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Dáil Éireann debate -
Wednesday, 20 Mar 1929

Vol. 28 No. 12

Private Members' Business. - Legal Practitioners (Qualification) Bill, 1929—Fifth Stage (Resumed).

Question again proposed: "That the Bill do now pass."

I rise to oppose the passing of this Bill because it singles out a great and noble profession for penal treatment by the application of compulsion. I suggest that compulsion has never had the authority of the people and that the major portion of the people are absolutely hostile to compulsion being applied to this profession in this particular way. I object to the passing of the Bill because it is harmful to the legal profession and harmful to the Irish language. Fifteen Deputies in this House have had the courage of their convictions to stand up and say that this Bill was a harmful Bill which should never have been introduced. They have offered determined opposition to the Bill and I do say, that even if this Bill passes, the service which these 15 men have rendered to the country is not to be lightly passed over. Had this Bill passed in its original form the city of Dublin would have lost much by its passing. We would have, in the first place, lost the great Law Schools which every citizen of the country should be proud of. We would have the great Law Schools of the country practically destroyed. We would have had a serious financial loss imposed upon the citizens, especially the citizens of the city of Dublin, and we would have suffered also a serious loss of prestige by the passing of the Bill.

The Minister for Finance was rather surprised at the hostile opposition given by certain members to this Bill and referred to the amount of hostility shown to the Bill. Is the penalisation that this Bill undoubtedly imposes likely to foster enthusiasm for, or help the propagation of, the Irish language in this country? If one were to regard the statement of the Minister for Finance on the one hand and the statement of the Minister for Justice on the other, I think that the answer to the question, and to the surprise expressed by the Minister, would be contained in the statement that the Minister for Justice has made. The Minister for Justice said: "It is only by the co-operation of the Bar and only by the co-operation of the solicitors that this Bill can be made a working success." Only by co-operation! Does the Minister for Finance expect the co-operation of the legal profession in a measure such as is now being passed through the House?

The Minister for Finance said if the Incorporated Law Society was to be so foolish as to try to thwart the intention of the Oireachtas it would be an easy matter to deal with them. While we have one Minister pleading for the co-operation of a great profession, a profession that has always done its duty to the people, and to the State, we have the other Minister, on the other hand, with this plain threat of what will happen should the Incorporated Law society stand up for the rights of the profession which it represents. How can co-operation be expected from any body of men under circumstances such as these? I do believe that that speech, and the speeches of those who stand for this Bill, will have very harmful reactions in the country. I suggest that recent events in this city have shown some of these harmful reactions.

References were made here to the teaching profession. Is it not a fact that even the teaching profession itself, upon which the future of Irish so much depends, is hostile to the measures at present being adopted? I suggest that even amongst the highest educationalists in this country very grave differences of opinion exist as to the advisability of compulsory Irish. With all respect, I do suggest that the Irish language should not be made the shuttlecock of Party politics. The Irish language is the common heritage of all Deputies, whether they come from the black North or from the South. The men from the North are equally entitled to claim that heritage as their right as the men from the South. The Irish language, as far as one can look at it dispassionately, quietly and without prejudice, has been reduced to the level of a bribe for those who are seeking jobs in this State. Under present conditions, the Irish language is practically the passport to every Government Department. If you cannot propagate the Irish language without the aid of this bribery, without holding out corrupt measures for its propagation, I suggest that the future of the language is gravely imperilled.

What does the Deputy call corrupt measures?

Mr. Byrne

I suggest that preferences given to the extent which they are given at present in filling up appointments may rightly and properly be termed corrupt.

To what extent?

To whatever extent, it has nothing to do with the Fifth Stage of the Bill.

Mr. Byrne

As the Minister has asked the question, perhaps I might add just one sentence in reply.

Mr. Byrne

I will say this: we have a principle involved in this Bill which is permeating steadily through every phase of the activities of this House. We have here the principle of compulsion from the first letter of the Bill to the last. I am surprised to see Deputy Davin supporting this Bill, who would not have the same principle applied to young men of fifteen joining the trade union to which he belongs.

We made you a decent offer.

