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Dáil Éireann debate -
Wednesday, 15 Dec 1926

Vol. 17 No. 9

EMERGENCEY LEGISLATION— THE PRESENT POSITION.

I should like to make a rather general statement to the Dáil about the situation as it stands under the recent Emergency Powers legislation. Deputies will have seen from the newspapers that yesterday those persons who were interned under the Act, some fifty in number, were released. That step was taken because, in the opinion of the Executive Council, a situation does not now exist in the country which would warrant the continued detention of persons against whom it has not been found possible to formulate any charge. About a month or six weeks ago, certain Gárda stations were raided by armed men and the unarmed garrisons were subjected to a certain amount of humiliation and injury and, in two cases, two members of the Gárda were murdered. One wonders just what the object of all that outrage was, just what was hoped to be achieved by it. If one could strike something in the nature of a national balance sheet from these occurrences, it would make sorry reading. Two young men murdered, two families stricken, the reputation of the country injured, a handle given to the many who are glad to seize on every incident of the kind to deride and defame the country. On the other side, what can be set? What useful or constructive thing can be set as against all that shame and sorrow? One cannot see it.

So far as I have been able to get information on the matter, the position was this: There is in the country this unlawful subterranean military organisation. People up and down through the country have retained a connection, an association with that organisation. That connection differed very much in degree and in reality in many cases. Some who were prominent in activities of this kind in the years 1922 and 1923 have retained a nominal connection, and, in some cases, a nominal rank in that unlawful organisation, but have been tending more and more to become entirely inactive and to accept the duties of citizenship, to obey the laws of the State. Then there is a new vintage. Young men, boys of fourteen, fifteen, sixteen and seventeen years of age, seized on by propagandists, mostly feminine propagandists, are inspired to commit utterly ruthless, desperate, irresponsible actions of this kind. Amongst the fifty odd persons who were interned, I would not place very high the proportion whom we believe to have been privy to these occurrences. I would place very high, in fact I believe that the entire number had an association of greater or lesser reality with the subterranean military organisation which it is sought to continue in the country. There was pressure from below in this organisation in favour of those outrages, and there was also objection from below. The hierarchy, the so-called headquarters staff of the organisation, did a thing that is rather unusual for a headquarters staff: they authorised, as distinct from ordering, these raids on the Gárda stations.

As a result of those raids, as I say, grave injury has been done to the country, quite apart from the sorrow inflicted on the humble families to which the murdered men belonged. Yet it has been decided to release those fifty persons. As I say, I am not disposed to believe that a large proportion of that number were privy to the actual raids. I believe that all, or almost all, are still in some association with this unlawful military organisation which we know to exist.

It may be asked, and I hope will be asked, by Deputies and by people up and down through the country why the Government decided to take the step of releasing these men. I believe it will be thought—I even hope it will be thought—that we are lenient, foolishly lenient, almost criminally lenient, with those persons in the way we are dealing with the entire situation which has arisen and which necessitated this emergency legislation. These men are being released in the hope that even now the persons who have been responsible for endeavouring to maintain in the country an unlawful military organisation will realise that the continued existence of such an organisation, while it can achieve no good and no useful thing for this country and its people, can do, and is doing, serious harm. The reaction of the general public to these occurrences was good, quite good, and the action of the Dáil and the Seanad in passing in a very short space of time the legislation which was thought necessary was simply an index and a reflection of the state of public opinion throughout the country.

We are told that the excuse for these raids on stations occupied by unarmed policemen was that it was believed that in each station there was kept a large ledger, presumably with gold lettering on the outside, in which the names of persons giving information to the police would be kept, and that it was desired to consult these ledgers with a view to punitive action against the individual. I do not for a moment believe that any person, even foolish persons like those who go to make up this unlawful military organisation, believe anything of the kind. What was desired was some form of activity, some definite action, to enable them to hold their dwindling numbers together, to enable them to give those foolish young boys whom they are able to draw into the net of their organisation the belief that they were heroes and patriots doing wonderful work for the advancement of the country and its prospects. Something had to be done, and a safe thing to do was to visit in this way, armed to the teeth, these little stations occupied by four or five unarmed men. Well, they have had the experience of that, and they have seen its reaction on decent public opinion throughout the country: they have had whatever thrill and pride and pleasure it gave them to participate in activities of that kind and to murder two unarmed policemen in the course of those activities.

I wonder are they pleased with the result, and viewing the situation generally, whether they think that to persist in sporadic outrage of this kind is a course that is likely to produce any useful results in the future. It is to give them an opportunity of viewing the situation in the light of these recent occurrences that the men who were interned have been released. At any rate it cannot be said that these incidents, five or six barrack raids throughout the entire State, were seized on by the Government to give an excuse for energetic, vindictive or punitive action against any large section of persons in the country; but if there is a recurrence of outrage of this kind, if there is this challenge repeated on the physical plane—on the direct action plane— then it will be the duty of the Dáil, I submit, to consider that as a new position and to recognise the fact that there is in existence in the country an unlawful military organisation challenging the peace, stability, prosperity and good name of the country. If there is a recurrence of incidents of that kind I will have advice to give to the Dáil and proposals to make to the Dáil which are not covered by the Act which the Dáil and the Seanad passed in the course of four or five days immediately following those barrack raids.

