asked the Minister for Justice if he will state (a) what are the duties of the Gárda Síochána in connection with the administration of the Cinematograph Act, 1909; (b) who are the responsible authorities for approval or otherwise, as to the suitability of the premises or places where cinematographic entertainments should take place, and (c) what authority is responsible for seeing that the provisions of the Cinematograph Act are put in force and carried into effect.
CEISTEANNA—QUESTIONS. ORAL ANSWERS. - GARDA SIOCHANA AND THE CINEMATOGRAPH ACT.
(a) Under the Cinematograph Act, 1909, premises used for cinematograph exhibitions fall into two classes, (1) those which require to be licensed by a local authority, and (2) those which do not require to be so licensed, that is, premises in which not more than six exhibitions are given in any one year. The Gárda Síochána have no functions in regard to the licensing of premises, but are entitled to receive at least seven days' written notice of intention to apply for a licence or transfer. They have, however, been instructed to bring at once to the notice of local authorities any case in which they have reason to believe that the conditions of the licence or the regulations made under the Act have not been complied with. Where the premises do not require to be licensed notice in advance must be given to the Chief Superintendent of the area in which the premises are situated of the intention to give a cinematograph exhibition. On receipt of such notice the premises will be inspected by the Gárda and in the event of an exhibition being given in unsuitable premises a prosecution will be instituted. Any Gárda may enter at any reasonable time any premises, whether licensed or not, in which he has reason to believe that a cinematograph exhibition is being given or about to be given, with a view to seeing whether the provisions of the Act or any regulations made thereunder have been complied with.
(b) The licensing authority is for a county borough, the county borough council; for an urban district, the urban district council; or the town commissioners, as the case may be, and in any other case, the county council.
(c) The local authority as so defined is the responsible authority for seeing that the provisions of the Act, in so far as they relate to licensing, are carried out. The Minister for Justice will ensure that the Gárda Síochána discharge the duties imposed on them by the Act.
Is the Minister contemplating the enlargement of the powers of the Gárda in case they see that the law is not being carried out so as to prevent accidents like that at Drumcollogher rather than wait to prosecute until an accident has taken place?
I have not such legislation in contemplation.
Would the Minister give consideration to that aspect of the matter, because fear of prosecution may be very effective, but, if it is not effective in a particular case and many lives are lost through fire, prosecution is not going to be any remedy?
The Deputy understands that legislation of that kind would embody the principle that the Gárda are, in fact, the summary judges of whether or not the requirements of the Act are being complied with. In the other case a performance takes place and the Gárda bring a prosecution, and the Court decides whether or not there has been a breach of the statute. If you give to the Gárda powers of prevention you vest in them the power of deciding whether or not the Act has been complied with.
Where there is a flagrant disregard of the law, such as having a candle burning in contact with films, surely there ought to be some power given to the authorities to prevent that happening and not wait until a disaster happens before instituting a prosecution.
I will consider the matter.