asked the Minister for Justice if his attention has been drawn to an article in a Sunday newspaper (details supplied) concerning the treatment of a prisoner in Mountjoy Prison; and if he will make a statement regarding the truth of the allegations.
Ceisteanna—Questions. Oral Answers. - Treatment of Prisoner.
10.
It is not normal practice to give information about the affairs of individual prisoners but, in view of the widespread publicity given to allegations about the conditions under which this prisoner is being held in custody, I consider that I ought to say that the allegations are a serious distortion of the facts and that I ought to provide a commentary on the individual allegations in the form of a statement which, with the permission of the Ceann Comhairle, I propose to circulate with the Official Report.
Why can the Minister not read it out?
I will.
I think it would be better.
Following is the statement:
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Allegation |
Comment |
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(1) “...is incarcerated in a basement in Mountjoy Prison for 24 hours a day, seven days a week”; |
(1) He is in custody in an area which is above ground level, the cells having access to fresh air and natural light. The facilities available there are the same as for other prisoners. |
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(2) “...has not breathed fresh air since he went to jail on Easter Sunday 1976”“He is locked up for 23 hours out of 24. The other hour is his exercise period and this takes place in the corridor outside his cell”. |
(2) He has access to fresh air and he may take outdoor exercise during the following times: |
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Monday to Friday: |
2.30 p.m. — 4.00 p.m. |
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Saturday: |
10.15 a.m. — 12.15 p.m. |
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2.30 p.m. — 4.00 p.m. |
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(except when there is a film show). |
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Sunday: |
10.15 a.m. — 12.15 p.m. |
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2.30 p.m. — 4.00 p.m. |
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The prisoner consistently refuses to avail himself of outdoor exercise. He has taken it on no more than about ten occasions in the past 12 months. He may leave his cell for indoor recreation in one of two recreation rooms where he may watch colour television, play table games and so on at the following times: |
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Monday to Friday: |
5.30 p.m. — 7.30 p.m. |
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Saturday: |
2.00 p.m. — 4.00 p.m. |
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5.30 p.m. — 8.00 p.m. |
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Sunday: |
2.00 p.m. — 4.00 p.m. |
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5.30 p.m. — 7.30 p.m. |
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(3) “...applied to do an educational course but nothing has happened”. |
(3) He is given tuition twice a week to help him in his private studies of English and Geography. |
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(4) “After a long struggle with the authorities we got permission for him to have a radio in his basement cell but he can only get Radio Eireann”. |
(4) Two days after his committal on remand he was allowed to have a radio in his cell and he has had it since. He is allowed a radio which can receive on the long and medium waves. |
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(5) “He is not allowed books”. |
(5) He has access to a library stocked and renewed from the Dublin City Library Service. He may exchange books required and may keep two in his cell at any one time. If he requested a particular book it would be obtained for him if it were available in the Dublin City Library. |
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(6) “We order Sunday papers for him but they have to be vetted by the warders before he sees them and he isn't allowed any Ulster papers”. |
(6) Like any other prisoner he may buy, through the prison “shop”, any newspapers and so on. Which are available on general sale. They are not specially vetted before being given to him. |
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(7) “He can get only one letter in and one letter out each week and each one is censored”. |
(7) As with all prisoners he may write two letters a week and may receive all incoming mail. All mail for prisoners is censored. |
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(8) “He gets only one hour visit a week and during that time we can't touch each other. He can't even hug his own children. A warder sits with us all the time taking down what we say”. |
(8) The visiting conditions are the same for all prisoners in the “closed” institutions. The official time allowed for visits is a ½ hour per week. Touching is not permitted for security reasons. The visits are supervised in the sight and hearing of a Prison Officer who does not take down what is said. |
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(9) “We can't even give him Christmas or birthday presents”. |
(9) Prisoners are not allowed to accept parcels. They may, however, purchase a range of goods from the prison “shop”. Visitors may lodge money to a prisoner's credit for such purchases. |
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(10) Making leather purses. |
(10) The prisoner works in a comfortable work-room on leather items. for industry and good conduct he earns a gratuity of £2.10 per week which is standard for all prisoners who work. He pays the cost of materials for items he makes and is allowed to give them to his visitors. |
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(11) “Twice a day he is stripped naked and searched”. |
(11) All prisoners in this area of the prison are, for security reasons, strip-searched once per day. |
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(12) “He also says that unlike the relatives of IRA prisoners only his visitors are searched and only they are refused permission to smoke during the visiting hours”. |
(12) His visitors are treated in the same way as visitors to Portlaoise Prison. No prisoners or visitors in any of the closed prisons are allowed smoke during visits. |
It is evident that this dramatic statement and the dramatic headlines in the Sunday papers are entirely at variance with the——
A question Deputy.
——regulations in the prison.
Has the Deputy a question to ask?