Mr. Byrne

If this principle of compulsion is to be applied to the great learned profession of the law, it is only reasonable and equitable, as Deputy Hennessy said, that it should be applied to every profession and every walk of life in this State. It should, in the first instance, be applied to this House. I think when we come to take a vote upon the application of it to this House, that instead of having 110 votes in favour of compulsion we shall have 110 votes condemning compulsion.

We are all over 50.

Mr. Byrne

The framers of this Bill did not state that the standard of knowledge set for those engaged in the legal profession under the aegis of the Bill is an absolutely impossible standard. If a man in the legal profession, under the Bill as it now stands, is to qualify for practice at the Bar, his standard of knowledge must be such that he can conduct the business of his clients in the Irish language. Does anybody realise what standard of knowledge a lawyer at the Bar would require for the carrying out of such duties as this? Does anybody realise that in the existing vocabulary of Irish the standard is impossible? Does anybody realise that at present we are coining words every day to fit in with new words that we are meeting as we go along? We have been referred by the Minister for Finance to the standard in the teaching profession. I say that there is no comparison between the standard set in the teaching profession and the standard set in the legal profession. The standard in the teaching profession and the standard in the legal profession are as widely apart as the poles. If, under the Bill, a high standard of Irish had been required from those entering the legal profession, and it finished at that, not a single member of the legal profession would have objected. They would have been prepared to accept the Bill as part of the national programme of this country—to welcome the Bill and accept that standard. But here we are set a standard that it is absolutely impossible to attain. Precedents have to be quoted, case law has to be quoted, many legal terms have to be quoted, and a barrister getting on his feet before a Judge will have to coin these new terms out of the depths of his own imagination in order to comply with the standard in the Bill. That is not an exaggerated statement. The terms he will use will be purely imaginary terms.

A libel on the profession.

Mr. Byrne

When one considers, in connection with the work of this House, the difficulties that exist and the time taken in turning the various measures passed through this Assembly into the Irish language, one can realise the task that you are asking the legal profession to undertake under this Bill. I cannot understand why there should not be equality of treatment for every section of the community, why the legal profession should be selected for this special treatment. I have proved and demonstrated in this House on a former occasion that there are quite sufficient speakers of Irish in the legal profession to deal with any legal business that may arise in which Irish is necessary. The standard of knowledge laid down by this Bill is an unjust standard; it is a tyrannical standard; it is, as the Incorporated Law Society put it, an absolutely impossible standard. If this Bill were introduced fifteen years hence it would be in ample time. This Bill is fifteen years before its time. The next generation would have been ample time for the introduction of this Bill. If the Bill were introduced then the primary and secondary schools would have turned out their various quotas of Irish-speaking units, and there would be an equal chance for all. As the Bill stands at present, five per cent. of the population of the whole country will be able to avail themselves of it and the remaining ninety-five per cent. will be practically debarred from doing so. We are told by some Deputies supporting this Bill that this standard had been adopted by every other country in the world. That was purely a general statement. There has been nothing but generalities in support of this Bill. Not one genuine logical argument has been put forward to support its passing. I remind those who make those statements that they ought to look at Wales; no such standard exists there. Let them look at Belgium and they will see that no such standard exists there. The great farce of this Bill is that we are denying the right of Irish students to go to the Bar to practise unless they prove that they have a competent knowledge of the Irish language. We deny them the right to practise in their own country while, under this Bill as now framed, Scottish and English students, who have practised at the English Bar for three years, can come over here and practise when they like. So that we have a Bill giving preferential treatment to people across the water.

Some speakers from the Opposition Benches went so far as to say, "Penalise the legal profession; they deserve it." Are there not far greater and much more important consequences involved in this Bill than the mere fact that 800 or 1,000 lawyers are forced to acquire a certain standard of the Irish language that this Bill demands? This Bill when it leaves this Dáil will have done far more to perpetuate partition between the two branches of the profession in Northern and in Southern Ireland than any Bill that has ever passed this House.

What about the separate Inns of Court?

Where is Southern Ireland?

