Dáil Éireann díospóireacht -
Tuesday, 7 Feb 1984

Vol. 347 No. 9

Adjournment Debate. - Trial of Irish Priest.

Mr. N. Andrews

I wish to share some of my time with my colleague, Deputy Treacy. It is significant that it is the Minister for Defence who is present to deal with this matter, but I am sure he will deal with it in the impartial and bipartisan way in which I hope the whole issue in the Philippines will be treated in the House. I thank the Chair for allowing me to raise the matter.

In raising the question of delays which have already prolonged the trial of Fr. O'Brien and the agony of Fr. Gore and his co-defendants, I do so in an effort to express solidarity with the people not only of the Philippines but of the Third World, Latin America, Africa, Asia and the oppressed people of the world who are at the mercy of the multinationals and the transnationals. As one of the 26 richest nations in the world we have an obligation to express our solidarity with Fr. Niall O'Brien, who symbolises everything that came from Vatican II and Pope John XXIII, the compassion and feeling for humanity that our missionary fathers, lay workers and voluntary organisations in the Third World have had over the years. Fr. O'Brien is a son of Vatican II. He is an Irish priest who has done great credit to an awareness and education of the true nature of the oppression of the multinationals and the people who exploit the people of the Philippines, Central America, Latin America, the Caribbean and elsewhere.

I do not have to tell the House what the case is about. In a report in The Irish Times it is stated:

For the last ten years Father O'Brien has devoted himself to human rights issues in the province of Negros, land of sugar plantations, where pitiful wages are paid to the sugar-cane cutters, malnutrition is widespread, unions are suppressed and popular discontent is checked by brutal military forces renowned for their murder tactics.

The Catholic Church of the Philippines has strongly backed these priests, who claim they are being persecuted for carrying out their Christian duty in building "basic christian communities", encouraging people to stand up for their rights and for preaching a very practical Gospel concerned with issues of social justice.

What is happening to these missionaries is happening to hundreds of thousands of victims of oppression around the world. Fr. O'Brien has caught the imagination — it is not the first time that a missionary priest of the calibre of Fr. O'Brien has caught the imagination — of the Irish people. Death and destruction is an everyday thing for people like him. Oppression, murder and exploitation in the interest of the multinationals and transnationals are commonplace and an everyday occurrence.

Along with all the Irish people I applaud Fr. O'Brien for the action he has taken. I raised this question before by way of a motion on the Order Paper seeking solidarity with the oppressed and minority people in the Philippines to whom Fr. O'Brien and other Columban Fathers and missionaries have been ministering. Unfortunately it was not taken in the House for good and practical reasons at the time. Consequently I am delighted to have this opportunity to express what I believe is the unanimous view of the House that a travesty of justice, just one out of the many thousands which are occurring around the world day and night, has been highlighted. It has caught the imagination and compassion of all Members. The country at last understands what is happening in these areas.

The Philippines is ruled by an absolute dictator. The masses are exploited in the interests of a small and select oligarchy. The Philippines has the dubious honour of containing the biggest army base in the world in Scuba Bay and is financed and supported by the United States. There is child prostitution there on a scale never before seen in a Third World country. There is virtually slavery there and daily murder is rampant by the so-called security forces. President Marcos has already got dictatorial powers and with the stroke of a pen and on the urging of his paymasters in Washington he could address himself to the problems, remove the injustices and exploitations and ensure the evil forces which prevail there are brought to justice.

The Philippines are a major recipient of western aid and it is within our power to influence President Marcos to bring about an end to the fraudulent trial of Fr. O'Brien, Fr. Gore and the other co-defendants. I am heartened to learn that Seán MacBride and Senior Counsel Dermot Kinlen are to attend the trial for the International Commission of Jurists and also that the most admirable of Third World organisations, Action From Ireland, which operates from the heart of the city in community care and concern for the Third World, are being asked to attend at no small expense to their personal welfare and health and to the voluntary groups sponsoring them. Frankly I do not think the House can be satisfied with the response from the Government. In Australia the Foreign Minister has offered to go to the Philippines and deal with the situation there. All the indications are that the Australians are taking the matter far more seriously than we are. The idea of us sending a First Secretary from the Embassy in Canberra is, to say the least, ludicrous in view of the seriousness and delicacy of the situation. What should happen is that the Minister for Foreign Affairs should go either to the Philippines to meet his counterpart there and make urgent representations to him or alternatively he should go to Washington and make the necessary representations there.

