8 January 1997 Edition
O'Caoláin opposes Transfer Bill
The Transfer of Sentenced Prisoners (Amendment) Bill was passed in Leinster House on 17 December, the day before the parliament broke for Christmas.
It means that the Irish authorities are now committed to implementing in full the savage sentences imposed on prisoners in England.
Speaking in the debate Sinn Féin TD Caoimhghín O Caoláin said:
``In the Convention on the Transfer of Sentenced Prisoners the very First Principle states: `The Parties undertake to afford each other the widest measure of co-operation in respect of the transfer of sentenced persons in acccordance with the provisions of this Convention.'
``It is clear to me that if the British government had given the `widest measure of co- operation' to the Irish government then this Bill would not be before us here today.
``It must be stressed that this is not a legal issue but a political issue. Under the unamended Act there was no legal or technical impediment to the repatriation of all Irish political and other prisoners in England, whatever the length of their sentences. It was the British government's determination to extract the full measure of retribution in the imposition of savagely long sentences on Irish republicans that has led to this legislation.
``The Irish Commission for Prisoners Overseas has rightly pointed out that the issue of the integrity of sentences is ultimately a political and/or administrative one and should be addressed in that manner, that is `by political persuasion and administrative flexibility'.
``It must be questioned as to what amount of political persuasion was applied by the representatives of this government on their British government counterparts in this matter. I am certain that in this, as in their treatment of Irish prisoners always, the British authorities have shown no administrative flexibility whatsoever.
``This legislation is being rushed through in the very last days before this House adjourns for Christmas. It is couched in general terms and the possible future very serious implications for both political and non-political prisoners have not, in my view, been fully explored. It is unclear to me the full implications of this bill for the right of this State to grant early releases or amnesties. The issue of remission of sentence is also open to doubt.
``By passing this bill today this House is granting to an external power effective control over the prison term applying to a section of the projected prison population in this State. Thus this Bill is flawed in two fundamental respects.
It is legally unnecessary to achieve the purpose for which it was intended - that is the repatriation of Irish republican prisoners.
It is framed in a general and sweeping way which could have unknown implications that would be open to future legal challenge.
``While I acknowledge the goodwill of the Irish Government in attempting to facilitate repatriation and alleviate the plight of prisoners' familes, I believe that the Government should go back to the drawing board on this Bill. It should negotiate special arrangements with the British government so that the right of the Irish government to release prisoners held in its own prisons is unimpeded.''
It means that the Irish authorities are now committed to implementing in full the savage sentences imposed on prisoners in England.
Speaking in the debate Sinn Féin TD Caoimhghín O Caoláin said:
``In the Convention on the Transfer of Sentenced Prisoners the very First Principle states: `The Parties undertake to afford each other the widest measure of co-operation in respect of the transfer of sentenced persons in acccordance with the provisions of this Convention.'
``It is clear to me that if the British government had given the `widest measure of co- operation' to the Irish government then this Bill would not be before us here today.
``It must be stressed that this is not a legal issue but a political issue. Under the unamended Act there was no legal or technical impediment to the repatriation of all Irish political and other prisoners in England, whatever the length of their sentences. It was the British government's determination to extract the full measure of retribution in the imposition of savagely long sentences on Irish republicans that has led to this legislation.
``The Irish Commission for Prisoners Overseas has rightly pointed out that the issue of the integrity of sentences is ultimately a political and/or administrative one and should be addressed in that manner, that is `by political persuasion and administrative flexibility'.
``It must be questioned as to what amount of political persuasion was applied by the representatives of this government on their British government counterparts in this matter. I am certain that in this, as in their treatment of Irish prisoners always, the British authorities have shown no administrative flexibility whatsoever.
``This legislation is being rushed through in the very last days before this House adjourns for Christmas. It is couched in general terms and the possible future very serious implications for both political and non-political prisoners have not, in my view, been fully explored. It is unclear to me the full implications of this bill for the right of this State to grant early releases or amnesties. The issue of remission of sentence is also open to doubt.
``By passing this bill today this House is granting to an external power effective control over the prison term applying to a section of the projected prison population in this State. Thus this Bill is flawed in two fundamental respects.
It is legally unnecessary to achieve the purpose for which it was intended - that is the repatriation of Irish republican prisoners.
It is framed in a general and sweeping way which could have unknown implications that would be open to future legal challenge.
``While I acknowledge the goodwill of the Irish Government in attempting to facilitate repatriation and alleviate the plight of prisoners' familes, I believe that the Government should go back to the drawing board on this Bill. It should negotiate special arrangements with the British government so that the right of the Irish government to release prisoners held in its own prisons is unimpeded.''