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Dáil Éireann debate -
Wednesday, 20 Feb 1924

Vol. 6 No. 16

PRIVATE BUSINESS. - COMPENSATION TO SUPPLIERS OF MILK.

I wish to propose the motion which stands in my name in the Order Paper to-day and which reads:

"That the Dáil is of opinion that special measures should be taken by the Government to recompense the suppliers of milk to the creameries of the Condensed Milk Company of Ireland for the losses which they suffered owing to the seizure of those creameries in May, 1922, by unauthorised persons."

I wish to explain to the Dáil the matters which led up to this seizure, and the happenings which took place in connection with that seizure, and which, in my opinion, justifies me in proposing this motion. In the early days of 1922 negotiations were going on between the Directors of the Condensed Milk Co. of Ireland, commonly known in the South as Messrs. Cleeve's, and their workers. These negotiations, I believe, were with regard to wages, and also, I believe, with regard to the number of employees. But as the farmers, whom I represent, were never taken into the confidence of either the workers or the Directors of the Company, it is not my intention to deal with the rights or wrongs of the dispute. The only thing we do know is that the members of the Government should be perfectly well aware that this dispute was going on, and that something out of the ordinary was likely to happen, because I understand that one of their representatives acted as Chairman in those conferences which took place in the early days of 1922. The first indication that the farmers got that anything serious was about to happen was on the 12th May, 1922. All the creameries belonging to that Company in Tipperary, Limerick and Cork were taken over by bodies of men, armed, I believe, in most cases. They were taken over forcibly, and the employees and managers who remained loyal to the owners of the creameries were expelled. Simultaneously with the taking over of the creameries, red flags were hoisted in each case over these concerns. This gave a clear indication to anybody who wished to realise the situation that the intention of these people was revolutionary. The methods which were adopted by the workers were not the methods used in ordinary disputes about wages. Well, then, all the property in the creameries having been taken over by those men, their lorries were sent out the following day—sent out, I wish to inform the Government, in my district, and I believe in other districts—manned with men openly carrying revolvers. What the intention of carrying revolvers was I am not in a position to state, but it must be perfectly evident to anybody giving the matter his or her consideration that the intention was to intimidate the suppliers of milk to the creameries, so that they would not refuse to give the milk, and that thus the farmers would be frightened into doing so.

We in the organised Farmers' Body were placed in a very difficult position. We had to act in a hurry. The action which we took was that we sent out instructions to our members that they would not supply those red flaggers or revolutionaries with milk.

Say Bolshevics.

At the same time that we sent out those orders, and when a good many of us had ceased to supply the milk, we sent a deputation up here to Dublin to the Government— that is the part of the Government that had remained loyal to the Treaty, and who were then in control of the country. On certain statements which, I believe, were made at that interview, I largely base the claim which I make here, that compensation should be granted to the farmers. I have the word of one responsible member of the deputation on behalf of the farmers. One of the Ministers, when asked if the Government could see their way to compensate the farmers if the farmers refused to supply the milk, said: "We are in a position to compensate." Relying on this partial promise, these men went down to the country, and word was spread that if the farmers did cease to supply that there was a reasonable chance that the matter would be taken up by the Government, and that compensation would be granted. Meanwhile, the matter went on. Those workers, or revolutionaries, or Irregulars remained in possession of these creameries and continued to work these creameries, working them with the supply of milk they got. They continued to interfere with the sale of the milk and the milk products of those farmers who had refused to supply them. I saw, myself, in the streets of Clonmel, butter taken in by the farmers' wives, seized by the Red Flaggers, and strewn about the street. I say that the farmers were prevented and intimidated so that they could not sell their butter. All kinds of efforts were made to prevent the farmers carrying on their business in the usual manner. Night raids were made on farmers' houses, their separators were broken, and their dairy utensils were smashed up. Armed men in lorries appeared in the markets in Co. Waterford, and elsewhere, and intimidated the farmers.