Mr. Byrne

Northern Ireland, to the great regret of the King's Inns in Dublin, set up a separate Bar. Certain causes led to that, but it was one of the most regrettable things that ever occurred to the Bar of Ireland. But instead of removing that barrier, this Bill tends to perpetuate it. I suggest that there should be some little reason actuating Deputies. I suggest that there should be fair consideration for those who oppose a measure of this sort. If people have the moral courage of their convictions, and stand up and oppose a measure of this kind, because they believe it is harmful to a great profession and to the interests of the Irish language, which it is intended to serve, surely they are entitled to get credit for the honesty of the statements they make, for the honesty of their beliefs and for honesty in their opinion.

This Bill will have reactions outside this little southern portion of the country. There are those who speak against this Bill, who look forward to the day when Ireland will be the geographical unit it properly is and should be, but the passing of this Bill will be no aid to the bringing about or the arrival of that day. Of course, we had some very eminent patriots standing up in support of the passing of this Bill. It was a glorious day for Ireland that this Bill should pass through this House. Deputy Hugo Flinn was very proud to be in his place when it was carried by 110 Deputies to 15. The citadel of the King's Inns had fallen, and the forces of nationalism in all their might were marching victoriously to new victory. The whole forces of nationalism were arrayed against reaction. We had on the one hand as the standard-bearer in this great fight a distinguished lawyer and we had on the other hand Deputy Hugo Flinn.

There is nothing in this Bill about either a distinguished lawyer or Deputy Hugo Flinn, and the Deputy must confine himself to what is in the Bill.

The Deputy said "lawyers," not "liars."

Deput Flinn ought to restrain himself and refrain from being offensive.

Mr. Byrne

There are in this Bill principles that will be very harmful to the future of this country. I do not regard the passing of this Bill from the same point of view as those Deputies who are singing their songs of victory. I say this Bill will do lasting harm to the legal profession, which has always done justice to the country and to the citizens of the country. I want to say further that this Bill will do the greatest possible amount of harm to the Irish language itself. If this Bill set out to do anything which was equitable, no opposition would be offered by me to its passing; but this Bill singles out one of the greatest and noblest professions in the country to penalise it for no purpose whatever except to catch votes for certain Deputies. I ask the Dáil, even at this last hour, to have some reason, and to consider one thing in this Bill, and that is the standard of knowledge it sets up— an impossible and unthinkable standard, and a standard which can only do harm instead of doing good.

I am opposing this Bill because it savours too much of compulsion and dictation, and that compulsion and dictation are intensified by some of the speeches made in support of it. Threats were used. Names such as "anti-Irish,""anti-national,""reactionary" are applied to those who are opposed to the Bill. Personally, I resent threats. I strongly resent being called anti-Irish or anti-national. Speeches such as these are not arguments; they only show weakness. As far as Deputies Conlon and MacFadden are concerned, I believe they are sincere in their convictions, and that they honestly believe they are taking the best steps to promote the Irish language. I respect their convictions because I believe they are honest, but from my point of view I am fully convinced that by promoting this Bill they are doing a bad day's work for the language and a bad day's work for the Free State. I love my country as much as any member in this House. I was born in Ireland, I have lived all my life in Ireland, and all my interests are in this country. I would like to see this country politically honest, peaceful and prosperous. If it is the view of some people that a person in that position is anti-Irish and anti-national, then I make them a present of their opinions.

The manner in which this Bill was introduced almost creates a precedent. For instance, before the Censorship of Publications Bill was introduced there were reports issued and various associations were consulted. The Game Protection Bill, which we are promised in a short time, will not be dealt with in the same manner as this Bill. The Game Protection Association will be consulted, together with several other interests, in order that a Bill may be drafted that will be useful and workable. Not so in the case of this Bill dealing with the legal profession. That profession is most vitally interested in this matter. Is the spirit in which this Bill was introduced and supported in this House the spirit that will tend to unite Irishmen? Before this Bill was introduced there was no consultation, no rapprochement, with the Incorporated Law Society or the Bar. Why then blame the legal profession for the attitude they have taken up? If I were a member of the Incorporated Law Society, because of the manner in which this Bill was introduced and because of the speeches made in this House in support of it, I would treat it with defiance.

