Independent TD Finian McGrath asked the justice minister to allow Stephen Birney out of jail because he wanted to sit an entrance exam for a music degree.

Birney, 33, is regarded by garda� as a senior member of the IRA and is serving a four-year sentence for membership of an illegal organisation. He was part of a five-man active service unit arrested in October 2002 after the van they were in was seen acting suspiciously. Garda� believe they were on their way to carry out a kidnapping or robbery.

Two of the men were dressed as garda� when they were arrested and the group had balaclavas, two pick-axe handles, a stun gun, cable, ties and a canister of CS gas.

Special branch detectives subsequently searched Birney's home in Clontarf and found a Motorola radio, a mirror with '�glaigh na h�ireann' on it, a poster of five masked men with the words 'Victory to the IRA', and a poster of armed masked men.

Birney also had the words 'Oglaigh Na h�ireann' tattooed on his left upper arm.

McGrath, independent TD for Dublin North Central, recently wrote to Michael McDowell asking "if Stephen Birney will be granted temporary release to attend an entrance exam on 31 March 2007 at 2.15 pm as they want to attend college later". McDowell had already received a request from Birney asking if he could get out of jail early to study but he refused to sanction it.

Finian McGrath has defended his actions, saying that Birney's parents asked him to write to Michael McDowell because he wanted to make a fresh start.

"I believe in giving everybody a second chance. He will be released next year and wants to get on with his life. I'm a civil libertarian, that's part of what Finian McGrath is. I know it's not a popular thing to do but it is the sensible thing to do. What was I meant to do, slam my door on his parents' faces?

"I am no Tony Killeen. I read every file and I won't be blaming anybody in my office on this one. I'll take the flak and I'll take the kick in the ass if it comes."

In response to Finian McGrath's request, McDowell wrote: "The person referred to by the deputy is serving a fouryear sentence with the final two months suspended for the membership of an unlawful organisation. He is serving this sentence under maximum security conditions in Portlaoise Prison and is not due for release until 5 January 2008.

"I have recently considered applications for temporary release from this person in relation to a degree course in music.

In view of the very serious nature of his offence and the fact that he is not due for release until next year, I was not prepared to override the negative recommendation from the Irish Prison Service and accede to this request."

During Birney's 24-day trial, evidence was heard that detective garda Michael Masterson, an off-duty member of the Special Branch, noticed a Nissan Almera car, a Nissan Micra car and a van acting suspiciously at Corke Abbey in Bray, Co Wicklow.

Detectives raided the vehicles and found the five men at the back of the van with paraphernalia to carry out a criminal act. Election posters for Sinn F�in TD Aenghus � Snodaigh were also found in the van and another man later arrested was an � Snodaigh election worker.

The men were each jailed for four years by the Special Criminal Court on 21 February 2005 for IRA membership.

Chief superintendent Peter Maguire, head of the Special Branch, told the Special Criminal Court that all the men were members of the Provisional IRA, were attached to the Dublin brigade and were answerable directly to its leadership. He said his belief that Birney was an IRA member was based on information he had received from garda� and other sources before Birney's arrest in 2002.

Jailing the men, Mr Justice Diarmuid O'Donovan said: "The mind boggles as to what you were up to. Whatever it was, we are quite sure that it was up to no good and it was associated with your membership of the IRA."