Holohan, Richard.
  • Jordan, Michael.
  • Keogh, Myles.
  • Law, Hugh Alexander.
  • Lynch, Finian.
  • Mathews, Arthur Patrick.
  • McDonogh, Martin.
  • McFadden, Michael Og.
  • McGilligan, Patrick.
  • Mongan, Joseph W.
  • Mulcahy, Richard.
  • Murphy, James E.
  • Myles, James Sproule.
  • Nally, Martin Michael.
  • Craig, Sir James.
  • Crowley, James.
  • Daly, John.
  • Davis, Michael.
  • De Loughrey, Peter.
  • Doherty, Eugene.
  • Dolan, James N.
  • Doyle, Peadar Seán.
  • Duggan, Edmund John.
  • Dwyer, James.
  • Egan, Barry M.
  • Esmonde, Osmond Thos. Grattan.
  • Fitzgerald, Desmond.
  • Fitzgerald-Kenney, James.
  • Gorey, Denis J.
  • Heffernan, Michael R.
  • Hennessy, Michael Joseph.
  • Hennessy, Thomas.
  • Hennigan, John.
  • Nolan, John Thomas.
  • O'Connor, Bartholomew.
  • O'Leary, Daniel.
  • O'Mahony, Dermot Gun.
  • O'Reilly, John J.
  • O'Sullivan, John Marcus.
  • Redmond, William Archer.
  • Reynolds, Patrick.
  • Rice, Vincent.
  • Roddy, Martin.
  • Shaw, Patrick W.
  • Sheehy, Timothy (West Cork).
  • Thrift, William Edward.
  • Tierney, Michael.
  • White, Vincent Joseph.
  • Wolfe, Jasper Travers.

Níl

  • Allen, Denis.
  • Boland, Gerald.
  • Boland, Patrick.
  • Bourke, Daniel.
  • Brady, Seán.
  • Briscoe, Robert.
  • Broderick, Henry.
  • Buckley, Daniel.
  • Carty, Frank.
  • Cassidy, Archie J.
  • Clery, Michael.
  • Colbert, James.
  • Cooney, Eamon.
  • Corkery, Dan.
  • Corish, Richard.
  • Corry, Martin John.
  • Crowley, Fred. Hugh.
  • Crowley, Tadhg.
  • Davin, William.
  • Derrig, Thomas.
  • De Valera, Eamon.
  • Doyle, Edward.
  • Fahy, Frank.
  • Flinn, Hugo.
  • Fogarty, Andrew.
  • French, Seán.
  • Gorry, Patrick J.
  • Goulding, John.
  • Holt, Samuel.
  • Houlihan, Patrick.
  • Jordan, Stephen.
  • Kennedy, Michael Joseph.
  • Kent, William R.
  • Kerlin, Frank.
  • Killane, James Joseph.
  • Killilea, Mark.
  • Kilroy, Michael.
  • Lemass, Seán F.
  • Little, Patrick John.
  • Maguire, Ben.
  • McEllistrim, Thomas.
  • MacEntee, Seán.
  • Moore, Séamus.
  • Mullins, Thomas.
  • Murphy, Timothy Joseph.
  • O'Connell, Thomas J.
  • O'Dowd, Patrick Joseph.
  • O'Kelly, Seán T.
  • O'Leary, William.
  • O'Reilly, Matthew.
  • O'Reilly, Thomas.
  • Powell, Thomas P.
  • Ryan, James.
  • Sexton, Martin.
  • Sheehy, Timothy (Tipp.).
  • Smith, Patrick.
  • Tubridy, John.
  • Walsh, Richard.
  • Ward, Francis C.
Tellers: Tá. Deputies Duggan and P.S.Doyle. Níl, Deputies G. Boland and Allen. Question declared carried.
The Dáil went out of Committee.

made an interruption from outside the Barrier.

Deputy Flinn is well aware that he ought not to interrupt from outside the Barrier — he is making a practice of doing so — or inside the Barrier either. The Deputy should conduct himself in some reasonable way.

That is a perfectly reasonable comment.

He ought not to interrupt from outside the Barrier. He has done so consistently and persistently and with the knowledge that he is doing wrong. He ought to have some kind of reasonable behaviour.

Progress ordered to be reported.

Progress reported; Committee to sit again on Wednesday.
Barr
Roinn