asked the Minister for Justice if in view of a reply of 9th March last he has investigated the statement appearing on 11th March from Mr. Murtagh Kearney, Drumdowney, Waterford that he had been handcuffed to another County Wexford farmer, Mr. Jimmy Power, and that they had been brought to Limerick Jail locked together; and what action he intends to take in the matter.
Ceisteanna—Questions. Oral Answers. - Handcuffing of Farmers.
126.
When prisoners are being taken by car to prison, it is common practice for the Garda to handcuff them while in the car, in order to ensure their safe custody. I have looked into the circumstances of this particular case and I find that this occurred in the case of the persons referred to. The handcuffs were, however, removed in the car on arrival at the prison.
When a committal order is served, responsibility rests on the Garda to see that it is executed by the lodgment of the person in question in prison and they are obliged to take all reasonable steps towards that end.
I am satisfied that on this occasion the Garda acted in the proper and reasonable discharge of their duty.
Is the Minister aware that he informed this House on 7th March that according to the information he had, no member of the NFA was handcuffed on this particular occasion and that much publicity had been made out of it by the NFA but that it was untrue and that they had not been handcuffed on that occasion?
If the Deputy read the Dáil Report on what I said on that occasion, he would find I made it quite plain in my reply that I was referring to an incident involving two prisoners entering Limerick Jail who appeared in photographs and who had been apprehended in respect of a criminal offence and considerable publicity was made of that by the President of the NFA and other members. I pointed out, in reference to that particular photograph, that it related to two prisoners who were not members of the NFA but who were there for detention under conviction by the courts in respect of ordinary criminal offences and that the people so photographed had no relationship whatever with the NFA. I was at pains to point that out in my reply on that occasion. This is a separate matter. In this case these two individuals, as is common practice, were handcuffed in the back of the car and, on arriving at Limerick Prison, the handcuffs were removed and they walked into the prison without them.
(Cavan): Is the Minister saying it is common practice and ordinary procedure to handcuff persons who are being brought from a court to one of the prisons, unless there are special or unusual circumstances in the case?
The Deputy will appreciate, in a matter of this kind, one must leave it to the discretion of the Garda to make an appraisal of the situation as to whether or not prisoners should or should not be handcuffed.
(Cavan): I would suggest to the Minister it is in fact very unusual to handcuff prisoners unless the prisoners make it appear they are going to attempt to escape or to give trouble.
There was an apprehension in that respect in regard to this particular incident.
(Cavan): Was there any such evidence in this case?
Yes, indeed.
These men claim they were handcuffed and, when they were leaving the car, they held up their hands on their way into the jail to show the people who were there.
I do not accept that.