Jerry McCabe prisoners’ prison regime
Kenny questions the treatment and prison regime of the prisoners convicted in the Jerry McCabe murder, including reports about their provisions and whether the issue was discussed with Sinn Féin. The Taoiseach says the prison is secure but operates an open-prison regime, denies that prisoners control it, and says discussions with Sinn Féin concerned their release.
The Taoiseach will recall the sense of outrage that existed at the revelation that the Government proposed to grant early release to the killers of Detective Garda Jerry McCabe. I welcome the Taoiseach's announcement that such a deal is off the table and that these persons will serve their full time as handed down by the courts. The Taoiseach will also recall that this crime consisted of the brutal slaying of a Garda on duty for his country, which is a capital offence. In this case, it was reduced to a lesser charge due to intimidation. We have all heard the frequent calls for temporary release of those prisoners involved. From media reports of the report of the inspector of prisons, I understand the killers involved occupy a separate area of the prison compound at Castlerea known as the Grove. The information contained in the inspector's report is very clear that these prisoners appear to operate a veto on the integration process among all prisoners in that prison. Can the Taoiseach confirm if this is the case? When the Minister for Justice, Equality and Law Reform responded in July 2004 to a question by Deputy O'Keeffe, he indicated that he had neither disimproved nor improved the regime, but that he had inherited it. What is the position regarding the activities of the McCabe killers in the running of this prison, including the concern that they are operating a veto? The report of the inspector is very clear that the policy of integration in Unit A is not working, as the provisional IRA prisoners are effectively using a veto over the duties assigned to working prisoners in the Grove. This includes objecting to prisoners serving sentences for sex offences or drugs working in the kitchen or on grounds near the houses they occupy. I have already raised the issue of photographs being taken and the sale of goods abroad with the names of these prisoners thereon. Can the Taoiseach explain the relevance of the newspaper reports today?
Comment on this
I have made my position clear on the prisoners who were involved in the murder of Jerry McCabe and the wounding of Ben O'Sullivan. There has been no change on this in the last six years. In 1999, the Provisional IRA prisoners were moved to the Grove area of Castlerea. It is an open prison, although it is not in any way luxurious. The procedures there are obviously less strict than elsewhere. In all prisons, including Castlerea, it is a matter for the governor to determine the duties of the trustees and how that is handled. I have no news of any change in this. I have heard of reports and I have tried to check on them, but I have been told that it is entirely inaccurate to say that these prisoners are in control of the prison. The murderers of Garda Jerry McCabe are in prison and they will remain there for the duration of their sentences. I have received no information from the Department of Justice, Equality and Law Reform, or from the governor of the prison, that the circumstances have changed since 1999.
Comment on this
I do not know whether the Taoiseach has been down there or not. There is a 20 foot wall around Castlerea prison and it is a secure facility. This matter was the first item on the agenda in all the discussions that the Taoiseach and the Minister for Justice, Equality and Law Reform had with Sinn Féin representatives. Was the operation of the prison regime regarding these four prisoners ever discussed at any of those meetings? Can the Taoiseach confirm newspaper reports that the killers of Detective Garda Jerry McCabe faxed their requirements to the local shop, which were then delivered by taxi? If the prisoners are exercising a veto over the integration of all prisoners in that complex, has the Taoiseach considered that they should be returned to Portlaoise? What is his response to a remark made by a county councillor in Cavan last night that there would be no decommissioning by the IRA until these prisoners are released?
Comment on this
The prison is secure but the regime is that of an open prison. Since 1970, the prisoners in Portlaoise got different treatment because of their structures. When the prisoners were moved to Castlerea, they continued to receive different treatment. I do not know about the operations regarding their food and so on, but I am told that——
Comment on this
I am told that it is not a situation of luxury. It is entirely inaccurate to describe the prisoners as being in control of the prison. The governor makes the operational decisions that he believes are necessary. The only matter discussed with the Sinn Féin leadership was in regard to the release of the prisoners. That was the only issue that concerned them.