I have a few, actually. Would the Minister agree that while those headlines may be conducive to the sale of this paper they constitute a very grave injustice to the governor and the management of the prison and to the visiting committee of which I am a member? I abhor such glaring headlines for the sake of publicity.
A question.
Would the Minister agree that the correspondents of those papers should exercise more care before they print such interviews and should have ensured the truth of all the allegations which they have made which are at variance with the exact position?
It is unfortunate that such a report could have been believed to have been a true and accurate account of how that prisoner was treated in Mountjoy Prison, and could incite people to take action of one sort or another that could cause a loss of innocent life.
Would the Minister agree that it would be correct for me to place on the record that the treatment accorded to all prisoners is in compliance with all reasonable requests and that due regard is always given to the observance of the law and that this prisoner in common with every other prisoner in Mountjoy had the right at all times to go before the visiting committee and air his grievances? Will the Minister also agree that the committee have at all times forwarded any grievances and made suggestions as to the improvement of conditions where necessary.
I agree wholeheartedly with what the Deputy says, that the prisoner together with any other prisoner who has grievances can voice their grievances through the recognised channels. Our prison system now, in the past, and I suppose in the future will be constantly under attack from certain sections who wish to knock it for one reason or another.
I agree that the raising of this question and the provision of an opportunity to answer it has been a useful service. There are two points in the Minister's reply on which I would like to press him further. One point relates to the availability of newspapers and the right to purchase them in the prison shop. Are Ulster papers available there? Secondly, can the radio, as distinct from having certain wavelengths, receive from Northern Ireland? I understand there could be a difficulty about that in view of the location of a prisoner in the prison. These two things have been left outstanding by the Minister's otherwise very comprehensive reply.
I am thankful to Deputy Belton for giving me an opportunity to put on the record the situation as it genuinely is because of the many allegations that have been made for perhaps political reasons in other parts. With regard to the type of reception the radio has, I am assured that it has long and medium wave and that it is receiving on the long and medium waves. I am assured that it would receive BBC stations Nos. 1, 2 and 3. With the change in frequencies that is going on at present I cannot say what the situation is there. I can have it checked out but the Deputy will appreciate that it is not possible from a security aspect to allow a short wave radio into any prison. I know the Deputy did not suggest that. With regard to the availability of newspapers from Northern Ireland I have no information as to whether or not newspapers from Northern Ireland are available. I will inquire into that. If they can be supplied and if the prisoners want local newspapers we will try our best to get them.
I thank the Minister very much for his reply. It is worth inquiring into the latter point because in this House it has proved impossible to get Northern newspapers for periods as long as seven weeks. If that is the case in Dáil Éireann, what the case is in Mountjoy Prison I would hate to think.
Would the Minister agree that if this prisoner or any other prisoner had a grievance the proper place for him to air it was before the visiting committee so as to have his grievance conveyed to the Department to be dealt with?
It is fair to say that the prison administration, the visiting committee, the staff and everybody else have bent over backwards to see that this prisoner is treated fairly, honestly and humanely.
I compliment the Minister on the way in which he is handling this case and I acknowledge the interest he and other Members of the Government are taking in it.
A question.
There are a couple of points in the Minister's statement with which I disagree, although I accept most of what the Minister said.
That is not a question.
Having regard to the adverse publicity in the papers to the prison system, why did the Minister have to wait until Deputy Belton put down a question to make a statement on it? Would the Minister accept that out of frustration more than anything else the wife of the young man gave this report to the press under pressure from pressmen? I have been requested by a number of people on the other side of the Border to interest myself in this case and I have with the consent of the Minister and the courtesy of the prison——
A question, Deputy.
——been allowed to speak to the prisoner.
That is not a question.
Will the Minister allow a Deputy from this side of the House to see the facilities of this young man in Mountjoy Prison? My information on that point is different from the Minister's although I acknowledge that 90 per cent of what the Minister says is correct.
I am sorry that Deputy Harte has thrown a doubt over what I have said which was seemingly accepted by the person who put down the question, and by the leader of the Fine Gael Party. The situation is as I have spelt out clearly without any motivation except a pure interest in putting the facts on the table.
I do not want to disagree with the Minister, but prison officers tell me differently.
Deputy Harte visited this prison and spoke to the prisoner. I gathered that the prisoner did not make any allegations of the type Deputy Harte is now making.
Requests, I did not say he made allegations.
Or requests. There is no doubt in any mind that in reply to the Deputy's letter to me, a copy of which was sent back to him, and others, because more than the Deputy were in touch with me in this matter, it was made quite clear to the prisoner that if he wanted any periodicals or educational books we would order them for him from the Dublin Vocational Educational Committee through their library system. Further, it might as well be known now that this prisoner was allowed to leave the prison to attend a family bereavement some time ago as well.
He came back again; he honoured his word.
Question No. 11.
Put that on the record.
It is not necessary, we are talking about a person who is in prison.