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Dáil Éireann díospóireacht -
Wednesday, 13 Oct 1999

Vol. 509 No. 2

Adjournment Debate. - Prison Assault.

(Mayo): People were appalled and shocked to hear on the news headlines this morning of the savage attack on a nun in the course of her chaplaincy duties at Wheatfield Prison. The immediate reaction is: how could this happen? Here we have a nun, obviously on a mission of compassion, in one of the State's high security prisons viciously assaulted in the course of her humanitarian work. While anybody can appreciate that there is never a guarantee that a spontaneous attack cannot occur at times in unlikely circumstances, in the circumstances in which this attack occurred it was not improbable. The criminal track record of the individual who made the attack pointed clearly to him being an extremely dangerous individual who had absolutely no remorse for his previous serious crimes.

There was, therefore, every possibility that given the right circumstances he would strike again. The individual in question was sentenced in 1987 to 20 years in prison, which was the longest jail sentence for rape in the history of the State. The man was convicted of dragging a young woman onto waste ground near Dublin city centre and viciously raping her. The offence took place while the accused was on temporary release from prison. He had earlier managed to abscond from the care of a probation officer. In 1989 the same individual was given a concurrent ten year prison sentence for attempted murder. In June 1989 he was given an eight year concurrent sentence for the rape of a fellow prisoner in Arbour Hill two years previously.

The next question is how, given the man's criminal pedigree, could an assault of this nature be allowed to happen? The prison system is unique in that it has the most favourable staff-prisoner ratio in the world. There is one prison officer to every prisoner. There are very strict guidelines for prison visits by professional personnel with offenders sentenced for violent crimes. Such visits are supposed to be supervised by prison officers, the arrangement being within sight but out of earshot. However, in this case this guideline was seemingly not observed.

It is reported that the nun was in the cell with the prisoner on her own. Can the Minister confirm this? Likewise, can the Minister confirm whether the cell door was closed? Can he confirm how proximate was the prison officer who was assigned to supervise this visit at the time the attack took place? I would also like to know the detail of the attack, how physical was it and what injuries, if any, were inflicted on the victim?

What must be a major cause of concern is that the prisoner was in possession of a knife. Can the Minister confirm whether the prisoner's cell was searched in advance and, if not, why not? A well-known high risk prisoner, a convicted double rapist and an attempted murderer, was able to come into possession of a knife in the segregation unit of a so-called high security prison. Has the Minister established how the security lapse occurred, how the individual came into possession of the knife and has the knife been recovered?

It is obvious that there is a real security issue at Wheatfield and, indeed, several other prisons. Drugs are smuggled in on a daily basis. If drugs can be smuggled in, knives and guns can be smuggled in also. To an extent, it was sheer luck that there was not a fatality in this case. There should be no need for a prolonged inquiry. It should be possible to establish the facts quickly and to take decisive action to ensure that there is no recurrence.

The very disturbing incident to which the Deputy refers is currently the subject of two investigations, an internal investigation by the governor of Wheatfield place of detention and a Garda investigation. The principal focus of both investigations is the alleged assault on a member of the chaplaincy service. I am of course very seriously concerned that an incident of this nature could occur. I have been briefed personally on the matter by the director general of the prison service who is responsible for all operational issues in relation to places of custody. He is also maintaining close contact with the governor of Wheatfield place of detention. I understand he has also had discussions with the head chaplain to the prison service about the matter.

As the two investigations in question, both on behalf of the prisons board and the Garda, are ongoing, I am sure the Deputy will understand that it would be inappropriate for me to comment in great detail at this stage. However, I can tell the House the following. I am informed by the prison service that on Wednesday, 6 October, at approximately 2.45 p.m. the governor of Wheatfield was notified that a complaint had been made by a chaplain alleging an assault by a prisoner in the segregation unit. The governor immediately spoke to the chaplain to ascertain the facts. It appears that the chaplain had visited a prisoner's cell earlier that morning and she indicated that she had been threatened by that prisoner with a blade attached to a toothbrush. The governor immediately initiated an investigation and interviewed the staff on duty. A blade was subsequently recovered from the area during a follow-up search. The matter was duly referred to the Garda for investigation.

I would strongly advise the House that we should avoid getting into detail at this time about the background of the individual who allegedly committed this assault and avoid the temptation to demonise, as this could subsequently be deemed sufficiently prejudicial to taint the whole process. It is, of course, manifestly right and proper that this House should have the opportunity of discussing and expressing its grave concern about incidents of this kind and that it should do so at the first available opportunity. However, I am sure Deputies will have no difficulty in agreeing that the last thing we, as responsible parliamentarians, should do is to render the whole process of investigation virtually worthless in terms of its outcome, as a result of comments which are later adjudged to have been prejudicial.

The chaplain concerned was recently assigned to the prison service and, while not a member of the Wheatfield chaplaincy service, she regularly assists her colleagues there and has visited this prisoner on a number of occasions. The work of the chaplaincy service involves extensive counselling of offenders, not just in spiritual matters but in everyday human activity, helping them to cope with personal and family traumas, helping some of them to deal with suicidal tendencies and helping them to adapt to prison life. I wish to put on record my appreciation for the continuous support they have provided to the prison service and individual prisoners over the years, sometimes in very trying circumstances.

I have asked the director general of the prison service to keep me informed of any further developments. As I have already indicated, the chaplaincy service contributes enormously to the effective operation of the prison service in its principal function of helping prisoners to cope with prison life. If, at the end of the two investigations I have referred to, any issue should emerge that clearly needs to be addressed, the director general and local prison management will have my full support in putting in place measures so identified. Clearly all of us are anxious to avoid, in so far as this is humanly possible, a situation whereby the safety of any person working in the prison system, in whatever capacity, is put at risk.

It is timely to point out that, whether in opposition or in government, I have tried to uphold the right of every individual to a fair trial. The job of the courts is to decide whether people are guilty or innocent. Procedures have been put in place, which have stood the test of time, whereby a decision is made as to whether a charge should be brought against an individual. I do not believe it is in the interests of fairness or justice that any body should seek to identify the alleged attacker and presume that, because of a record he or she might have had, the individual is guilty. Nobody has been charged in this matter, let alone convicted. No individual may be convicted by this House. Only the courts can do that. The position is quite clear. That is the position under the 1937 Constitution, and that position will remain in the interests of the proper functioning of our democracy.

The Dáil adjourned at 9.38 p.m. until 10.30 a.m. on Thursday, 14 October 1999.

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