Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I thank the Minister of State for coming into the Chamber to take this most important matter.

Time is not on our side. On 9 August 1971 Operation Demetrius was introduced by the British army after being sought by the sitting unionist government. Nationalists and republicans from across the Six Counties were waking up to internment without trial. Over 350 men were taken in the first swoops. Many of these men and boys had no connection to republican politics or the republican movement. Fourteen of the men were specially selected by the British army, with approval from the British Government, the then unionist government and the RUC, to be experimented on using various torture techniques. They were taken without their families' knowledge to a secret location in the North which has since been established as Ballykelly British army barracks. The men selected became known as the hooded men.

There were five torture techniques used during their illegal detention. They were forced to spread-eagle against a wall for prolonged periods, permanently hooded and exposed to a permanent loud hissing noise. They were also exposed to deprivation of sleep and deprivation of food and drink. They received prolonged and routine vicious beatings by their captors during their illegal detention. The effects of this torture included prolonged pain, physical and mental exhaustion, fear and paranoia, severe anxiety, depression, hallucinations, disorientation and loss of consciousness.

In 1976 the Irish Government took the British Government to the European Court of Human Rights, ECHR, which found the British Government guilty of torture. The British appealed and managed to have the judgment overturned in 1978 when the ECHR judged that the five techniques used to torture the 14 men amounted to "inhuman and degrading" treatment but not torture. The Irish Government brought a case back to the ECHR in 2014 following the uncovering of new evidence, the location of the torture chamber in Ballykelly and the declassification of documents related to the torture treatment employed. Earlier this year the ECHR rejected the Irish Government's application to reverse the 1978 decision and classify the men's treatment as torture. The Irish Government has until 20 June which is less than three weeks away to launch an appeal against this latest judgment. As we know, torture, as a technique against prisoners, is still employed in many settings across the globe.

Has the Government decided to appeal this decision?

I have introduced this Topical Issue matter on behalf of the surviving hooded men: Liam Shannon, Jim Auld, Kevin Hannaway, Francis McGuigan, Joe Clarke, Brian Turley, P. J. McLean, Michael Donnelly, Patrick McNally and Davy Rodgers and in memory of those who have since passed without justice having been achieved. I pay my respects to them today and offer my sympathy and solidarity to the families of Seán McKenna, Micky Montgomery, Pat Shivers and Gerry McKerr. Go ndéana Dia trócaire ar a ainmeacha dílse.

Seán Kyne (Galway West, Fine Gael)
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I thank Deputy Ó Caoláin for putting down this important Topical Issue matter. I am taking this on behalf of the Tánaiste and Minister for Foreign Affairs and Trade, Deputy Coveney, who cannot be with us. In 1971, the deep concern of the Irish Government and the Irish people led to Ireland bringing a case against the UK before the European Commission and Court of Human Rights alleging human rights violations arising from internment. A particular focus of the proceedings was the use of the so-called "five techniques", as outlined by the Deputy, of interrogation suffered by 14 detainees, who became known as the hooded men. My thoughts tonight are with the men who suffered this treatment, and who have had to deal with the long-lasting effects, as well as all those who suffered during the period of internment.

While the Commission held that torture had occurred, in 1978 the court held that the treatment of the men amounted to "inhuman and degrading treatment" but not torture. The UK Government did not dispute this finding. The Irish Government has always considered that these men were subject to torture and jurisprudence since 1978 would suggest that the treatment endured by the men would be recognised internationally today as such.

In the interests of justice and international human rights, in 2014 the Government decided to request the European Court of Human Rights to revise its judgment. On the basis of the new material uncovered, it was contended that the ill-treatment suffered by the hooded men should be recognised as torture. The court's judgment was delivered on 20 March of this year. As Deputies are well aware, the court refused the Government's application to revise the 1978 judgment and find that the men had suffered torture. The refusal was made on two grounds: first, the court did not believe the new documents contained a sufficient prima faciecase that one of the witnesses had misled the Commission and the court about the long-term effects of the "five techniques" of interrogation; and, second, the court did not accept that, even if the witness had given misleading evidence, it might have had a decisive influence on the court's finding in the original judgment.

My colleague, the Tánaiste and Minister for Foreign Affairs and Trade, met the men recently to hear their experiences, and I know that he was deeply moved by what they told him on that day. The men have understandably been disappointed by the judgment as have many of their supporters. A further referral of the case to the Grand Chamber of the European Court of Human Rights is possible. However, there is no automatic right for referral and any application to have the application heard by the Grand Chamber would be considered by a panel of five judges.

I understand that many in Ireland, and beyond, would like to see this application for referral proceed. I want to stress that the Government is taking the time available to consider the ruling carefully and will not take this decision lightly. The Government's intensive focus since the judgment of the court on 20 March has been on legal considerations and to give this case the due weight and attention it deserves, including by seeking the advice of the Attorney General. We will consider this advice before any Cabinet decision on whether to move ahead with the application. When the Government has made a decision on whether to apply for a referral to the Grand Chamber of the European Court of Human Rights, that decision will be communicated to the men and their representatives and it will also be made public.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I am going to take the Minister of State's reply in the positive. A decision has not been made not to proceed, therefore the door remains ajar. It is very important that the right decision is taken in this case. An appeal is imperative for those surviving ten of the 14 who were subjected to this grievous torture all those years ago.

I have known a small number of them over my many years of service as a public elected representative and I am very aware of the great hurt and harm done to them in their personal lives as a result of what they went through. I can say without any question about one of the four who have passed, in this instance many years ago, Seán McKenna, that his early demise was directly attributable to all that he was subjected to. Like me, Seán was a native of County Monaghan and he and his family have always been held in the highest regard, not only by the broader republican family in our county but by all within the community of north Monaghan, whence he came.

It is very important for the men and their families but also for Ireland because, as the Minister of State rightly said, there is a universal acceptance on all our parts irrespective of our political differences, that what these men were subjected to was torture by any measure or reckoning. It is absolutely essential that we take this further step to explore the recognition on the part of the European Court of Human Rights that it was indeed torture that these men were subjected to, and not the milder reference to "inhuman and degrading treatment". I make a final appeal to the Minister of State and to all in the Government today to decide to lodge that appeal before 20 June.

Seán Kyne (Galway West, Fine Gael)
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The Government has taken this very seriously. In 2014 it requested the European Court of Human Rights to revise its judgment and the Tánaiste took it upon himself to meet those men who have survived and was very taken with their stories and the impact of what was done to them.

I know that the Deputy is eager and he has expressed his view that the Government should seek a referral to the Grand Chamber of the European Court of Human Rights as soon as possible. The Government has not ruled out making an application for referral but this decision will not be taken lightly. The Government has three months up to 20 June from the date of decision to apply for referral and it is using the time to consider things carefully before any Cabinet decision on whether to move ahead with an application.

The Tánaiste would like to assure the men whose treatment led Ireland to take the case in 1971 and all those who have campaigned with them in the decades since that the Government regards this with the utmost seriousness and that is why it will consider the judgment of 20 March very carefully before reaching a decision based on the information and advice we have.