The question may be asked: was that movement an Irregular movement; had it any connection with the movement of the Party that called itself the Republican Party? There are Deputies here who are in a much better position than I to give the inside view in that regard; but my view is, that it was connected, and directly connected, with the movement of the Irregulars. We do know that some of the responsible leaders in my county had given it a good deal of their moral support. We do know that those men who took over the creameries were supplied with coal and other articles from the Barracks, which were then under the command of the Irregular leaders. In justice to some of those leaders—some who have since died for the cause they supported— they repudiated it. At the same time it is evident to anybody that some of the Irregular leaders were willing to support any movement which might make it difficult for the Government then in power to control the country, and if they did not give the taking over of creameries their active support they, at least, gave it tacit support.

The creameries remained in possession of the men who took them over forcibly, and the farmers in practically all cases had to leave their milk at home. Some of them manufactured butter with the object of using it; others had to spill the milk in the fields. It is a fact that in the neighbourhood of some farm houses, on account of the milk being continually spilled on the ground, nuisances were caused, and the thing became a danger to the health of the farmers. This claim which we are making is not one that we cannot substantiate with figures. We have got an accurate account from all the farmers of their losses. We have detailed accounts from each farmer stating the loss suffered and the number of gallons of milk that had to be wasted. I am willing to submit that statement of losses to the Government if they will receive it with any kind of intention of dealing with the matter in a genuine fashion.

The state of affairs I have described continued until eventually, at the time those counties came under the control of the Government forces, the creameries went back again into the hands of the original owners, not before, however, as was the case in some places, they had been destroyed. A creamery in Tipperary, valued at £100,000, was burned down. It is well known that this creamery was in the possession of the Irregular forces, and was being used as a munition factory. It is known that munitions were manufactured there, and large quantities of arms were stored there. Incidentally I might mention that the lives of those connected with the farmers' movement were endangered during this period. Serious attempts were made to take my life, and a serious attempt was made to take the life of one of the managers in Clonmel, Mr. Reidy. He was taken prisoner, and was held for several days. The condition of affairs was that the farmers who suffered those great losses were in many cases purely dairy farmers. They lost their produce for one whole dairy year, and the year following was not much of an improvement, because some of them lost the value of a certain proportion of their products owing to the closing of Messrs. Cleeve's creameries, which was possibly due to the Red Flag menace of last year.

Now, the Government insists that these men shall meet their obligations to the State; they insist that they shall pay the annuities that are due, and pay also the local rates. The Government has taken special powers to see that these annuities and these rates are enforced. I admit the farmers owe an obligation to the Government, and they are under an obligation to pay taxes and rates. But if the farmers owe an obligation to the Government, the Government owe an obligation to the farmers. The Government has an obligation to protect its citizens, and if it does not find itself in a position to protect those citizens, I maintain it has a moral right to compensate them for the losses they have suffered owing to lack of protection. I think that is a perfectly genuine, legal, moral claim.

I do not think it is fair for the Government to hide behind any case such as the Compensation for Property Act, and to say that this is not a direct loss, or that it is only a consequential loss. It is very hard to differentiate between a direct loss and a consequential loss. If people came out and spilled the farmers' milk, that would be a direct loss because it happened in a direct way; but, because the loss happened in an indirect way it is only a consequential loss. I know those farmers are in a bad way. Many of them are not able to meet their obligations. Processes and other legal proceedings are being taken against them, and I ask the Minister and the Government is it fair that while the Government, unwilling or unable to come to their aid in dire necessity, they should now force these men to pay what they have not got because of the failure of the Government to support them. I ask the Government, therefore, to accept this motion, and hold out some hope that compensation or recompense will be made to those farmers for the loss they suffered, and suffered in support of the law and order and good government against the efforts to establish Socialism and perhaps Bolshevism in this country.

