Dáil Éireann díospóireacht -
Thursday, 3 Dec 1998

Vol. 497 No. 7

Adjournment Debate. - Detention of Prisoner.

Mr. Gregory

I wish to raise the case of Josephine Hayden, formerly general secretary of Republican Sinn Féin and now a prisoner in Limerick Prison.

In January 1996, Josephine Hayden and five men were jailed for possessing a sawn-off shotgun, a revolver and some ammunition. The court heard that the revolver was not capable of being fired. Josephine was a front-seat passenger in a van carrying six people. She had no previous convictions, but was sentenced to six years' imprisonment.

Before her imprisonment she had no apparent health problems. On 30 May last year, in prison, she suffered a heart attack. The ambulance taking her to hospital was delayed for approximately 20 minutes until an armed escort could be summoned. Limerick Regional Hospital has not accepted responsibility for the decision to return her to prison after seven days. In July of 1997 and March of this year, she was again in hospital with angina.

The journalist who wrote about her case in the Sunday Business Post on 29 November 1998, and who visited her in Limerick, described Limerick Prison as a place straight from the pages of Charles Dickens—

C-Wing, where Josephine is held on the third floor, was closed for 17 years at one stage, before being re-opened for women prisoners. The prison governor said on Radio Limerick that conditions there are "the worst we have".

A Council of Europe report published in 1994 said that conditions there were "a cause of particular concern to the delegation. A cell of five square metres is scarcely adequate as a living area for one person". The wing is frequently over-crowded, with prisoners being held two to a cell: on Thursday 29 October there were 15 prisoners in 11 cells (one cell is unusable, because of a fire).

The journalist described conditions there as follows:

Sanitary and hygiene conditions are poor: at night, prisoners must keep chamber-pots in their cells. There are only two showers, one of which malfunctions. There is a sluice (into which the chamber-pots are emptied) beside the showers, and no air-conditioning. One of the two toilets is in bad condition..

The room in which the women are served their food also contains a partitioned-off toilet in the corner. .In this room the dishes are also washed. It contains the washing machine which the prisoners use for their clothes and it is used for recreation..

The cells are damp. Natural light isn't adequate, so artificial light is needed all the time. Many panes in the windows are broken, and must be stuffed with toilet paper. The exercise yard is the size of a large room, about 15 — 20 paces long, and surrounded by twelve-foot high steel walls..

Alan Kavanagh of the Prison Officers' Association is quoted by the Limerick Leader as calling for C-wing to be closed. It is supposedly due to be closed next year and replaced by a new wing.

These conditions must pose a threat to the health of a frail 52 year old woman with a recurring heart condition. I believe there is a strong case to release her on compassionate grounds.

Josephine Hayden has been led to understand that she would be released were she to support the British-Irish Agreement, or if the Continuity IRA were on ceasefire. Josephine Hayden is not a member of the Continuity IRA and, as the journalist pointed out, this organisation has not caused a single death in nearly 12 years of existence. For nearly a year it has been on effective cessation.

Members of the Government and the Minister's party have an excellent record of visiting Irish prisoners in British prisons, expressing concern and seeking the release of prisoners such as Róisín McAliskey. One could contrast this case with the Róisín McAliskey case. I do not have time to do so here, a Leas-Cheann Comhairle, but I am asking the Minister, at the very least, to consider the release of this woman for Christmas parole. There is an overwhelming case, based on her general health and heart condition, the unsatisfactory prison conditions where she is held, and the reality that she poses no threat to this State, that she should be granted a conditional release on compassionate grounds.

I could contrast her case against that of others who are being released, but I will not. There is no need. I ask the Minister to consider what I have had to say on behalf of Josephine Hayden and review her case before Christmas.

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

Josephine Hayden was sentenced to six years' imprisonment for the possession of firearms in suspicious circumstances by the Special Criminal Court in January 1996 and is not due for release, with remission, until July 2000.

It would not be appropriate for me to comment in detail on Ms Hayden's medical condition. I can assure the House, however, that she receives any appropriate medical attention she requires within the prison, and attends specialist clinics in outside hospitals, as appropriate, to have her condition monitored.

There has been no recent change in her medical condition and I have been assured by the director of the Prison Medical Service that there is no medical reason why she cannot continue to be held in prison. The medical officer visits the female prison daily and psychiatric and psychological treatment is provided to all prisoners as required.

The governor of Limerick Prison offered Ms Hayden a transfer from her third-floor cell to a lower level when she was discharged from Limerick Regional Hospital last year. Ms Hayden declined this offer, saying that she was quite happy where she was. The food servery, chapel, recreation hall and laundry facilities are located on the third floor.

In common with the other inmates, Ms Hayden has daily access to outdoor recreation. She has received special attention since her arrival in Limerick, in particular since she has suffered her illness. Her diet receives special attention, she receives special telephone calls for family reasons, and has visiting facilities with her partner.

While it is true that the women's section of Limerick Prison is an old building, it is wrong to suggest or imply that any individual female prisoner's health is endangered by conditions at the prison. It is maintained in a clean and hygienic condition. In addition, a comprehensive range of medical, psychiatric and psychological services are available to prisoners as required.

It is policy to have single cell occupancy only, but increased numbers from time to time necessitate doubling up. Occasionally prisoners seek to double up to avoid being lonely, especially if they are in prison for the first time. Ms Hayden is, however, accommodated in a single cell.

There are two showers for ten to 12 prisoners. This ratio of prisoners to showers is above the norm and should be more than sufficient to provide for the number in question. Education is provided in two rooms, a domestic science room and a general purpose room which contains computer equipment. There is also a fully heated room with a television and video. There is a sub-library supplied from the main library and prisoners can also order reading material from the main library or from Limerick city library.

I recognise, however, that the present accommodation is not adequate and plans to provide replacement accommodation are at an advanced stage. This new facility will be self-contained and will, in so far as is feasible, be separated from the male prison. The new facility will have the following features: single cell accommodation with attention to prisoner safety features, integral sanitation in all cells, medical surgery, visiting facilities, shower facilities, a full range of education, work training and physical education facilities and indoor and outdoor recreation. The new accommodation will meet with current statutory regulations in respect of hygiene, health and safety, including fire safety.

This new facility is envisaged as a short to medium term solution for accommodating females at Limerick Prison, pending development plans for a new purpose built unit on the prison site to be constructed when financial resources permit. I am satisfied that Ms Hayden is receiving all appropriate medical care and attention in Limerick Prison and that there are no medical or compassionate grounds to warrant her release at this stage.

Deputy Gregory asked if it would be possible for me to consider Christmas parole for Ms Hayden. I have received many representations from Members, including Deputy Gregory, in connection with Ms Hayden. I also received representations from Deputy Conor Lenihan who is present for this debate. I will consider Ms Hayden, along with all other prisoners, for Christmas parole in due course. I will give the matter careful consideration and take into account the representations by Members of the House and Deputy Gregory's comments in this debate.

The Dáil adjourned at 5.30 p.m. until 2.30 p.m. on Tuesday, 8 December 1998.