Brian Lenihan Jnr (Dublin West, Fianna Fail)

The Minister is not accepting this amendment, which has nothing to do with this particular legislation. I appreciate why the amendment has been tabled, but it relates to a matter of policy that might arise for consideration in the context of prisons legislation or a criminal justice Bill. This amendment seeks to introduce a rule or legal principle on the treatment of convicted offenders. Clearly, however, the appropriate place for that is in parole or prisons legislation which deals with the detention and treatment of offenders. The matter is not appropriate to the Bill before the House.

Naturally, everyone on all sides of the House wants to see the life and personal integrity of every member of an Garda Síochána being respected. That is not in dispute. The Minister wishes to record the fact that the killers of Detective Garda Jerry McCabe will serve their sentences. The area in which they have been detained, since 1999, is an open area of Castlerea prison. The Minister wishes to make it clear that under no circumstances could it be described as living in luxury. These prisoners and others, including other persons with convictions for rape and murder, are under no illusion but that they are in prison and that they will remain there for the duration of their sentences.

They also know that the Minister will not hesitate to return them to Portlaoise Prison if that was warranted by any behaviour on their part. The Minister wishes to refute most emphatically any idea that persons in this category have received, or will receive, preferential treatment.

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