I beg to second the motion moved by Deputy Heffernan. The Government should seriously consider the position of men who, because of their civic spirit and their wish to uphold law and order, have been penalised through the neglect of the Government to protect them. It is the duty of the Government now to recompense these men for their loss. We do not ask that men who suffered loss by reason of supplying the Red Flag factories should be recompensed, but we ask that those men who, on the strength of the promise made by the Government to stand by them, withheld their supplies of milk from the Red Flag factories, and were compelled to destroy their milk, and to see their butter destroyed because of the Government's failure— we ask that the Government should recompense them for the loss they have suffered. Deputy Heffernan pointed out that these men are called upon to pay land annuities and to pay their local taxation, and that by reason of failure on the part of government they are unable to do so, and surely, it is scarcely fair to ask them to carry out their obligation on their side, when the Government, on its side, failed in their obligation to those people.

I am not quite sure whether the seconder of this motion is in agreement with the mover. When Deputy Heffernan sat down, I was inclined to rise and support his motion, but the speech of Deputy Wilson suggests that there is difference of opinion between the mover and the seconder. I am not familiar with the details of this case but, as I understand it, a number of people supplied milk to the Creameries after the closing down by the Condensed Milk Company and owing to certain action taken in the Courts, by Messrs. Cleeve and others, the suppliers of milk have not been paid and cannot be paid. I think that the motion certainly justifies some consideration of their case.

On a point of explanation, Deputy Johnson must have misunderstood my speech. I had no intention of asking the Government to grant compensation to men who supplied milk to the Red Flag factories. My point is, that compensation should be given to men who did not supply milk to the Red Flag factories.

Then the motion is not correctly drafted. The motion is: "That the Dáil is of opinion that special measures should be taken by the Government to recompense the suppliers of milk to the Creameries of the Condensed Milk Company of Ireland for the losses which they suffered." It appears that the people whom the Government has now to recompense are the people who did not supply milk to the Creamery——

When the creameries were taken over by the Red Flag workers they ceased to be the creameries of the Condensed Milk Company. We mean creameries that had no dealings with the Red Flag. If I had said "Suppliers of milk to the Red Flag" the Deputy would have been right.

I do not want to turn this statement to any particular section in this matter, but I am very much surprised that the Deputy should put himself in the position very much more serious than those who seized the creameries. The seized creameries all belonged to the Condensed Milk Company. They did not belong to those by whom they were seized. However, I leave that with Deputy Heffernan and Deputy Wilson, and I take it that if the Dáil passes this motion it does not mean what the motion says. The position, as I understand it, is that in the view of the people engaged in the factories it was to the mutual advantage of all of them —milk suppliers, farmers and creamery operatives—that an outlet should be maintained for the milk. If the creameries had been closed, as Messrs. Cleeve desired, what would be the position of those who hitherto supplied the milk? What would they have done with their milk? What would they have done with the milk which they were not compelled to do afterwards?

In some cases, as Deputy Heffernan pointed out, butter was sent to the market and scattered about the streets. There was definite loss there, and I think I may be right in saying that such loss would come under the Compensation Clauses. But in the other cases what would have become of the milk if the company had closed the doors of the creameries, and the men had left them closed?

On a point of explanation, if they had been permitted, these suppliers could have supplied to co-operative creameries, but on account of the trade dispute these co-operative creameries were forced by their workers to refuse to accept this milk.

It would be better if Deputies would not interrupt Deputy Johnson. Deputy Heffernan has the right to reply, and he can answer all these points.

I am very glad to have this information. As I stated, I am not fully aware of the facts, and I would like to be informed fully as I go on. If further Deputies go on informing me, I should be quite a wise man when this debate is finished. According to Deputy Heffernan, the majority of the suppliers, or, at least, those who are organised, decided that it was better that the creameries should remain closed. Deputy Wilson says that if they had not been interfered with they would have found an outlet in the co-operative creameries, and that the co-operative creameries would have been glad to receive their milk. No doubt co-operative societies are a very useful stand-by for farmers. Whether they would have been so appreciative of the difficulties the farmers were in at the time as to relieve them of their difficulty I do not know. Deputy Heffernan is in a better position to say that than I am. Unfortunately for the co-operatives, in too many cases farmers who ought to be supplying them in normal times only come to look to them in times of trouble. They leave them to go into bankruptcy because Messrs. Cleeve and the others tempt them to leave their true allegiance. Then, when difficulty arises, the farmers look for an outlet through the co-operatives. Because something has interfered with the free movement of the non-co-operative farmers, who desire to take advantage of the existence of co-operatives, complaint is made. It seems to me that the position of these farmers, while, no doubt, unenviable, is no worse than that of many people who were interfered with in other businesses in that period.