The reaction I have had from people I have spoken to is one of concern and admiration for what Fr. O'Brien and the Columban Fathers have done. I suggest to the Minister that the Minister for Foreign Affairs or the Minister of State should attend in the Philippines to do the duty that would be expected of them in the circumstances. I am glad that the Oireachtas Joint Committee on Co-operation with Developing Countries passed a unanimous vote of solidarity with Fr. O'Brien and the victims of the brutality, murder and violence that is occurring in the Third World.

The purpose in raising this is not to cause division or acrimony but rather to express the views of the Members of the House and the Irish people, views which would express solidarity with Fr. O'Brien, what he symbolises and represents. Our reaction, I regret to say, is not the type of reaction we would expect in view of our tradition of supporting our missionary people at home and abroad. I suggest, belatedly as the Government came to take the issue seriously — perhaps for very good reasons they did not wish to cause any unnecessary trouble — at least they are half way there. I urge the Minister to request either the Minister for Foreign Affairs or his Minister of State to visit the Philippines to attend the trial. The trial has been postponed and will continue to be postponed until the international press begin to lose interest in it. Last week I attended a Council of Europe meeting at Strasbourg. There was much discussion and a great deal of interest expressed about this very important issue at the committees of political affairs. The issue is not confined merely to Washington, to the Philippines and to Ireland. It has caught the imagination of the developed world.

Mr. N. Treacy

I thank you, a Leas-Cheann Comhairle, for affording me the opportunity of speaking on this very important international issue and I wish to thank Deputy Andrews also for allowing me to use some of his time.

I wish to place on the record of the House the history of the situation in the Philippines in so far as this current issue is concerned. Father O'Brien was ordained a Columban priest in 1963 and went to serve in the Philippines in 1964. He has followed in the footsteps of all those illustrious Christian missionaries of all denominations and from both parts of this island. He has made a major contribution in this field. He has worked with an island people in Negros, a people who have been exploited and oppressed by a corrupt system. The state, the military, the judicial and the financial systems are totally corrupt in that part of the world. Along with his colleagues, Father Brian Gore and Father Vicente Dingan who is a Philippino priest as well as a host of other Church workers, Father O'Brien has been the champion of these people.

On 22 February 1982 Father O'Brien left Negros island to attend a Christian conference in Manila. The conference was convened by the Superior General and the regional director of the Columban fathers, Father Nicholas Murray, who is a personal friend of mine. Father O'Brien spent a month at a special course which was convened in Manila after the conference and he was then admitted to hospital there for medical treatment. He returned to the island of Negros on 22 April. Therefore, he was away from the island for two months. During that time and prior to then, the mayor of the local town who was a friend of Father O'Brien and also of Father Gore and who, by standards in the Philippines was a good man but who, in terms of ordinary international humane standards would be a bad man.

A situation known as salvaging had developed in the Philippines whereby people were taken out of their homes at night and not heard of again. This had happened on two occasions. In one instance two people were taken away and in the other the number taken away was seven. There is a special organisation which comprises the Church, the military and the people and of which the Bishop, with the Commander-General of the military forces is the co-chairman. The organisation is a voluntary one. After the seven people had been taken away a public meeting was convened and it was the unanimous decision of that meeting that whoever was responsible for these people's lives would be brought to justice. The Bishop and the Commander-General of the forces, as a symbol of solidarity and of their total unanimity about bringing those responsible to justice, shook hands before the crowd. A special investigation was then carried out and following on that the mayor of the town was under suspicion, was summoned and brought before the courts. Obviously cases in the Philippines are conducted over a long time. This man was to be convicted but one night after a court hearing, that was 12 March 1982, this man with his driver and security men were ambushed by guerrillas and killed. An illegal organisation known as the New People's Army claimed responsibility for the killings. At that time Father O'Brien was attending a conference in Manila and did not return to the island until 22 April. Obviously, therefore, he could not have had hand, act or part in that situation.