Between solicitors and barristers there must be some 1,300 or 1,400 in the legal profession in the Free State. I believe the vast majority of these men are good Irishmen. I am sure the brains, education and training of the members of the legal profession are as high as the brains, education and training of the average member of this House. Yet you do not consider it worth while consulting them. Have you any reason for thinking that members of the legal profession are not good Irishmen, and when they differ from you in a matter they consider of importance to their profession, what right have you to call them anti-Irish, anti-national, reactionaries, etc.? I say you have no right. It is simply intolerance and petty interference with an honoured profession. Prussianism, if you like to call it so, is not the spirit in which Irishmen should meet one another.

Sé mo bharúil go bhfuil sé thar am deire do chur leis an diospóireacht seo. Níor chuala mé an oiread seafóide ariamh agus do chuala mé san diospóireacht seo. Tar éis an méid atá raidhte in aghaidh an Bhille, is ceart focal no dó rá ar a shon. Níor thuig mé chomaith ariamh brí an tsean-ráidhte "ag déanamh cnochán-mór de charnán" go dtí gur chuala mé na daoine do labhair i gcoinne an Bhille seo. Ní Bille le h-aghaidh dligheadóirí an Bille seo. Ní bhaineann sé leis na dligheadóirí chor ar bith. Sé an rud atá sa mBille na go gcaithfidh gach duine atá faoi 15 blian d'aois, agus atá ag cur faoi dul isteach fá dhlí, a theanga fhéin d'fhoghluim feasta. Sin é an méid atá sa mBille. Shaoilthea ó chainnt na ndaoine atá inaghaidh an Bhille, go rabhamar ag cur d'fhiachaibh ar gach dligheadóir sa tír fá láthair togha na Gaedhilge do bheith aige. Ní fíor san. Ní bhacann an Bhille leis an dream san chor ar bith.

Deirtear go bhfuil deacrachtai móra sa mBille. Cén deacracht atá ann? Caithfidh na daoine atá faoi 15 bliana d'aois Gaedhilg a bheith acu má tá siad ag cur rómpa a bheith in a ndligheadóirí. An páiste atá 15 bliana d'aois, tá sé ag foghluim na Gaedhilge le sé no seacht de bhliantaí agus muna bhfuil Gaedhilg mhaith agus a shaith Ghaedhilge aige, bhal ní scoláire é agus ní dhéanfar dligheadóir as choidhche. Na daoine atá ós cionn na haoise sin, níl aon bhaint acu leis an mBille seo. Rud eile ar fad iseadh é sin. Na daoine adeireas gur mór an t-ualach atáimíd ag cur ar ógánaigh na tíre, níl aon spéis na creideamhaint acu san óige. Ba cheart dóibh thuigsint nách bhfuil san Stát le sé no seacht de bhliantaí anuas scoil nach bhfuil ag déanamh a cionn ar son na Gaedhilge. An t-Ollamh Thrift, Teachta, nuair do labhair sé anso cupla lá ó shoin, d'adhmhuigh sé nach raibh sa tír páiste nach raibh a bheag no a mhór de Ghaedhilg aige. Isé a dubhairt sé ná go raibh "a little smattering of Irish" ag gach páiste. Is fíor san ach deirimse go bhfuil níos mó na "little smattering" acu. Tá cuid mhaith Ghaedhilge ag páiste atá 10 mblian no 15 bliana aige, ach b'é an rud adubhairt an tOllamh Thrift, Teachta, agus is é a bharúil, go gcaillfidh siad an "smattering" san i gcoinn cúpla blian. Má tá an t-Ollamh Thrift in dáiríribh sa mhéid adubhairt sé, ba chóir dó cuidiú leis an mBille seo, mar tá léigheas an scéil san sa mBille atá ós ár gcomhair. Cuirfidh an Bille d'fhiachaibh ar na daoine seo úsáid do bhaint as an "smattering" atá acu.