I do not know what the proportions are of those who supplied and those who refused to supply. I would certainly think that a case is made in favour of those who supplied and were not paid. But, after all, there was a not unreasonable way out in this case. If my information is correct, the farmers were invited to assist in maintaining the outlet. By refusing to do that, they practically said "We stand by Messrs. Cleeve & Co. in sabotaging this industry." They said: "We must have thirty-three and a third per cent off wages." Because that reduction was refused, the factories were closed. It was suggested to the farmers that they should be kept open, and that a full account of every item should be rendered to Messrs. Cleeve. The farmers refused and, of course, disintegration set in and, if the accounts of Deputy Heffernan are right, certain demoralisation set in, and that caused very serious troubles. I am not pronouncing any opinion upon the merits or morality of the proceedings. I think there was the possibility of maintaining the suppliers of milk in reasonable prosperity, of keeping the factories working and the men engaged, and that a due return to Messrs. Cleeve or the Condensed Milk Company would have been rendered of everything brought into action, had the farmers during the operations maintained——

The red flag.

The supply of milk. The manufacture of the milk into butter could have been continued and the sale of that butter could be conducted on behalf of the joint operators. The term "red flag," used by Deputy Heffernan, does not frighten me. It has quite a respectable history, notwithstanding the gibes. The other flag, which Deputy Wilson would now like to sail under, had equally disreputable epithets thrown at it once. Possibly, even the red flag will become respectable some day.

Possibly.

It is really unwise of Deputies, who want to treat a matter of this kind with any seriousness, to simply throw an epithet about and expect passions to arise in response. I hope we are getting away from that state of mind. But I think there is something to be said in favour of the motion, and if it is moved in its present form I shall certainly support it.

Before the President says whether he is inclined to accept this motion or not, I would like to state why it is my intention to vote against it. Until I heard the explanation of the mover of the motion, I would have been inclined to vote in favour of it. He has gained the credit for changing the opinion of one Deputy who was in favour of the motion before he heard the explanation. In one portion of his speech, he said that the farmers in Clonmel and Waterford had to spill the milk out on the grass, and that for a time they endangered their health. I think it would have been more charitable if those farmers had looked around and distributed that milk to the workers' families in Bansha, and Cahir, and Oola, and other places. That would have been better than to spill out the milk and endanger their health. It is all very well for any Party in the Dáil to ask for compensation. Of course, the Minister for Finance will want to know where this money is going to come from. I am sure the President will not be willing to instruct the Minister for Finance to float another loan to pay these demands. I was told the other day in answer to a question that it was not the intention of the Minister for Finance to give grants to mill owners in order that they may reconstruct their mills.

I sincerely hope that it is not the intention of the Government to give compensation to those farmers who had an opportunity at the time of settling with their workers. As other Deputies have explained, if a strike took place, and the creamery owners locked the gates, the employees were out, and I doubt very much whether the little co-operative creamery in Piltown would be able to deal with all the milk down from Clonmel, which is about fourteen or fifteen miles away. Deputy Heffernan spoke about Irregulars. I am not speaking against the men who took over the charge of those creameries. Their action may have appeared to be irregular from the point of view of some Deputies, but when one comes down to bare facts one finds that if they did not act in this manner they might have been compelled to commit crimes that would be far more serious, and not alone endanger themselves but others. If these people had been paid a living wage at the time, I am sure this trouble would not have taken place, and it is, to my mind, very peculiar kind of tactics to adopt at this stage, that, simply because the masters and men did not agree among themselves three or four years ago, they must now go to the Government to be compensated for any little losses they sustained, simply because at the time they refused to pay wages that would keep the bodies and souls of the workers and their families together. There is a factory in Carrick-on-Suir that was taken over by the workers, and I am informed it was worked and managed in a proper manner. The farmers were invited to send their milk in. They would have got the same price as was given to them before the factory was seized. When I was living in Carrick-on-Suir the employees numbered up to about 114 girls and 40 or 50 men. All these people were to be removed. The gates were to be closed on them, and they took it into their sensible heads to take on this factory, get the work done, and pay the same rates as were paid by the company who owned it. I would like to inform Deputy Heffernan and Deputy Wilson that the workers were forced out of it by an armed party, whether Irregulars or regulars I do not know. I am surprised to hear from Deputy Heffernan that a creamery that has been turned into a munition factory still remains, and that it was not blown up, either when it was evacuated by what he calls Irregulars or in a battle.

