Committee Reports > List of Committees > Dáil > 1986 > Select Committee on Criminal Lawlessness and Vandalism > Report No. 11 - Disturbance at Fort Mitchel prison, Spike Island on the 1st September 1985

Letter dated 24 September, 1985 from the Private Secretary, Office of the Minister for Justice to the Clerk to the Select Committee.

APPENDIX D

24 September, 1985.

Dear Mr. Brady,

I am directed by the Minister for Justice, Mr. Michael Noonan, T.D., to refer to your letter of 11 September, 1985 regarding the disturbance at Fort Mitchel, Spike Island.

The Minister has asked me to enclose, for the information of the Committee, a brief account of the incidents which occurred in the Fort and on the Island during the disturbance. The account is necessarily brief for two reasons - first of all the Gardai are still taking statements from people involved in the disturbance and secondly, the question of taking legal proceedings against prisoners involved in the disturbance has yet to be considered by the Law Officers. The Minister trusts that the Committee will appreciate that anything other than a broad outline of the main events could be highly prejudicial in any subsequent legal proceedings.

On the question of the operation of the institution and the selection of prisoners for transfer there the Minister understands that these matters were discussed with those members of the Committee who visited the Fort some time ago. He appreciated the public statements made by members of the Committee following that visit which helped to dispel a number of myths which had grown up about the nature of the regime in operation at the Fort and the facilities being provided.

The Minister is concerned, however, that in the aftermath of the disturbance and the various statements made by public figures, including the Chairman of the Select Committee, officials of his Department and the Governor of Fort Mitchel, should be asked to appear before the Committee to answer questions from members. The Minister is sure that, on reflection, the Committee will agree that this procedure would be inappropriate in a matter which has become so politically highly charged and partisan.

For this reason he is not prepared to allow his officials or the Governor of Fort Mitchel to appear before the Committee.

The Minister is concerned that the Committee appear to be embarked on some form of investigation into the disturbance on Spike Island. He wishes to remind the Committee that its terms of reference were agreed between himself and the leader of the Opposition and, specifically excluded the power to send for persons, papers and records. It was the Minister’s understanding that this would enable the Committee to function in such a way as to allow it to consider and reflect on major issues of policy and avoid the pressure of instant investigation or analysis on matters of current and immediate concern. His understanding is that his view was shared by the Leader of the Opposition who, at that time, did not wish the Committee to become involved in investigations into issues which had previously arisen involving the Department of Justice. The Minister remains of the view that the best work of the Committee can be carried out in the areas of policy rather than investigations into past events involving the Department of Justice.

The Minister has asked me, finally, to say that a further visit to Fort Mitchel can be arranged for members of the Committee should they so desire.

Yours sincerely,

___________________

Private Secretary

APPENDIX

Briefly, the sequence of events was as follows:-

Shortly before mid-night the Assistant Chief Officer (A.C.O.) in charge became concerned about the behaviour of prisoners in Dormitory 5 of the A Block. He instructed the staff on duty in the A Block to keep the prisoners in that dormitory under close observation. He left the Block to carry out other duties. When he returned to the A Block a few minutes later (but after 12 midnight) the prisoners in dormitory 5 were creating a disturbance. He decided to (a) further retain on duty the staff due to finish duty at mid-night, (b) alert the sleeping-in staff and (c) to discuss the situation with the Deputy Governor. At about 12.15 a.m. while the A.C.O. was speaking to the Deputy Governor he was told that the prisoners in dormitory 5 were at that stage breaking out of the dormitory. The Deputy Governor instructed him to telephone the Gardai at Cobh to ask for assistance and to contact off-duty staff who were known to be staying in a hotel at Cobh. This was done. The 21 staff by then on duty on the Island were not in a position to contain the prisoners within the A Block. This block was also set on fire. The four Gardai on duty on the island who had been advised by radio from Cobh Garda Station of developments alerted the residents to the situation. The prisoners from A Block prevented the staff from using fire hoses to quench the blaze by throwing stones etc. at them and by cutting hoses. Using a van which they had forcibly taken over from staff they then tried to break out through the Inner and Main Gate but failed. The prisoners from A Block then went to the rampart dormitories and released the prisoners there. At this time staff from Cobh had arrived on the island and joined the staff on duty in the Fort bringing the total staff to 29. The 4 Gardai on night-duty on the island were calling on the residents advising them to leave the island. Most of the residents declined initially but some went to the pier to leave. At about 1.20 a.m. the Deputy Governor, accompanied by a party of 1 Sergeant and 5 Gardai from Cobh as well as one prison officer, arrived on the island. The ferry returned to Cobh to collect additional Gardai but the residents decided to remain. The Deputy Governor went to the Fort and saw a number of prisoners climbing out over the wall of the Fort. He returned to advise the Gardai on the pier of the situation. He then went back towards the Fort. On his way back he met some of the prisoners, who by then realised that escape was not possible and asked them to (a) not harm the families and (b) to surrender peacefully. At this time the prisoners were armed with a variety of implements. The prisoners, or at least those leading the group, assured the Deputy Governor that the families would not be harmed but then said they would take him hostage in order to secure a boat to bring them to the mainland. The Deputy Governor and the Gardai, by now satisfied that the prisoners did not intend to harm any of the families, made their way to the Fort itself and, believing that the prisoners would attempt to take hostages from among the prison staff and Gardai on the island, closed the main gate and reinforced it by placing vehicles behind it. The fire hoses were also brought to the gate. The staff also collected those prisoners (about 45) who, not wishing to be involved in the disturbance, had remained in the Fort area and placed them in a room in the officers’ quarters. The other group of prisoners returned from the pier with a JCB belonging to a building contractor working on the island with which they intended to break down the main gate of the prison. The prisoners made a number of such attempts but were frustrated by the staff who displayed great courage. The prisoners succeeded in setting fire to parts of the main gate area using petrol obtained from naval stores on the island and one officer suffered burn injuries during this incident [a petrol bomb was thrown into the visiting area]. During this incident the prisoners also successfully forced a reinforcing party of Gardai to call of an attempted landing on the pier by throwing missiles etc. at the boats. The prisoners then returned to the Fort by which time staff and Gardai had withdrawn to the centre of the square, allowing the prisoners to enter the compound by the main gate. On entry the prisoners then walked up the rampart of the Fort and then to the roof of the officers’ quarters which is at the back of the compound. They also set fire to the administrative offices which were destroyed but staff were able to prevent the fire spreading to the remainder of that building (kitchen, dining area etc.) by using the fire hoses. An earlier attempt to set fire to the officers’ quarters was also dealt with by staff and prisoners.

By this time it was 4.30 a.m. and a party of 45 Gardai landed on the island. The prisoners remained on the roof of the officers’ quarters until about 6.40 p.m. that evening.

[Note: The timings given are approximate and for that reason should be treated with caution].