Dubhairt an Teachta O Beirne go mb'fheidir go mbeadh fáilte roimh an mBille seo fiche blian ón lá seo ach nach raibh aon ghá leis fá láthair. Nuair a bhí an Teachta ag cainnt, chuir sé i gcuimhne dom sgéal an dreoilín. Do chuir sé iniúil dúinn cho h-árd agus có-h-uaisle agus a bhí lucht ceird na dlí. Mar adubhairt an Dreoilín. "Is mór é mo mhuirighean agus is beag mé féin." Ní h-é amháin go mbeadh an Bille seo feileamhnach í gcionn 15 bliaina ach támuid ag súil go mbheidh Gaedhilg á labhairt mar theangain na tíre an t-am san. Má théigheann an chúis ar aghaidh mar tá sí, i gcoinn 10 mblian no 15 bliaina béidh a neart Gaedhilge ag na daoine óga agus ag cuid mhaith de na sean daoine chó-maith. Dá mbeadh ciall ag na dligheadóirí, do chífidís gur ar mhaithe leo féin an Bille seo. Cuir i gcás nách gcuirfi an Bille seo i bhfeidhm go ceann 10 mblian. An mbeadh Gaedhilg ag na dligheadóirí faoi'n am sin? Ní bheadh. Ach bheadh gá mór le dligheadóirí ag a mbeadh an Ghaedhilg. Sé sin an fáth go bhfuilimíd ag cur an Bhille seo i bhfeidhm anois. Is ar mhaithe le lucht dlí atámuid á dheanamh, gidh nach gcreideann siad é sin.

Dubhairt an Dochtúir Mac Aonghusa, Teachta, go rabhamar in aghaidh na ndligheadóirí agus go rabhamar ag iarraidh buille mór do thabhairt dóibh nuair a bhíomar ag cur d'fhiachaibh ar na daoine óga seo Gaedhilg d'fhoghluim. Nuair a bhí mise óg is ciumhin liom gurbé an duine b'fhuaith liom an dochtúir. Agus cé'n fá? Thabharfadh sé buidéal dom agus muna n-ólfainn an medicine cuirfeadh sé síos 'mó sgórnach é. An iongnadh ar bith é go mbeadh fearg orm leis an dochtúir? Ach nuair a d'éirigh mé suas agus nuair a thainig ciall chugam, bhí árd-mheas agam ar na dochtúirí. Ach a bé an dochtúir sin, ní bhéinn beó indiú. Is mar sin é le Teachta Mac Aonghusa agus Teachta O Beirne. Páistí gan ciall isea iad. I gcionn cúpla blian, nuair a thiocfas an chiall chuca, tchífidh siad gur ar mhaithe leo féin a thugamar an medicine dóibh. Tuigfidh na dlígheadóirí nuair a thiocfas ciall chuca freisin go dtugamar slí-bheatha dóibh.

Déirtear linn nach ndeárnadh seo sa mBeilg, no sa mBreatain Bhig no sa bhFrannc no Iodáil. Bhal, ní hí seo an Bheilg no an Fhrainnc no an Iodáil. Isí seo Eire agus ba cheart náire a bheith orainn gan rud ar bith a dhéanamh atá ar ár gcumas do dhéunamh chun teanga na tíre do chur ar aghaidh agus chun naisiúntacht níos uaisle do thabhairt do mhuinntir na h-Eireann.