On a point of explanation, I said that the creamery that was used as a munition factory—Tipperary Creamery—was burned down on evacuation by the Irregulars, or whoever was in possession of it.

I was wondering how it could remain up. As to the red flag, personally I do not see anything wrong with it, more than any other, and I am surprised at some Deputies who fear the red flag. They are more or less suffering from nightmare, that the flag might come in the shape of some awful object at night and they would be removed out of their homes through the key-hole, or something like that. I am surprised that they did not ask the President a question as to changing the colour to green. The red flag, to some of those who spoke about it, is just the same as showing a red flag to a bull.

I rise to support the motion proposed by Deputy Heffernan, and I think the Dáil will agree that he has made a very fair case for his constituents. We are all aware that this occurred at a time when the life of this State was in jeopardy, and when a number of our citizens went out, each with a Constitution in his pocket, prepared for the future of the State, and who was prepared to go behind the barricades and fight for that Constitution. I never heard during all that fight between men who called themselves Free Staters and Anti-Treatyites, that ever an Irregular fought under the flag that we are sitting under. The reason I rise to support the motion is because of the fact that those incidents occurred under the red flag. God knows, we have had enough of battles of flags in this country, and I am not one of those who wishes to change any flag until such is the decision of the majority of the citizens. I feel that this red flag is the flag of revolution, and I disagree with the statements made by the leader of the Labour Party. We all know that it was the flag of revolution in Russia, and there is no use in mincing words. When the Government had a very difficult task to perform in trying to restore law and order, these men went out under this flag, took advantage of the situation, and caused further trouble to the Government. Deputy Lyons says that there is nothing dangerous about the red flag. Well, the first time I saw it was stopping an engine. We all see it on the railways every day in the week in the guard's hand. I might get under the engine if it was not there. I have no objection to any flag being used in a constitutional way, or waved in a constitutional manner, but I have a very strong objection to any citizen of any State leading a number of men under that flag to smash up machinery which it took years to put there, and to destroy and injure what was maintaining the lives of the people in the district, and I say that such tactics should be put down with a firm hand. So far as I am concerned, I hope that the evil roots of that tree will not extend to this country until the tree is as dead as the man who hoisted it in Bolshevist Russia. I like a man to be a man. Leaders of men and of parties in this country must not be backboneless leaders, but men who will speak out and tell their followers to act in a constitutional manner.

On a point of order, what are we discussing? Are we discussing red flags, or leaders, or creameries?

It would be better if the Deputy would confine himself to the motion.

They should not lead men into the meshes of a net that smashes up their means of livelihood, for the sake of creating a strike or a revolution, or for assisting people trying to pull down the fabric of the State. I think that if there is any sense of duty in the Government they will hearken to the appeal made my Deputy Heffernan and grant compensation to the men who have sustained these losses. I have no sympathy, any more than the Deputy, with the men who went and bent their knees to those who hoisted the red flag. I think that was weakness on their part, and I think, further, that the men who sustained these great losses and had the courage of their convictions to stand by while their machinery was smashed should not be forgotten by the State. I hope the Government will pay attention to the motion.