There is one matter that I think I should refer to here. I do not know where I could refer to it more appropriately. Deputies are aware that letters which are inadequately or wrongly addressed are opened in the Post Office with a view to their return to the sender. From time to time communications have reached me that were opened in that way in the Post Office because of wrong or insufficient addresses that show an interesting fact. A certain amount of ingenuity is displayed. I got one such communication lately in an envelope bearing a date in the present month. Such a date of December, 1926, was the date of the stamp mark, and in that envelope there was a communication of a very serious nature. The date on that communication was such a date of December, 1923. In other words, in the event of that document being captured with any person or in any house it was to pass as a stale document: some remnant of "old, unhappy, far-off things and battles long ago," and the District Justice or the Circuit Court Judge who would be asked to take cognisance of that document and its contents was to so regard it. The year was 1923. It dates back prior to the Treasonable Offences Act and to the period of active civil war. Consequently, the court will not feel called upon to take very serious notice of it. Now, knowing these things and knowing the perverted ingenuity that is at work in matters of that kind, it is, I think, right that I should make public that information—that these dates are not genuine dates. Every device that could be resorted to is resorted to. The letters are not signed. They are merely initials, and the year given is 1923, when, in fact, the genuine date is in the current year.

People are endeavouring very frantically and very energetically to hold this organisation in existence—to what end? To what end is there a persistence in endeavouring to get into the country large supplies of ammunition and occasional consignments of arms? The other night, in a house on the north side of the city, close on 50,000 rounds of ammunition were discovered. Who is that ammunition to be used against? What do people responsible for endeavouring to maintain this organisation in existence, hope to gain? To put it quite crudely, who are they going to shoot and why, and to what purpose? These people talk about independence and about the sovereignty of the Irish people in Ireland, but they are the only section in the country challenging the supremacy of the Irish people in Ireland. They talk about the unity of the country. They are a most serious factor impeding the unity of the country. They talk about Great Britain as Ireland's only enemy. Ireland's only enemy at the moment is this small section of individuals in its midst who are insisting on prolonging this absurd challenge on the physical plane, on the plane of direct action. As I say, I do not want to comment now by way of criticism on what might be considered the shortcomings of a Bill which was hurriedly passed to meet a special situation, but I do say that if there is a recurrence of this particular kind of trouble I will have proposals to make to the Dáil different from those which are embodied in that Act.

The present action of turning free these men, whom we know, or at any rate believe, to be in association with an unlawful military organisation in the country, is to show that there is no tendency on the part of the Executive Council simply to seize on to these five or six barrack raids with a view of taking vindictive, punitive action on a large scale against any section of our citizens. But this challenge, this direct physical challenge, must end, and if it does not end, it will be the duty of Deputies in the Dáil, representing their constituencies as guardians of the public interest, to give their support to any and every proposal designed to end it.

There is another matter to which I wish to refer. I refer to it with deep regret and a feeling of humiliation. In one area in Co. Waterford, under the provocation of these raids, under the provocation of the murder of two of their comrades in other districts, one of whom had served in Waterford and was popular amongst his comrades in the force, the police seem to have been guilty of a deplorable abuse of authority and to have subjected to physical ill-treatment certain prisoners in their charge. When I received reports of that nature I had the matter investigated by a senior officer of the Gárda Síochána who was sent down from Headquarters to investigate these occurrences over the heads of all local officers. I have received the report of that officer, and while he found, as I suppose was natural, a certain conflict of evidence as to the degree of injury in particular cases, the broad fact is borne out by his report that occurrences of the kind I have described did undoubtedly take place.

I want to make it quite clear to the Dáil and, through the Dáil, to the people, that there is no disposition on the part of the Executive Council or any member of it to countenance or approve methods of that kind. This State can be maintained, and this State must be maintained, without resort to methods of that kind and, as the Minister responsible for the discipline of that particular force—responsible through the Dáil to the electorate—I want to say that I apologise through the Dáil to the people, as well as to the individuals who suffered injury, for this excess and abuse of authority on the part of the servants of the people.

I propose, with the consent of the Executive Council, to set up a committee to hold an inquiry into these occurrences, to fix responsibility and to make recommendations as to compensation. The compensation will be borne by the persons who are found to be responsible in each case.

The matters the Minister has dealt with are exceedingly important. There is no Deputy in the Dáil who will not recognise the necessity for the putting down of any attempt to upset the Government of the country—the established Government —by armed force, and the fact is known to everyone that the Government is armed with very extensive powers to this end. One cannot hear with satisfaction, though, the kind of veiled threat of some hitherto unheard-of measures which the Minister has at the back of his mind and which will be brought into effect if and when something happens. I think it is almost necessary that we should ask the Minister, if the existing legislation is not effective in dealing with what he says is an offence against the law of the State, what other measures he has in mind that he has not yet exercised or asked the Dáil to empower him with that could, and would, deal with these particular organisations.

