A POLITICAL and legal dispute was brewing last night over an allegation against Ms Roisin McAliskey, made earlier this week in the House of Commons by a Conservative MP.
Labour MPs Mr Max Madden and Mr Kevin McNamara have referred the comments of Mr Rupert Allason, MP for Torbay, to Ms McAliskey's solicitor, Ms Gareth Peirce. Both men suggest Mr Allason's allegation - subsequently withdrawn - could prove prejudicial to the hearing of extradition proceedings against Ms McAliskey, and to any subsequent trial in Germany.
Mr Allason made his allegation in response to an intervention from Mr McNamara during Wednesday night's debate on the renewal of the Prevention of Terrorism Act. Mr McNamara was inviting Mr Seamus Mallon to agree that Ms McAliskey was suffering "mental torture" through not knowing whether or not "she will be able to have and hold her child after her confinement." Speaking from his seat Mr Allason said: "She should have thought of that before she started bombing people."
After points of order raised by Mr Madden and Mr Ken Livingstone, Mr Allason told the Speaker: "I certainly made that comment, Madam Speaker. If you want me to withdraw it, I am happy to be guided by you."
The Speaker then said: "The Honourable Gentleman is withdrawing the comment. He should understand that he should not comment on such cases.
At the end of the debate, Mr McNamara told the Speaker: "Mr Allason made a comment for which he later apologised, in which he indicated that he felt a prisoner at present in Holloway, Miss Roisin McAliskey, was guilty of the crime for which it is sought that she be extradited to Germany. We have already had situations in the House under the British legal system where a similar type of statement was made when we were introducing the question of the reduction of the right to silence, and that resulted in the acquittal of prisoners by the Court of Appeal."
Mr McNamara continued: "We are now in the difficult position that, this statement, having been made in the House it will be read in the newspapers and may possibly affect the attitude of the magistrates in deciding whether that lady should be taken back to Germany or whether she should be, granted bail. That is a very serious matter but, in addition, if she should be extradited to Germany, what will be the effect of a statement made in the House withdrawn rather half-heartedly by Mr Allason on your instruction, Madam Speaker? Will that prejudice her trial in Germany?"
The Speaker told Mr McNamara: As the House is aware, I did not hear the alleged comment made from a sedentary position, but I am, of course, aware that, when Mr Allason got to his feet to speak tonight, he did withdraw whatever comment he had made at that time. It seems to me to be the old issue of moderation in language in this House, which I caution all Honourable Members to be careful about. I take the point made by Mr McNamara seriously, but I do not wish to come back to "the House about it." Ms McAliskey is due in court again next Wednesday, as crucial decisions are made about the arrangements for the birth of her baby.