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Dáil Éireann debate -
Wednesday, 13 Feb 1924

Vol. 6 No. 13

PUBLIC SAFETY (PUNISHMENT OF OFFENCES) TEMPORARY BILL, 1924.—FIRST STAGE.

Mr. O'HIGGINS

I ask the leave of the Dáil to have printed and circulated this Bill—the Public Safety (Punishment of Offences) Temporary Bill, 1924—to make provision during a limited period for the punishment of certain offences and for other matters connected with the preservation of public safety and the protection of personal property. It will be remembered that the Public Safety Act expired on the 1st of the present month, and that previous to its expiration we passed a Bill dealing with the question of arrest and internment without trial in certain circumstances. The Bill that I am now introducing is designed to continue certain of the provisions of the Public Safety Act which related to the punishment of forms of crime which have arisen from the disturbed state of the country. I ask the leave of the Dáil to have that Bill printed and circulated to the Deputies.

I think that we should have some particulars of this. It rather appears that we have temporary emergency legislation in instalments. If the Minister has omitted some necessary provisions or what he considers to be necessary provisions, I think even before he asks for a first reading he should indicate what the purport and scope of this Bill is to be. I think the mere request that temporary emergency legislation of this kind shall be agreed to without some explanation, is rather asking the Dáil to do things merely on the word of the Minister. I think the Dáil is due some explanation.

Mr. O'HIGGINS

The Bill will deal with those aspects of the Public Safety Act which have not been dealt with in the Bill which we passed, dealing with the arrest and detention of certain persons without trial. It consists of 11 Sections. The first one prescribes certain punishments for certain offences which are set out in the Schedule. The second Section deals with power to seize and sell animals found trespassing. Section 3 bears on the restitution of stolen property; Section 4 the punishment of persons having stolen property; Section 5 the power to order restitution of stolen property. Section 6 asks for certain powers bearing on the recovery of property representing stolen property or funds; Section 7 the recovery of money in bank representing stolen property or funds. Section 8 deals with the change of venue in criminal cases. Section 9 gives the Minister for Home Affairs power to make rules and prescribe forms. Section 10 is a definition section, and Section 11 gives the short title. It is proposed that the Act shall come into force when passed, and shall continue in force for one year.

In short, it means that the sections of the original Public Safety Act which were dropped—or many of them—on the last occasion, and on the strength of which dropping, the last Bill was accepted——

Mr. O'HIGGINS

That is not so.

By the majority, and passed into law, and——

Mr. O'HIGGINS

May I say, on a point of explanation, that that is not so. I stated explicitly when introducing the Powers of Arrest and Detention Bill that it was proposed to deal with other aspects of the late Public Safety Bill in a separate measure.

Having got through so easily, we are now asked to complete the operation and re-enact, as a second instalment, the greater part of the original Public Safety Act. I suppose the Minister, on Second Reading, if he is allowed a First Reading, will try to justify the introduction of this new Bill by further reference to the state of the country.

Mr. O'HIGGINS

It has a certain bearing.

He presumably will repeat that his Ministry has not succeeded in bringing order out of chaos, and that still further emergency legislation is required. It seems to me that when we are dealing with matters of this kind we should have a very full statement of the necessities of the case, even before the First Reading is granted, and on those grounds I will oppose the First Reading.

Question put:
The Dáil divided: Tá, 53; Níl, 16.

Tá.

  • Earnán Altún.
  • Richard Beamish.
  • Earnán de Blaghd.
  • Séamus Breathnach.
  • Séamus de Burca.
  • John J. Cole.
  • John Conlan.
  • Bryan R. Cooper.
  • Sir James Craig.
  • Máighréad Ní Choileáin Bean Uí
  • Dhrisceoil.
  • Patrick J. Egan.
  • Osmond Grattan Esmonde.
  • Darrell Figgis.
  • Henry J. Finlay.
  • John Good.
  • John Hennigan.
  • William Hewat.
  • Connor Hogan.
  • Tomás Mac Artúir.
  • Seosamh Mac 'a Bhrighde.
  • Liam T. Mac Cosgair.
  • Pádraig Mac Fadáin.
  • Pádraig Mac Giollagáin.
  • Seán Mac Giolla 'n Ríogh.
  • Eoin Mac Néill.
  • Liam Mac Sioghaird.
  • Seosamh Mag Craith.
  • Patrick McKenna.
  • James Sproule Myles.
  • Martin M. Nally.
  • Peadar O hAodha.
  • Criostóir O Broin.
  • Seán O Bruadair.
  • Próinsias O Cathail.
  • Eoghan O Dochartaigh.
  • Séamus N. O Dóláin.
  • Tadhg S. O Donnabháin.
  • Peadar S. O Dubhghaill.
  • Eamon S. O Dúgáin.
  • Seán O Duinnín.
  • Aindriú O Láimhín.
  • Séamus O Leadáin.
  • Fionán O Loingsigh.
  • Thomas O'Mahony.
  • Pádraig O Máille.
  • Risteárd O Maolchatha.
  • Domhnall O Mocháin.
  • Séamus O Murchadha.
  • Pádraig O hOgáin (Gaillimh).
  • Seán M. O Súilleabháin.
  • Caoimhghín O hUigín.
  • Seán Priomhdhail.
  • Patrick W. Shaw.

Níl.

  • Pádraig F. Baxter.
  • Seán Buitléir.
  • Séamus Eabhroíd.
  • David Hall.
  • Tomás Mac Eoin.
  • Risteárd Mac Fheorais.
  • Pádraig Mac Fhlannchadha.
  • Tomás de Nógla.
  • Tomás O Conaill.
  • Aodh O Cúlacháin.
  • Liam O Daimhín.
  • Eamon O Dubhghaill.
  • Seán O Laidhin.
  • Domhnall O Muirgheasa.
  • Tadhg O Murchadha.
  • Pádraig O hOgáin (An Clár).
Motion declared carried.
Second Stage ordered for Tuesday, 19th February.
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