The Damage to Property Act lays down the terms which have been passed into law, under which compensation can be paid in respect of losses sustained from the 11th July, 1921, until the 12th May, 1923. That Act was before this Dáil and before the Seanad. Its introduction, I think, took place somewhere about December, 1922, and the Second Reading passed the Dáil, I think, on the 8th February, 1923, and it occupied a very considerable space of the time of Parliament in formulating proposals which, in the light of all the circumstances, seemed the best to the Oireachtas to provide compensation for those who had lost. At this stage, something like eight or ten months after the Act had passed, it is a little disappointing that a case should be made in respect of, I am sure, a relatively small section of the community, that either this Act did not cover them or that special legislation should have been passed in respect of them. If they cannot be compensated under the Damage to Property Act— and I would like to stress the fact that there were representatives in both Houses of the interests of the people who now claim compensation—it is rather strange that we should be asked now to extend in respect of one particular section of the community what we have laid down all along we could not compensate for, and that is a consequential loss. This is either a consequential loss or it is not. If it be not the claim comes under the Damage to Property Act; if it is, and that we are to open the door here, where can we close it? Deputy Johnson made a case in respect of men who had lost their employment by reason of the troubles. A very good case he made, but it was ruled out on the very same grounds we ruled out the claims of business people in respect of losses sustained by reason of the hostilities.

The question of revolution does not arise. We did not raise that question in connection with any of the other compensations that we were paying, and the fact that revolvers were used does not arise either, for provision was also made for that in the Damage to Property Act. The deputation which came here, I suppose in May or June, 1922, saw a Minister. If I took correctly the statement made by Deputy Heffernan, the Minister said:"We are in a position to compensate"—a very safe statement that. I am examining it now from quite a number of different angles. First of all, if he were standing on his cash-box at that time he was in a position to compensate as compared with his position standing on his cash-box now. On the other hand, there was certainly no undertaking to compensate. Reading the resolution one would take it that, if the Deputy has correctly interpreted that promise, every person who had been a supplier of milk to this creamery, whether during this particular period he sent in the milk or not, would be entitled to compensation. If the Minister said:"We are in a position to compensate," he could not have had in mind that he was going to compensate those who, in the mind of Deputy Heffernan, were helping to keep a particular colour of a flag over the place, or those who, in agreement with Deputy McKenna, refused absolutely to supply. When people speak about Government protection they ought at least to examine the circumstances of that particular period. A government had only just, one might say, come into existence with immense responsibilities; with no police force, and one might almost say, an unorganised army. At the period in question it is more than possible that we had no more than three thousand troops, if we had so many, under arms, and while the ordinary citizen could say, "I am called upon to pay my Land Commission Annuities, and my rates, but I must get protection or I will not pay one or the other," these were not the terms into which he entered when he purchased his land. He purchased his land on the condition that he would pay that Land Commission Annuity, and by reason of his agreement he got a considerable reduction in his rent, which a great number of other citizens have not got yet. With regard to rates, that is a liability which is common to mankind, much the same as measles or scarlatina. If they say they will not pay, I am afraid they are taking up much the same lines, but maybe in a gentler way, than the gentlemen who raised the obnoxious flag on the premises in question.

I did not say that we would not pay. I said we could not pay.

I am hearing that from almost every section of the community, from the working people up to the so-called rich. The latter tell me they cannot pay their Income Tax, and the others say they cannot live because of the cost of living. I discount all these statements, perhaps, unreasonably, but I am in much the same position myself, as I find it difficult to pay also. The difficulty in this case, is that this is made a special case for compensation, on the grounds that they were unable to help themselves in this neighbourhood, and that they suffered severe loss. Who is there in the country who did not lose during that period in business, in labour, in any walk of life? Take the case of the railways. If ever there was a case which could reasonably be sustained for compensation for disturbance, it is the case of the Great Southern & Western Railway, which lost three quarters of a million in revenue that year. We are not paying that, and, as a result, quite a number of widows and orphans, and other people like that, suffered. Their property is depreciated, and there must be a very severe loss to be sustained.

