This memo replies to the note drafted by E C Hallett on the amnesties granted by the British Government in the context of negotiations for independence in Cyprus, Kenya, India, Ghana and Ireland, 1916-1921. Joseph Pilling questions the relevance of the first four case studies and places emphasis on the case of Ireland 1916-1917 as the most relevant for providing a precedent. He requests further information about the release of prisoners in Ireland in 1917.
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FROM: J G PILLING
DUS (L)
13 December 1990
Copy No 2 of 6
cc: PUS (L&B) - B (2&3)
Mr Alston - B (4)
Mr Thomas - B (1)
POLITICAL MOVEMENT AND THE PROVISIONALS
Thank you for sending me a copy of your note of 13 December to PUS.
2. I share Mr Hallett's doubts about the relevance of the examples but not because of the nature of British colonial rule. I see no escape from thinking out on our own position from first principles because
- we are not addressing a scenario where HMG is to leave the scene with the result that the courts, the police and prisons will fall under the control of others and any releases by representatives of HMG would be only a little way ahead of when they would have happened in any case
- the crimes committed by many of those in prison in Northern Ireland were committed against members of the other community in the Province and, on any view, those communities will continue to live where they are under whatever fresh political arrangement were put in place.
3. Because of the first of those two points it may be that [_Ireland 1916-17_] is the most relevant time and place to look for relevant precedents. Do we know if any duly tried and sentenced prisoners were released in June 1917 as opposed to internees or those held after court martial? Coming even closer to home do we know if the government of Northern Ireland between 1922 and 1972 released unexpectedly early any fixed term or life sentence prisoners as opposed to bringing internment to an end? I wondered specifically if it had ever happened, on however small a scale, at the point at which a period of internment was ended.
SIGNED
J G PILLING (5)
13 December 1990
OAB 6447
DUSL/HMH/20125