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Dáil Éireann debate -
Friday, 20 Oct 1922

Vol. 1 No. 25

CEISTEANNA—QUESTIONS. - A GALWAY EVICTION.

TOMAS O CONAILL

To ask the Minister for Defence whether it is a fact that National troops stationed at Gort attended at Ballinamanton House, Gort, on September 5th, and evicted therefrom Mr. Denis McCarthy, an employee of the Department of Agriculture, and gave possession to a neighbouring farmer, although an appeal against the ejectment decree given in the District Court was then pending; will he say if such action by the troops was in accordance with Army Regulations, or on what authority they acted; is he aware that when the matter was reported to the O.C., Galway, orders were given to the effect that McCarthy should be reinstated, that troops brought McCarthy to the house on September 8th, but failed to carry out the reinstatement or dispossess the other party because of certain threats alleged to have been used by the latter; if it is true that the officer that carried out the eviction insisted on the payment by McCarthy of £8 15s. alleged to be due for rent, and has since refused to return same, and whether it is proposed to compensate McCarthy for disturbance and for the damage caused to his furniture by the action of the military.

General MULCAHY

At the request of the Battalion Police Officer, National troops stationed at Gort carried out this eviction on 6th September. The officer in charge was unaware that there was an appeal against the ejectment decree, and he did not receive the amount of £8 15s. from McCarthy. This action by the troops was not in accordance with Army Regulations. It is the result of the tradition of days that we have not yet got very far away from, that the Army has to do everything. The attitude of the Army Authorities in these matters for some time past is that if decrees cannot be executed without the assistance of the Army in this way, the fact must be faced that there will be delay in the execution of decrees. When the General Officer commanding the area was made aware of the facts he instructed that McCarthy be reinstated, and McCarthy was brought back to the house on September 8th. He could not secure peaceable repossession for McCarthy, and in the general circumstances of the case he considered it inadvisable to interfere further. I have no knowledge of any damage done or of any claim for compensation.

TOMAS O CONAILL

Might I ask the Minister, in view of the fact that he has been dispossessed owing to the action of the Army Authorities in the case, will he consider the desirability of giving him some compensation?

General MULCAHY

The case is one which, in my opinion, must be left wholly in the hands of the Home Department.

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