Vol. 459 No. 5
1 Mr. R. Burke asked the Tánaiste and Minister for Foreign Affairs if he will make representations to the British Government to have the Prevention of Terrorism Act scrapped in view of the recent court decision in the Gallagher case. [18325/95]
I am aware of the judgment in the case to which the Deputy refers, and I can assure him that it is being studied carefully. I understand that the matter will now revert to the British Court of Appeal which referred the case to the European Court of Justice in the first instance.
I have repeatedly emphasised to the British authorities the importance of a positive approach to the new situation created by the ceasefires. The Government's view is that this should include dismantling the emergency provisions as soon as possible, in line with the greatly improved security situation on the ground. Such a step would also serve to consolidate the peace and make a significant contribution to political progress.
As the Deputy will be aware, the Secretary of State for Northern Ireland announced some time ago that there is to be an independent review of the two emergency Acts — the Emergency Provisions Act and the Prevention of Terrorism Act — with a view to replacing these in due course. I note that the reviewer has not yet been named, although I understand that this is likely to happen shortly.
The Government will, of course, make its views on dismantling the emergency provisions known to the independent reviewer as soon as this can be arranged. In the meantime and in line with estabished practice, we expect that we will be asked to comment on the operation of the Prevention of Terrorism Act during 1995 when this is reviewed early in the New Year. We will reiterate our position that, in the present situation, serious consideration should be given to non-renewal of the Act next year, or at the very least that its more controversial provisions should be allowed to lapse.
Would the Minister not go further and agree that the emergency legislation should not be renewed in conditions of peace and that the exclusion orders knocked down by the courts in the Gallagher case — which are equivalent to a form of internal exile — do not belong in any democratic society and are more reminiscent of the Soviet Union, South Africa under apartheid and France before the revolution?
As I said in my reply I wish the Secretary of State would name the independent reviewer as quickly as possible so that that person can undertake a review of the emergency legislation. Second, it is very important to emphasise that anything that can be done by way of removing emergency legislation to consolidate the peace process, should be done and as quickly as possible. We moved very quickly in many respects in this State and we have been trying to convince our colleagues in the British Government to take steps that would be seen to buttress the peace process. The Deputy will be well aware of the many complaints I made on the implications of the Prevention of Terrorism Act. We will continue to discuss this with the British Government with a view to having it removed completely or at least not having its more offensive aspects renewed.
Does the Minister agree that Britian's derogation from the European Convention on Human Rights should be dropped and that there is no justification for powers of detention for seven days, if ever there was, as there certainly is no room for it at this stage in the peace process?
The Deputy is well aware of our views as we have made them known. Obviously we want everybody as signatories to the convention.
Is the Minister concerned at the growth of the judicial and prison regime under the present British Home Secretary, which a former eminent judge, Lord Donaldson, described as despotic? Will he make representations to the British authorities based on the following statement of Gareth Pierce's to the Forum: "We have a discriminatory system against Irish people in Britain where they are treated more punitively than others for the same offence, alleged or real."
Obviously, there are contacts between the Department of Justice and the Home Secretary at both official and ministerial level and our views have been made known. We have, in fact, taken the opportunity at meetings to discuss the conditions for Irish prisoners in Britain. We look forward to the transfer of prisoners facilitated by the convention on the transfer of prisoners. Of course we have emphasised to the British Government that we expect Irish citizens to be treated in the same fashion as all other citizens in the criminal and prison regime in Britain.
