Dáil Éireann díospóireacht -
Tuesday, 2 Jul 1996

Vol. 467 No. 7

Written Answers. - Released Subversive Prisoners.

Desmond J. O'Malley

Ceist:

257 Mr. O'Malley asked the Minister for Justice further to her reply to Parliamentary Question No. 32 of 19 June 1996, whether any of the 36 persons named by her therein have since been rearrested; whether any of these 36 persons are being sought by the Garda arising out of the murder of Detective Garda Jerry McCabe at Adare, County Limerick; whether any of these 36 persons are members of what is described as the North Munster unit of the provisional IRA; whether any of these 36 persons have been released on bail pending the hearing of an extradition application or their appeal against an extradition order; and whether any such persons have defaulted on the terms of their bail. [14012/96]

Liz O'Donnell

Ceist:

264 Ms O'Donnell asked the Minister for Justice the conditions, if any, attached to the release of the 36 subversive prisoners who were released during a nine month period as part of the phased release of prisoners in 1995; if so, if she will give details of the conditions and the way in which they were monitored; whether any of the conditions were breached by any released prisoner; whether any of these 36 persons is sought or has been arrested in connection with involvement in the murder of a garda in Adare, County Limerick; whether the whereabouts of each released prisoner is known to the Garda; and if she will make a statement on the matter. [14142/96]

Minister for Justice (Mrs. Owen)

I propose to take Questions Nos. 257 and 264 together.

The Government, using its power under section 33 of the Offences against the State Act, 1939 granted full early release to the thirty-six subversive prisoners concerned between January and November, 1995. The conditions of release in each case were that (i) the prisoner should keep the peace and be of good behaviour and (ii) would not, through publicity or otherwise, do anything which might cause annoyance or distress to any person or to the family or friends of any person who may have been affected by the offence or offences which led to imprisonment. Consideration of possible breaches of the conditions of release is a matter for my Department in consultation with the Garda Síochána and the law officers. One such possibility is being considered at present.

Two of the 36 prisoners in question were, on their release, re-arrested on foot of extradition warrants and subsequently granted bail pending the hearing of their appeals against extradition orders made in the District Court. One of those persons has not adhered to a condition of bail and appropriate follow-up action is being taken by the Garda Síochána.

It has not been the practice to indicate whether the whereabouts of any person is known or whether a person from any group of persons is a suspect in a Garda investigation or a member of any subversive group.