Vol. 377 No. 9
asked the Minister for Foreign Affairs if he will assist a bail application for Martina Shanahan; if a representative of his Department might act as a bailsperson in view of the exceptional circumstances in which this remand prisoner is held; and if he will make a statement on the matter.
21.
asked the Minister for Foreign Affairs the representations which have been made by the Irish Government to the British authorities with regard to the conditions under which Martina Shanahan is being held in Risley Remand Centre; the response which has been received to representations made; and if he will make a statement on the current conditions under which she is being detained.
22.
asked the Minister for Foreign Affairs if he will make a report on the attempts by the Irish Embassy in London to secure an improvement in the prison conditions of Martina Shanahan at Risley Remand Centre following their recent visit to the prison.
I propose to take Questions Nos. 14, 21 and 22 together.
The embassy in London visited Miss Shanahan and brought to the attention of the Home Office the matters she asked to be raised concerning her conditions of detention. It would appear that there has been some improvement in her conditions. The embassy have recently visited Miss Shanahan a second time and have, as a result, raised further matters concerning her conditions of detention. The embassy will be actively following up these matters.
With regard to Miss Shanahan's bail application, it is not the practice of my Department to act as bailperson.
Is the Minister concerned that, in the absence of any real evidence against her, Martina Shanahan is already six months on remand and according to her solicitor will most likely remain on remand until next September at the earliest, that while she has been tried and convicted by sections of the British media, she is 23 hours a day in solitary confinment and is regularly denied even her one hour's exercise, that all this could have a most detrimental effect on her mental and physical state and will militate against her getting a fair trial? In view of all that, does he not agree that her bail application offers her the only real hope of preparing adequately to defend herself at her trial? Is there not anything he or his Department can do to assist with that bail application, which will be coming up on 29 February and which is so vital if she is not to remain in the harsh and inhuman condition of solitary confinment for perhaps another year?
The Irish Embassy in London have taken a particular interest in Miss Shanahan's case and in the case of her colleagues. An official has been assigned full time to ensure that Miss Shanahan gets proper treatment. She is very appreciative of this attention and for the improvements she has been granted by the British authorities, improvements to which she was entitled and which we secured for her. The question of acting as bailsperson is another matter. Up to now we have not done this and we would be creating a very dangerous precedent if the State were to offer itself as a bailsperson. All we can do is what has already been done most effectively, that is, to detail an official in the embassy to take a particular interest in a case, to regularly visit the people concerned and to see that they get the rights to which they are entitled. Some people were not getting their basic prison rights until the embassy intervened.
The Minister referred to two sets of representations. On what date was the most recent representation made on behalf of Martina Shanahan and what was the nature of those representations? Is the Minister aware that while there was some easing of her prison conditions following initial representations, during the last three weeks, conditions have reverted to the way they were previously? Is the Minister also aware, as Deputy Gregory said, that Miss Shanahan is now 23 hours a day in solitary confinement, and, some days, 24 hours a day when she is deprived of her exercise rights? Will the Minister agree that that is unacceptable?
I agree that any treatment of that kind is unacceptable. However, in case we are getting our lines crossed, I should like to say that there was a specific visit from the official of the embassy, who has been assigned a particular role in this respect, to Miss Shanahan on 3 February. At that meeting some of the matters raised by Deputy Shatter were mentioned by Miss Shanahan and are being pursued by the Irish Embassy with the British authorities.
I have a letter dated 8 February and, on the basis of the information in it, I ask the Minister to make additional representations in this matter. I am aware that Deputy Shatter and others interested in the case may have a copy of this letter, which is from a brother of Martina Shanahan, in which he quite clearly states that conditions have deteriorated further. For instance, the concession she had to watch television has been withdrawn and on some occasions her daily exercise is stopped. On the basis of her human rights, I ask the Minister to make additional representations on her behalf as it now looks as if this girl will spend one year in solitary confinement before she is brought to trial. According to the information I received from her solicitor, Gareth Pierce, the trial will not take place until September when, because of her state of mind, she will not be able to defend herself.
The last visit from the embassy official, Mr. O'Reilly, was on 3 February and there was a previous visit on 3 December when these matters were raised which are now being taken up with the British authorities. I agree that this case requires constant attention because it appears that, on the slightest pretext, privileges are withdrawn. At the minimum, Miss Shanahan should be subject to ordinary prison regulations. I will take this matter up immediately with the embassy and find out what has happened since the visit on 3 February.
Miss Shanahan wrote to me from Risley Remand Centre and I should like to confirm what other Deputies have said, that after the initial visit there was an improvement in her conditions but that the situation has deteriorated rapidly in recent weeks. Miss Shanahan's concern, at this stage, is to know what response the Irish Embassy received to its representations to the Home Office. Was there any acknowledgment by the Home Office that she was receiving treatment which went beyond the level normally given to a woman prisoner in Britain?
Miss Shanahan acknowledged that she was very pleased to get the second visit from the embassy official. She said she had been well looked after as a result of a previous visit by the embassy official but that matters had now deteriorated. We are currently taking up this matter with the British authorities so that she will be accorded her rights, to which she is entitled. In case there is any suggestion of neglect, I want to assure the House that there are very good relations between the embassy and Miss Shanahan and she is very appreciative of their efforts.
There is across-the-board concern in this House in regard to the conditions under which this woman is being held in prison. Will the Minister agree that the 23 hour per day solitary confinement would be oppressive even for a sentenced prisoner, let alone a person who is simply on remand and who has not been tried?
Yes, she is not getting the minimum exercise required under the regulations.
The Minister has agreed that Miss Shanahan's conditions in prison are unacceptable. I believe she is the only woman prisoner suffering these inhuman conditions. Will the Minister agree that this is a unique case and, in the circumstances, will he reconsider the decision in regard to supporting her bail application when it comes before the courts?
That is a separate matter which raises many implications. We will follow the humanitarian path as best we can but the question of the Department of Foreign Affairs being open to bail or making decisions on bail applications raises all sorts of issues which represent obvious dangers.
Will the Minister agree that when an Irish national is brought before the courts in England for allegedly being involved in an offence which results in him or her being kept in these type of prison conditions, the judicial process should take place as rapidly as possible? It is unacceptable that someone should be held in this way even for six months — let alone a year — and I ask the Minister to consider making representations to the British authorities with a view to expediting her trial. He should also protest at the length of time it is taking to process this matter to the stage of a trial. I suggest that in this jurisdiction it would not normally be tolerated that someone was so held in prison for what appears to be a projected period of at least one year prior to their case coming to trial.
I will certainly take the matter up on that basis as it is a legitimate ground on which to make representations to the British authorities.
