The Government is introducing legislation to enable the transfer of six IRA prisoners serving lengthy sentences in England for explosives and conspiracy charges. The legislation is required to amend the Transfer of Sentenced Persons Convention which says transferred prisoners should serve an identical sentence in this jurisdiction.
The six prisoners are all serving 30 or 35-year sentences in Britain. Under the criminal law in this State, however, the maximum sentence for conspiracy to cause explosions is 20 years. The amended legislation will give the Minister for Justice powers to direct that the sentences imposed in England can be served here regardless of the discrepancy in the lengths.
Yesterday, as the amended legislation was being announced, three other IRA prisoners were transferred from prison in England to serve the rest of their sentences in Portlaoise prison. The three, Denis Kinsella, Vincent Wood and Patrick Hayes, were flown by Air Corps helicopter from Speake Airport, Liverpool.
Kinsella, who is from Dublin, is serving a 25-year sentence for a bomb attack on Warrington gasworks in 1993. Wood, from Mayo, is serving 17 years for storing 35 lb of Semtex found in 1992, and Hayes, from London, is serving 20 years for a bomb attack on Harrods store in 1992.
The IRA prisoners who may be next to receive a transfer from England under the new arrangements are John Crawley (39), a former US marine; Robert Morrow (37); Patrick Martin (35); Francis Rafferty (45); Gerard Hanratty (38); and Donald Gannon (34), who were all convicted of conspiracy to bomb electricity sub-stations in England last year. All were sentenced to 35 years' imprisonment in July.
Another prisoner who would also be covered by the amended legislation is Liam O Duibhir (35), of Dublin, who is serving 30 years for possession of explosives and firearms in Wales in 1990. Yet another possible is Peter Sherry, from Tyrone, who is serving life imprisonment for having explosives in Scotland in 1986. It is not clear if he wishes to be transferred.
Some 22 IRA prisoners were potentially eligible for transfer from England to the Republic under the 1995 transfer convention. Twelve, including the three who were transferred yesterday, have already arrived and the further six cases will come up for consideration under the amended legislation. Another four men from the Republic are currently on remand.
A similar number - 20 IRA prisoners - have already been transferred from British prisons to prisons in Northern Ireland where some have recently received parole. Some 23 prisoners remain in British prisons and all are expected to seek transfer to prisons in the Republic or Northern Ireland.
Sinn Fein said yesterday the British government was acting in a "very begrudging and foot-dragging manner" over the prison releases. A statement added: "There can be no justification at this stage for stalling the transfers of the remaining Irish prisoners in English jails."