asked the Minister for Justice if the Government have received a communication from the international executive of Amnesty International on the alleged ill-treatment of prisoners in Portlaoise Prison; and the action, if any, the Government propose to take in response to the communication.
Ceisteanna—Questions. Oral Answers. - Treatment of Prisoners.
5.
The interest of Amnesty International as expressed in a letter to me has been influenced by propaganda documents and statements issued by associates of the prisoners and in particular by a document attributed to Rev. P. Ó Dúill, all of which I have refuted publicly and at length in statements which set out accurately the facts relating to the regime in Portlaoise Prison. I have sent copies of these statements to Amnesty so that they may become aware of the true position.
It has already been announced that an independent inquiry into conditions in the prison will not be held.
The Minister will appreciate that, because of the standing of this international organisation and what they have done to vindicate fundamental civil rights throughout the world, it would seem to be appropriate that, under whatever circumstances an application was made, the Government should do everything possible to co-operate with Amnesty International to vindicate fundamental rights here and elsewhere.
I do not accept the implication that fundamental rights are being violated.
There is no implication.
Then the Deputy's phrasing was unhappy. Secondly, Amnesty International are, no doubt, a prestigious international organisation, but they can only rely for their information on what is sent to them from the countries concerned. It is quite clear from the letter they have sent to me that the information they have got on this matter has been in propaganda documents issued by associates of the prisoners and, in particular, by the reverend gentleman to whom I referred in my reply.
Would the Minister not think that an organisation of the standing of Amnesty, on which we have relied ourselves and which the Minister for Foreign Affairs supported on many occasions, would be unlikely to be influenced simply by propaganda? That is not to say the grounds for concern are proved; far from it. Is the Minister suggesting they have been influenced solely by propaganda?
It would appear from the letter I received that in fact that is what happened. To counterbalance the situation, as I said I have sent statements to this organisation which set out accurately the facts relating to the prison.
Has the Minister considered the implications of Article 40.4 of our Constitution which says that where a complaint is made to the High Court a High Court judge shall order an inquiry. That is not to imply the grounds for the complaint are proved. For the Government to respond to Amnesty does not imply what the Minister is saying, but merely proves the Government are very confident they can show at home and abroad that we are adhering to the rule of law and that we can set an example to other nations.
I do not equate the standing of our High Court under our Constitution with any international voluntary organisation, prestigious as it may be. The provision under the Article will only be exercised when the High Court are satisfied that a prima facie case has been established. I would be happy to think our High Court would not order any such inquiry until both sides are heard.
If an inquiry were ordered, even if the Minister and the Government are satisfied there are no grounds for it, surely they would comply with the order of the High Court and have an inquiry.
Of course any order of the High Court would be complied with. The point I am making, which the Deputy is losing sight of, is that Amnesty have been informed so far by propaganda statements issued by associates of the prisoners. I have endeavoured to set the record straight with Amnesty. That is the position.
Question No. 6.