There are people in business who, during the period of the attack on the Four Courts, lost their business. Some of them lost very much more than their business during that period. We were not in a position to compensate a single one of these people for consequential losses. We were not in a position, and we are not in a position to compensate a very large number of people who, during the last 4, 5, or 6 years, entered into this trouble to secure the position we are in now, and to make it almost certain that those farmers in future will not suffer the losses that they suffered during that period, from May to September, or whatever the time was. If the basis of compensation that is laid down in the Damage to Property Act is not a good basis, at least, it was long enough before the people for them to have pointed out to us what its defects were. The Deputy, I take it, is representing the same constituency as the Minister for Local Government. The Minister for Local Government went down to that constituency after the passing of that Act, which did not compensate these very worthy constituents of his, and who, according to Deputy Heffernan, ought to have been compensated, and he topped the poll. Submitting it to such an extensive jury as that, he got a verdict for good service in his county. His constituents rewarded him for good service, and they marked their appreciation of that Damage to Property Act, and of him, by a majority of something like 12,000 votes. I think, in the circumstances, it would not be possible for us to agree to this resolution being passed.

Before Deputy Heffernan replies, I would like to say a word or two in connection with the statement made by Deputy McKenna. It is perfectly easy to indulge in platitudes in discussing a matter of this kind, platitudes which, I have no doubt, will be in leaded type in the newspapers in the morning. In any movement that the workers may make in this country some people always like to hold up the Red Flag in defence of that particular movement. Deputy McKenna says that this country suffers from backboneless leaders. One might infer from reading his statements in the morning that the Chairman of this Party might be looked upon as a backboneless leader but there is one thing this country and this Dáil will have to give Deputy Johnson credit for and that is that during the last 12 months he said the right thing at the right time in connection with sabotage in this country. Deputy Johnson has always been a fearless leader of this Party and he has said what he thought fit at the proper time and has saved this country, I think, a lot during the past 12 months. So far as I am concerned, I have always advocated that the workers should move constitutionally. I deprecate and I disagree with anything such as has been done in County Tipperary where machinery was destroyed, because I do not think it is in the workers' interests or in the country's interests that such a thing should take place. I have a distinct recollection that during the passing of the Compensation Act through this Dáil Deputy Johnson moved an amendment which would give consequential damage and which would embrace claims of this kind. I have a distinct recollection of the Party to which Deputy Heffernan belongs having voted absolutely against it. I want to know what the particular Party that Deputy Heffernan belongs to would think if we, on behalf of the workers in factories that were burned down in this country, during the last 12 or 18 months, advocated that the workers should be paid for all the hours, all the minutes, and all the days they lost. These men who were dependent absolutely for their livelihood, day after day, on these factories had no chance of getting anything by way of compensation for their losses and I think that they had a better claim than the landed people of this country, who had something to fall back upon. As I said before I do not think that it is a good thing for anybody to indulge in platitudes in this Dáil in a matter like this. I think that Deputy McKenna went a little too far. The Labour Party are able to look after their own interests. So far as the flag is concerned, it is merely an emblem. The flag will not make any man do anything. As Deputy Johnson said, there were things said about the flag that is flying over this building, but that flag survived it all, in spite of what many people said.

We advocate Constitutionalism. I do certainly. I do not want to see anybody breaking up machinery in this country. I want to see everything done in a constitutional manner.

I rather hoped when I introduced this motion that I would get the support of the Labour benches in the matter. I was very pleased to hear Deputy Corish say that he, and I think his Party, were prepared to support Constitutionalism and to carry on the agitation for their ends by Constitutional methods. From my knowledge of the Labour Party, and from the attitude which it has taken up in matters in this Dáil, I had expected that he would not have attempted to boister up or to suggest that this movement should have been supported by the farmers, or that the farmers should have become partners in the illegal seizure of these creameries. I have refrained from entering into any acrimonious discussion with the Labour Party. I thought the Labour Party, or the leaders of the Labour Party, would have taken advantage of this occasion to repudiate any connection, direct or indirect, with what happened on that occasion. I am sorry to say, judging by the remarks of Deputy Johnson, that I cannot come to the conclusion that they repudiated that connection.

