NI: Repatriation
01 September 1991
The British Labour Party has undertaken to transfer Irish prisoners back to jails in the North. In Belfast on the 18th of June, Kevin McNamara said, "a Labour government would transfer these prisoners home but I could not quite give them an exact date or time on this."
There are currently 38 Irish Category A prisoners in British jails whose offences were "related to paramilitary activity." Among these are Robert Walsh (42), William Armstrong (43) and Paul Holmes (43) jailed in 1973 along with five others for causing and plotting explosions. They caused no fatalities but were nevertheless given life sentences. Convicted with them were Marian and Dolours Price, transferred to Northern Ireland in 1975 after prolonged hunger strikes (216 days) and forcible feeding (lasting 166 days). Marian and Dolours were released in 1980 and 1981 respectively. Gerard Kelly, one of 38 who escaped from the H Blocks in 1983, was another involved in the case. He was later captured in Holland and extradited back to the North, a condition of the Dutch court being that the British authorities drop his life sentence, which they did. Kelly was released in 1989. The other two in the case, Hugh Feeney and Martin Brady, are also now free.
Walsh, Armstrong and Holmes were the subjects of an Appeal Court ruling on 1st August. The three had sought to argue that their life sentences were wrong in principle. Justices Beldam, Saville and Buckley pointed out that the original defence team had decided not to challenge the sentences, because they believed that a substituted sentence might have resulted in a longer prison term. Lord Justice Beldam said that it was not considered at the time of the trial that life was too severe or wrong in principle. The release of the men was an executive decision of the Parole Board and the Home Secretary, not one for the Court of Appeal. The appeal was refused. The men will now apply for a judicial review of the decision of the Parole Board and Home Office not to release them. Now in their nineteenth year in prison, they have been told that they will next be considered for release in 1994. The Appeal Court's decision came a few days after the Commons rejected an attempt by the House of Lords to end mandatory life sentences for murder. In April the Lords had amended the Criminal Justice Bill with a majority of 98, but on 25th June the Commons overruled the amendment with a vote of 236 to 158.
In June it was revealed that Ulster Freedom Fighter member Albert "Ginger" Baker had been transferred from Long Lartin to Maghaberry. He was given a life sentence in England in 1973 on four separate counts of murder. Two years ago, Baker wrote to the Irish News alleging that senior RUC officers handed over documents on members of the nationalist community to UFF assassination teams. Baker is the first prisoner to be transferred this year. 31 requests for transfer to the North have been made in 1991 (from January to 31st May) and so far 18 have been refused, two withdrawn and the rest are outstanding.
Between 1985 and 1990 a total of 229 requests for permanent transfer to the North were made. 14 of these were withdrawn and in five cases prisoners were released on appeal or parole before a decision was reached on the transfer request.
Over this period a total of 32 prisoners were transferred, but no information is available on whether those transferred were loyalists or republicans, or prisoners whose offences were unconnected to the current conflict.
Hansard, written answers 14.6.91, cols 691-3; Irish News 26.6.91.