May I ask for the suspension of the Agenda at seven o'clock for the consideration of an urgent matter of national importance—namely, the assumption of power by the military authorities to create offences punishable by the death penalty in cases of civilians without the authority of this Dáil and, in the view I wish to submit to the Dáil, in direct violation of the orders passed by this Dáil the other day. I need not go into the matter fully now, I suppose, but everybody has seen the Proclamation in the newspapers, which purports to announce that the death penalty or other penalties may be inflicted upon civilians for certain or uncertain offences. The order the other day passed by the Dáil provided in terms that any regulation made by the military in dealing with such matters as this should be laid for four days upon the table of this Dáil. The matter is a serious one, and that is why I ask that the business should be suspended at seven o'clock for its consideration. I think possibly the mistake is due to a misinterpretation of this by the military authorities.
POWERS OF MILITARY AUTHORITIES.
Mr. GAVAN DUFFY
MINISTER for DEFENCE (General Mulcahy)
Before we would upset the business of the Dáil by doing that I think the Deputy raising the question ought read the resolution passed by this Dáil.
Mr. GAVAN DUFFY
I have them here. I read them.
Mr. E. BLYTHE
You did not understand them.
AN CEANN COMHAIRLE
What does the Deputy precisely propose now?
Mr. GAVAN DUFFY
The suspension of the Agenda in order to consider the assumption of power by the Military Authorities to inflict the death penalty on civilians without the authority of this House. The regulation in the Order passed by this Dáil the other day is perfectly clear.
AN CEANN COMHAIRLE
It seems to be perfectly clear that there are two very different things.
Mr. GAVAN DUFFY
That is all the more reason why it should be discussed so that there may be no doubt about it; as I understood and as I know other members understood, the death penalty was not going to be inflicted until we in this Dáil had seen the exact Regulations under which it was proposed the death penalty should be inflicted. I am told I may be wrong. The resolution passed by the Dáil is substantially reported in the newspaper; and it will be found in Volume 14 of the Dáil Reports as well as the newspapers of the past few days. It provides for an inquiry by the Military Courts into the various offences, but there is no law and no regulation of this Dáil or any other body under which penalties for these offences can be prescribed until such time as Regulations are passed by the Dáil. The document providing for the making of the Regulations should be laid on the table of this Dáil. That has not been done.
AN CEANN COMHAIRLE
This matter could be raised on the adjournment.
Mr. GAVAN DUFFY
I do not care when it is raised.
AN CEANN COMHAIRLE
If it was raised on the adjournment it would not disturb the orders of the day. Would that satisfy the Deputy?
Mr. GAVAN DUFFY
Certainly.
AN CEANN COMHAIRLE
Then the matter is now closed.
Mr. GAVAN DUFFY
On that understanding.
I should like to say before it is closed that I think the language in which it is put forward is not worthy of the Deputy. From his remarks one might easily conclude that the military were at large on the streets to seize civilians and put them to death. Now I submit that a gentleman with the peculiar scrupulous mentality of Deputy Duffy should be more exact in language which lays open to a very serious charge the Service of the Government which is responsible for the Deputy speaking there. It is not worthy of him and it is not worthy of the Dáil.
Mr. GAVAN DUFFY
I certainly have not deserved the President's reproach, considering that I have referred to the very newspaper——
AN CEANN COMHAIRLE
I think the matter can be dealt with at the adjournment.