Surely it is not suggested that drastic measures are to be taken against people who are not offenders—that drastic measures are to be taken to deal with people who may be suspected. I certainly would have thought that the powers contained in the existing legislation were ample to deal with any offenders; but the trouble with the Minister appears to be that he cannot find the offenders. However, while feeling that I ought to protest against the veiled threat that certain measures will be taken if certain things happen, I will pass from that.

The Minister has told us that he proposes to set up a Committee to inquire into certain violent acts committed by certain members of the Gárda Síochána upon citizens of the State with a view to compensating the sufferers, and the burden of the compensation will be borne by the offenders. I am quite sure the Minister has considered the position from every point of view, but it is a serious proposal to make, because it implies the retention in service, presumably without disciplinary action, as otherwise they would not be able to pay the compensation, of men who are presumed to have been guilty—men who will be found guilty, presumably, by a Committee—of offences which should be reprehended, and which are undoubtedly reprehended by the Minister and by every Deputy in the Dáil.

I think it is really necessary to remind ourselves that when we set up a force empowered to act as a physical force—that is, to arrest citizens or to shoot citizens—to deal with them as an armed body in some of these cases whether as a police force or an army— we organise that force because of the very fact that it is necessary to prevent men letting run their passions. We want to insist that there shall be discipline and self-control, and that is the real meaning, as I understand it, of an organised police or an organised army. Unfortunately, we have had too many occurrences where the methods were certainly not in accordance with regulations, and certainly not in accordance with the intentions of the heads of the police or the army; they were occurrences where members of the Gárda, mainly C.I.D. men, used violence for the purpose of extracting information. It is a most unfortunate fact that we cannot deny—and the cases in question are undoubtedly proved—that severe mauling of prisoners took place, at the hands of the Guard, during the time they were in the charge of the Guard.

Now, provocation may be said to have taken place, and it may be said the men acted in hot blood. But that is the last thing that we should condone when we are dealing with a police force, and particularly with a force that is armed. If the Ministry is going to allow to pass action of that kind on the part of a police force at this time of the day, after two or three years' training in discipline—if the Ministry allow it to pass with the obligation to pay compensation to the injured—I am afraid it is not a very effective means of checking similar excesses in the future. I fear that the method taken by the Ministry in this matter is not likely to have the effect which I am sure the Minister himself desires, and which I am sure every member of the House feels necessary.

We must bear in mind that the people who were maltreated were innocent of the suspicion, but whether innocent or guilty it should make no difference, because on the policeman lies the duty of guarding the man in his charge, even against the violent civilian who may have ill-will against the prisoner. If it can be admitted, as it is admitted by the Minister, that men in the hands of Guards on suspicion are severely maltreated and mauled, apart from the question of compensation to the prisoner, I certainly would feel that it is necessary to have some assurance from the Minister that there is disciplinary action taken within the force so that there can be no suspicion, or suggestion of suspicion, in the minds of the Gárda that this offence is condoned or looked upon with light regard by the authorities. I cannot imagine that the procedure suggested by the Minister is likely to be effective in preventing the repetition of these excesses.

The procedure which it is proposed to follow is the procedure provided for in the Police Act of 1924. Section 12 of that Act as extended by Section 18 of the Police Forces Amalgamation Act of the following year provides:—

"It shall be lawful for the Commissioner or any other member of the Dublin Metropolitan Police not being of lower rank than Inspector nominated for that purpose by the Commissioner, or for any person nominated for that purpose by the Minister to hold an inquiry and to examine on oath into the truth of any charge or complaint of neglect, or violation of duty preferred against any member of the Dublin Metropolitan Police, and also by summons under his hand to require the attendance of any witness at such inquiry."

It is under the powers conferred on me by that section that I propose to proceed, with this addition, that I will ask this Committee not merely to investigate the truth of these charges and fix the responsibility, but to make recommendations as to compensation, in which case the compensation will be paid if, within the disciplinary court and regulations of the Gárda, it is decided to dismiss any portion of the force. In that case the compensation will be paid by the State. What I meant by saying that compensation would be borne by an individual found to be implicated was this: If any of the individuals found to be implicated remain in the force it will be on the basis of themselves shouldering such compensation burden as may arise from their action. I would not have advised this course to the Executive Council and would not outline it now to the Dáil if I had any doubt that this marks the end of conduct of this kind on the part of members of the Gárda Síochána. I believe that there will not be a case of the kind again. I am aware that the senior officers of the force, the Commissioner and the other officers on his staff, take the gravest view of conduct of this kind and that they are prepared to spare no pains to communicate that view to responsible officers of the force and, through them, to the rank and file. Certainly it is the last occasion on which any plea of provocation, or extenuating circumstances, or any plea of meritorious past service, will be allowed to stand between any man and the utmost rigours, not merely of the disciplinary code of the Gárda, but of the criminal law.

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