Father O'Brien and his colleagues have been educating the people there as to their rights and how their situation might be improved. The priests have helped them to improve their lot by developing and cultivating the land for themselves instead of continuing to work for a very meagre subsistence for the millionaire sugar cane farmers. These millionaire people, by the use of the corrupt system and of the entire military and state system brought about a situation whereby the priests were to be charged with the murder of the mayor and his colleagues. There was a bail hearing which continued for 35 days and which was attended on two days only by the Consul-General for Ireland in the Philippines who is a Philippino and also a millionaire restaurant owner. His connection with this country is that he is married to a very nice woman from County Kerry. It is because of that that he holds the honorary title of Consul-General for Ireland in the Philippines. He is one of the two people representing this country at the trial. During the bail trial the judge was taken ill and took 30 day's leave of absence but came back unexpectedly during that time and reached an unorthodox and unrealistic decision whereby he offered bail to the Philippino priest and to the six Philippino Church workers but would not offer bail either to Father O'Brien or to Father Gore. The Philippino priest and the workers could not accept this standard of justice and turned down the bail. Consequently, the three priests and the six workers remained in jail. This case has been going on since 1982 and Father O'Brien and the other people have been in jail since.

In the past six months various efforts have been made by the Columban Fathers, by the Irish community in the Philippines and by many other people to pressure our Government into ensuring that a fair trial would be available to Father O'Brien by way of our Government being represented properly in Manila. The situation is that we are sending in the First Secretary of the Irish Embassy in Canberra and also the Philippino restaurant owner to whom I have referred to observe the trial, but in a system so corrupt as that which prevails under President Marcos this type of representation is completely inadequate. That is why I am appealing to the Minister this evening to have either our Minister for Foreign Affairs or our Attorney General or Chief State Solicitor attend the trial to ensure that at least there are present people who understand the legal system and that the Government are in a position to have a full report of the trial. We must ensure that a priest who is one of the finest Irishmen of our time is given a fair trial and that justice will prevail for all concerned.

The court this morning was adjourned because the millionaire sugar cane farmers thronged the court, some issuing death threats to the priests. This has been objected to by the solicitor for the prosecution but has not been accepted in the court. That is the type of justice that prevails there.

I was accused here last week of playing politics with the situation but I have personal family connections with the Columban Fathers and I have personal friends in the Philippines so I know the situation firsthand. I am not playing politics with this very serious matter but I am appealing to the Government to take immediate action and to do as I have outlined. The Australian Government are sending their Foreign Minister to the trial and they have suspended an offer of a £100-million loan to the Philippines until this case has been dealt with. The Australian Government and all the state agencies are united in endeavouring to ensure that justice will be done in the case of Father Gore. I am appealing to the Minister for Defence, on behalf of all the Irish people, to ensure that our Government are represented by their more senior people at the trial so as to ensure a fair trial for this great Irishman and his colleagues whether their trial takes place next week or in the next 30 to 40 weeks.

Minister for Defence (Mr. Cooney)

The Government share the concern of Deputies opposite which led them to seek an Adjournment debate on this important and tragic issue. It would not be appropriate for me to comment on the facts and I do not propose to follow Deputy Treacy in his narrative except to say that the accuracy of his narrative is not entirely 100 per cent.

I wish to use this opportunity principally to assure the House that the Government have been concerned for some time about this matter and are keeping it under close and continual review. The Government have taken various steps from time to time, steps which they consider appropriate having regard to all the ramifications of this issue and they are satisfied that the steps they have taken are the appropriate ones. I would respectfully suggest to Deputies opposite that in a matter such as this the Government, with their resources of advice from people experienced in the diplomatic world both here and abroad, are in a better position to make a value judgment on the appropriate action to be taken.

The Government are satisfied that the representation which we have arranged to attend the trial in an observer capacity is appropriate and proper. For the information of the House, I wish to state that in addition to the observers from the Government there will be observers from many other interested parties: the International Commission of Jurists, the Law Asia Society, the Philippine Bar Association, the Australian Government, the Australian hierarchy, not to speak of the Irish and Australian media. Deputies can be satisfied there will be a strong, independent presence at the trial.

It is our judgment that it would be inappropriate for our official representation to be other than at the level arranged and that is our view at this moment. To correct something that has been said from the other side, I wish to state that the Australian Foreign Minister, with whom my colleague has been in contact, said publicly last weekend that it would not be appropriate for him to go to the area while the trial was in progress.