I am not quite sure that I caught the reference of the Deputy, but if he suggests that I or any member here was a party to the actual operation of seizing these creameries, then, of course, he is saying what is not true. I am prepared, before the Dáil, or anywhere, to justify the attempt to keep in operation any machinery of production in this country.

I did not mean to suggest that Deputy Johnson was a party in any shape or form to the original action, but I do not think that he has justified, or that anybody can justify, the keeping of a concern going by illegal methods and by resorting to crime. There were at least three parties to that matter. There were the workers, the owners of the creameries, and the suppliers. The suppliers were not considered, and the property of the owners of these creameries was taken over and they were not consulted, and they were not parties to the taking over of that property.

A LABOUR DEPUTY

They were consulted.

They were consulted with regard to the wage matter, but, I am sure, they were unwilling parties to the taking over of the Creameries. Now, with regard to the President's defence of the action of the Government in not bringing this matter within the Property Compensation Act, I am rather inclined to think that this particular matter differs greatly from the many different matters which would be brought forward in an attempt to get compensation for consequential damage. We know of the many ridiculous claims that have been made for consequential damage— loss of trade, loss of different things which occured owing to the Irregular régime. This is a definite, feasible claim which could be substantiated. It deals with a section of the community, but not a small section of the community, and it took from them not a small portion of their earnings, but the full portion of their earnings during one full season. I do not agree with the President when, to a certain extent, he repudiates the liability of the State to give protection to those farmers. When those farmers purchased their land, and bound themselves to pay the annuities, it was, I am sure, tacitly understood that the State took up the obligation of protecting them, and keeping them in a position whereby they would be able to meet these annuities when they fell due. I do not think that it is fair to make a comparison between the little farmers in Tipperary and Waterford, and other places, and the Great Southern & Western Railway, or to say that they are in a position, or suggest that they are in a position, to bear the losses they suffered equally as well as the shareholders of that railway. I assure him that there are many farmers down there who are in a bad position and not able to pay their annuities. They are now being writted, and they are being forced into the courts of law to meet the demands which the Government are making for those annuities. I think it would not have been unreasonable, in view of the promises which were made, or the implied promise when the Minister said: "We are in a position to give compensation," that some steps should be taken by the Government to give compensation to those who suffered losses by not supplying milk during that season. I am sorry that in wording my motion it was worded in a manner which, to a certain extent, is misleading, but I am sure that the Dáil will accept my intention when putting the motion down. I would suggest to the Government that there is another way out of this matter. There are many things in connection with this seizure which have not been cleared up, and many things have not been accounted for.

There is, for instance, the butter which was sold and the money which was got for it—these are things that have not been accounted for. These should be returned into the hands of those who were, in the first place, responsible for the supplying of milk which produced this butter. I suggest that the Government should consider the advisability of appointing a small Committee of Inquiry, or an Inspector, to inquire and get hold of all the facts in connection with this case. It is hardly fair to ask a great number of small farmers to enter into complicated law cases with the Irish Transport and General Workers' Union, with, perhaps, the owners of Messrs. Cleeves' creameries, and with many other parties throughout the country to elucidate to whom these moneys belong. In view of the statement I have made, and my obligation to my constituents, I cannot see my way to withdraw my motion.

I would like to say with regard to the President's remark with reference to the Minister for Local Government at the last election, that when the Minister went to Tipperary to contest this election it was not contested on the issue of compensation to those who lost money owing to the Red Flag regime. It was contested on other issues altogether, and I am perfectly sure if the Minister for Local Government went to the people of South Tipperary and said: "I am fully prepared to tell the Government not to compensate you for the losses you suffered owing to the Red Flag regime," he would not have got in by a majority of 12,000 votes but, if he got in at all, he would have got in by a very narrow majority, indeed.

Is it the motion as written that we are voting on?

Could you give me permission to change the wording of the motion to make it perfectly clear what my intention was in putting the motion down?

We cannot change it now.

Motion put and declared lost.

I ask for a division.

Your are late now. The Dáil stands adjourned until 3 o'clock to-morrow.

The Dáil adjourned at 8.40 p.m. until 3 o'clock, Thursday, 21st February.

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