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.''
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