Mr. N. Treacy

On a point of order.

Mr. Cooney

It is not a point of order.

Mr. N. Treacy

Is not the Australian Foreign Minister visiting the Philippines next week?

Mr. Cooney

I am just saying what he said last weekend, that it would not be appropriate for him to go to the area while the trial was in progress. The level of representation we have arranged is what we consider to be the appropriate level. I have to say to the other side that not all the suggestions made about what should be done are necessarily helpful. They are not designed to be unhelpful but they are perhaps unwittingly, unhelpful. The proposal by Deputy Andrews that a third country should be asked to intervene might not be at all helpful at this time because such an action, implicitly and explicitly, could be seen as an attempt by this country to impinge, through the involvement of a third country, the judicial and legal processes of the Philippines and this might prove detrimental to the interests of Father O'Brien. Let us remember that in this matter what we are concerned to do is to serve the interests of Father O'Brien in the best way we can. We are not in the business of scoring political points.

Mr. N. Andrews

That is right.

Mr. Cooney

Hopefully we are not in the business of scoring political points here nor are we in the business of scoring political points off other Governments. We are in the business of ensuring that Father O'Brien's interests are best protected.

Mr. N. Andrews

And what he symbolises.

Mr. Cooney

In a radio interview this afternoon, when the question of a third country intervention was raised with him, Father O'Brien said "It is a very powerful lever but it could work the other way. I will explain that. It could work the other way because obviously you cannot touch the pride of a country. People have their legitimate national pride so there must never be the appearance of pressurising in such a way so as to interfere with the internal workings of another country." Father O'Brien's feelings on the scene are that it would be inappropriate and possibly unhelpful to call in aid, if that were possible diplomatically, the intervention of a third country. I have to reject Deputy Andrews' suggestion in that regard. I cannot comment on the case as it is in progress and for that reason I cannot follow or correct in detail Deputy Treacy's narrative.

Mr. N. Treacy

If the Minister has other facts we would like to hear them.

Mr. Cooney

It is disappointing the trial has been postponed because of over-crowding. We are anxious to see the drama brought to a speedy and happy end. We understand that the judge and the defence and prosecution lawyers have agreed to petition the Supreme Court to have the trial transferred to the provincial capital. There is optimism that the trial can recommence next week and then proceed at a pace faster than is normal for trials in the Philippine system.

I would remind the House what my colleague said here last week, that the Columban Fathers, who are in a position to know what is being done by way of assistance and to understand its efficacy, have indicated publicly and privately to him and to his Department their appreciation of what has and is being done. Their regional superior, to whom Deputy Treacy referred, and the superior general have expressed their gratitude at what the Government are doing.

I want to assure the House that the Government share the deep concern expressed here by the Deputies opposite, a deep concern that is felt nationally. Because we share that concern we will continue to do everything that in our judgment is the most appropriate to do in ease of Father O'Brien's situation. I have to ask the Deputies opposite to appreciate that in a delicate matter such as this, in an issue taking place many thousands of miles away, in a jurisdiction the procedures of which would be strange to us and with overtones that are diplomatically delicate, they will have to accept that the monitoring of this situation is something that can be done best by the Government using their sources of information and expertise. I can assure the Deputies, the House and the country that the Government, using all these sources and all their resources, will continue to do everything they consider to be in the best interests of Father O' Brien.

I thank the Deputies for raising the matter and giving me an opportunity to reiterate the Government's position and concern. I have to apologise for my colleague, the Minister for Foreign Affairs, who is abroad on official business.

Mr. N. Treacy

The Minister said the Government are accepting the advice of people in the diplomatic world. I should like to tell the Minister and the House that the advice we are getting from the Irish community in the Philippines is that unless there is contact on a person-to-person basis with the Marcos Government there can be no hope of progress. I should like to know what communication on a personal level this Government have had with any member of the Marcos Government or indeed with President Marcos himself.

Mr. Cooney

The Minister for Foreign Affairs was in touch with the Minister of Foreign Affairs of the Philippines. They met at the United Nations and they have been in correspondence since then.

The Dáil adjourned at 9 p.m. until 10.30 on Wednesday, 8 February, 1984.