Shane Ross (Independent)

With the permission of the House I will share my time with Senators Norris and Henry. I raise the case of Mr. Roy Bennett, MP, who is detained in Zimbabwe without trial in circumstances that are completely and utterly unacceptable under democratic rule. I raise the motion in the hope that the Minister for Foreign Affairs, Deputy Dermot Ahern, or indeed, the Minister of State, Deputy Treacy, will bring the matter to the attention of the Zimbabwean Government and make a protest on behalf of the people of Ireland. This is a very serious case in which Mr. Roy Bennett, an elected MP who had suffered great provocation and oppression from the Government of Mr. Mugabe, was speaking in parliament and was provoked by the Minister for Justice. Nobody suggests that there was no wrongdoing on the part of Mr. Bennett, but he pushed the Minister for Justice under great provocation from the Zanu-PF benches.

That is not something that any parliamentarian can approve of or condone, but the punishment that has been inflicted on him has been utterly unfair, disproportionate and totally undemocratic. Mr. Bennett has been sentenced to 17 months imprisonment, a year to be served and five months, I gather, suspended. This was imposed not by a court of law but by a parliamentary committee set up by Zanu-PF and then endorsed by a parliament rigged in favour of that party. We all know what happened in the last elections there and that the outcome was unacceptable and not recognised by any government, particularly ours.

I am asking the Government first of all to protest about the procedures which allow any member of a parliament to be judged by his peers and then given a custodial sentence. I do not understand why this man could not have been given a fair trial outside a political kangaroo court. Had that happened, he would not have received the same sentence. It is extremely convenient, with the elections coming up in Zimbabwe, that a vocal and articulate opponent of this type, should be silenced by being put in jail.

The second objection the Minister should make — and it is a human rights objection in every case — is not just to the lack of independent judgment, but to the disproportionate and unfair sentence meted out. It seems that not alone are the procedures wrong, but the sentence is unnecessarily severe. I do not believe that in any civil case outside of parliament an offence of this type would be followed by a custodial sentence. It should be noted that the Minister for Justice who is protesting so strongly that he was assaulted, got up and spoke immediately afterwards at length, and was quite capable of doing so.

The third reason is that Mr. Bennett's right to appeal has been violated. It would be fair if the Government made representations to ask that Mr. Bennett be released from jail on bail, in order to be a candidate in the forthcoming elections. Not only that, but he should be allowed to conduct his campaign in a normal way. Then a case, criminal if necessary, could be taken against him in the ordinary courts. This is an unacceptable case in respect of which the Government should make strong representations. Ireland is very proud of its record on human rights. Where a man has been held in this way, we should use our political muscle to show we feel passionately about these rights being infringed.

I hope the Minister of State will not reply by giving some sort of mealy-mouthed expression of concern. I hope he will reply by saying the Government is prepared to make a meaningful protest either through diplomatic channels or through the United Nations, to ensure this man is released so that he can go about his diplomatic duties without being oppressed by the Mugabe regime.