Vol. 480 No. 6
32 Mr. G. Mitchell asked the Minister for Foreign Affairs if his attention has been drawn to British plans to transfer republican prisoners from British to Irish prisons in the near future; and if he will make a statement on the matter. [14859/97]
I assume the Deputy is referring to the transfer of republican prisoners in Britain to this jurisdiction under the terms of the European Convention on the Transfer of Sentenced Persons, ratified by both Britain and Ireland.
I have pursued the question of the transfer of republican prisoners within the framework of the Anglo-Irish Intergovernmental Conference both on humanitarian grounds and as a confidence-building measure which would underpin the peace process in Northern Ireland. The Government has consistently supported the principle that, wherever possible, prisoners should be permitted to serve their sentences close to their families. This view has been made clear to the British authorities. We have repeatedly made clear that we stand ready to receive republican prisoners transferred under the provisions of the convention. Since the convention came into force for Ireland on 1 November 1995 six republican prisoners have been transferred to this jurisdiction. There are at present 21 convicted republican prisoners serving sentences in British prisons. I am informed that to date 20 of them have made transfer applications.
The Transfer of Sentenced Persons Act, 1995, gives effect to the provisions of the European Convention in this jurisdiction. It prescribes the steps that must be followed to enable a person serving a prison sentence in another jurisdiction to transfer here lawfully to complete the remainder of the sentence. The Deputy will be aware that implementation of the Act is a responsibility of my colleague, the Minister for Justice, Equality and Law Reform.
Transfers from Britain to this jurisdiction require the consent of the person concerned, the Home Office in Britain and the Minister for Justice, Equality and Law Reform. Each case is considered separately. Applications for transfer are first considered by the British Home Office and then forwarded to the Minister for Justice, Equality and Law Reform. The processing of the applications inevitably takes some time. However, I can assure the Deputy that every effort is being made by the Minister for Justice, Equality and Law Reform to expedite the consideration of applications once they are received in this jurisdiction.
I am informed that the applications which 20 republican prisoners have made are at different stages in the procedure set out in the Act. I am further informed that, in the case of three republican prisoners currently serving sentences in Britain, only the decision of the Home Secretary is now outstanding and it is expected shortly. I am hopeful that a number of other transfers at present under consideration will take place soon.
I can assure the Deputy that the Government will continue the expeditious processing of these applications and those made by other republican prisoners in Britain.
Does the Minister agree that the transfer of both loyalist and republican prisoners should be taken into account as part of the confidence-building exercise? In regard to loyalist prisoners I understand the real problem arises through their transfer to Northern Ireland on a temporary basis only. Is the Minister concerned about that aspect because of its implications for parole? The Minister mentioned that 20 republican prisoners are seeking transfer to this jurisdiction. I understand that four have served over 20 years of a life sentence but they cannot be considered for transfer until their tariff has been set by the British Home Secretary. Has the Minister raised the question of setting that tariff? I understand it was to have taken place before the end of last December.
The Minister stated that as part of the process of transferring a prisoner to this jurisdiction consent is necessary from the Irish authorities, among others. Is he satisfied that such consent has been forthcoming in all cases?
With regard to the transfer of the loyalist prisoners, we have consistently supported the principle that, wherever possible, prisoners should be permitted to serve their sentences as close to their families as possible, both on humanitarian grounds and as a confidence building measure. I would strongly support any request by loyalist prisoners to be transferred to Northern Ireland if they so wish. In this context I welcome the announcement last week by the Secretary of State for Northern Ireland that two loyalist prisoners are to be transferred at their request, one from Scotland to Northern Ireland and the other from England to Scotland.
The question of the temporary nature of the transfers affects both loyalists and republicans. I am conscious of the disadvantages which have been associated with temporary transfers to Northern Ireland, including the uncertainties they impose on prisoners and their families. I have raised these within the framework of the Anglo-Irish Intergovernmental Conference. I understand that as and from 1 October 1997, the British authorities will introduce new regulations on transfers under the Crime Sentences Act, 1997. From that date the prisoners on restricted transfer will become the responsibility of the Northern Ireland prison service and will be on the same footing as those convicted in Northern Ireland for all purposes except final release. Issues to do with their final release will remain with the Home Secretary. I welcome this development which I hope will significantly improve the situation of the persons affected. It will give them certainty and should also allow for greater parole and movement.
I have raised the question of the tariff and I understand it is being settled shortly. It arises in connection with the cases to which I referred which are coming before the British Home Secretary.
With regard the issue of consent from the Irish authorities, my colleague, the Minister for Justice, is co-operating in every way in an attempt to speed up the 20 of the 21 transfer requests that have been made.
The Minister did not answer one part of my question.
I am calling Deputy Deasy.
If the Deputy comes back to me I will answer it.
Is it not the case that since the change of Government in Britain, the conditions under which Irish republican prisoners are kept has improved considerably and that they have been taken out of the special secure units, which probably contravene international human rights conventions? Does the Minister agree that the British Government should be congratulated on the steps it has taken to facilitate the transfer of Irish republican prisoners to this country and to Northern Ireland? I am advised that if the mechanisms are in place there will be no undue delay.
In visiting these prisons and prisoners in England, the Council of Europe Subcommittee on Human Rights has considerably helped matters. Under the regime which existed, 15 of the 23 prisoners who were held in special secure units were Irish republican prisoners out of a total prison population of 62,000. This was vindictive and was directed from a high political level in the previous British Government.
I welcome the British decision of 18 August to reclassify a number of republican prisoners as high rather than exceptional risk. This has meant most have been moved out of special secure units and can now receive the type of open visits for which we pressed.
I have recently received a number of reports, which give rise to concern, regarding the conditions in which a number of prisoners are held. On foot of these, I instructed the Embassy in London to visit Belmarsh, Full Sutton and Whitemoor prisons last week, and to undertake a further series of consular visits to all republican prisoners in the next few weeks. I have ensured the concerns of the prisoners and their families are brought to the attention of the British authorities. Because of the Deputy's ongoing interest, I will keep him informed of the outcome of these visits.
I asked the Minister whether he was satisfied the consent of the Irish authorities has been forthcoming in all cases, but he did not answer my question.
I understand the only Irish prisoner still classified as exceptional high risk category A is Danny McNamee, who has never been a member of any paramilitary organisation according to the Dublin Peace and Justice Group. The Minister said he had asked the London Embassy to raise Danny McNamee's status with the Home Office in London with a view to addressing the concerns raised by this group. Has the Minister received a reply to his representations concerning Mr. McNamee and what is the current state of play?
I already answered the question on consent, stating that the Minister for Justice has co-operated fully with all requests. If the Deputy has a question about a specific prisoner or on any aspect of consent, he should put it to the Minister for Justice.
As regards Danny McNamee, I will get the most up to date information for the Deputy and send it to him in writing.
(Dublin West): The most up to date information concerning Danny McNamee is that he was transferred on 10 June to a prison in Northern Ireland for a period of six months. Will the Minister make the strongest representations that this transfer be made permanent and that Mr. McNamee be given word of that immediately? The uncertainty is causing great stress to his family.
Danny McNamee is a victim of a serious miscarriage of justice. Will the Minister make the strongest representations to the British Government that his appeal be expedited?
The question of the insecurity felt by many prisoners transferred from British to Northern Irish jails will be sorted out as and from tomorrow by the new regulations being introduced. Under these, prisoners will be transferred under the auspices of the Northern Ireland Prisons Authority.
I will communicate with the Deputy on the McNamee case as I will with Deputy Mitchell.