Ní raibh fúm-sa labhairt ar an gceist seo chor ar bith gur chuala mé an rud a bhí le rá ag cuid de na cainnteoirí a labhair annseo anocht. Is maith liom gur labhair Mícheál O Cléirigh as Gaedhilg. Tá muid ag cainnt faoi'n Bhille seo le trí lá agus níor labhair duine ar bith ach i dteangain an tSasanaigh. Fíordhroch-shompla isea é sin do na daoine go bhfuil muid ag déanamh dlí na gcóir. Tá go leor cainnte faoi Chumann na nDligheadóirí. Cé hiad na daoine seo? Céad daoine no mar sin a bhailigh le chéile agus adubhairt nár cheart an Bille seo do chur i bhfeidhm. Go dtí seo do leig na daoine seo ortha go raibh siad an-Ghaodhalach ar fad ach rinne an Bille seo rud amháin ar chuma ar bith, do theasbáin sé nach raibh in sna dligheadóirí ach leomhain i gcraiceann na gcaorach. Tá daoine thart annseo orm adeir go bhfuil grádh acu don teangain ach anois an tam acu leis sin a thaisbeáint. Dubairt an Teachta O Beirne go bhfuil muid ag iarraidh faitchíos do chur ar lucht na dlí. Tá go leor cainnte faoi'n chaoi a thug Mícheál Mac Pháidín agus Mairtín O Connalláin an Bille seo istigh agus faoi nach ndeárna siad seo agus siúd. Is fearr an gradh na an faitchíos, cinnte, ach is le fuath agus le faitchíos a chuireadh an Ghaedhilg as an tír seo agus más gá é is le fuath agus faitchíos a bhéarfar ar ais í arís. Dubhairt Mícheál O Cléirigh nach bhfuil muid ag iarraidh ar dhligheadóirí an Ghaedhilg d'fhoghluim. Ní abram nár cheart sin é dhéanamh ach ní 'in an rud atá muid ag iarraidh a dhéanamh. Níl muid ag iarraidh sin a dhéanamh ach chó fada is a bhaineas sé le páistí atá faoi 15 bliana d'aois, agus mar adubhairt Mícheál O Cléirigh ba cheart go mbeadh an Ghaedhilg ag cuid mhaith acu sin cheana. Caithfidh na daoine óga seo teisteas d'fháil ón Phríomh-Bhreitheamh — sin é bhfuil ag teastáil uatha. Tá sé in am deire do chur leis an mugamagadh seo go léir agus an cheist seo do chur ar thaobh éigin.

I tried to intervene in this debate at an earlier stage but was not fortunate enough to catch the Speaker's eye. Perhaps it is just as well because much that I would have liked to have said has been said with greater eloquence and greater force by other speakers, perhaps, as far as I know, by the last two, Deputy Clery and Deputy Mongan. However, there are one or two observations that I would like to make. In the course of this debate which has taken rather a wide range, there were appeals made, by more than one speaker, to an ideal that all of us, Irishmen, cherish, the hope of an ultimate unity. This was expressed in splendid language and phraseology of which I am not master. We were reminded of historical parallels. We were reminded of that great motherhood which had the power in the past as she has still the power to amalgamate foreign and heterogeneous elements into herself. That was a note that I think struck a responsive chord in the hearts of every one of us. It certainly was a note that appealed to me but I could not reconcile that with other remarks, warnings and threats, indeed with language that almost amounted to sneers and gibes at those who differed from the speakers and ventured to express opinions which they conscientiously held.

It is the first time since I have been in the Dáil that we have been recommended to speak with bated breath, with whispering humbleness, to gag ourselves. I am not going to listen to that warning because I do not believe that it represents the opinion of the Dáil. It is no good our coming here and not expressing openly what we think. I know that in an ideal State there should be no lawyers at all, but as the Free State is only approximating towards perfection—I gathered that from the criticisms of the Government—we have to have lawyers, but it seems now to be contended that lawyers should have no opinions or at least should not express them. It seems, too, to be resented that we have tried to express the views that we know are held and conscientiously held by two great professions in this country. I am not more intimately acquainted with the technicalities of these professions than any other member in this House but I do know members of the profession and I know they are as good Irishmen, I will not say as myself, but as any other Irishman here, and I know they would not speak so forcibly if they did not believe that the views which they are advancing and desire to be expressed are views that are good for the country. I did find it—and it was with some pain that I found it— hard to reconcile these professions of mutual toleration, these aspirations for mutual understanding and toleration, with the advocacy of methods which, to say the least, were intolerant. Indeed, one speaker went so far as to be frank and call them coercive and penal. That is one point I would like to bring before the House.

I think you cannot speak with two voices on this matter. There are certainly two voices speaking in many of the speeches. As regards the argument by which this Bill has been urged, I suppose it is idle at this hour to point out the usual line of argument, which runs briefly: Irish is a good thing, therefore compulsory Irish is a good thing. That argument involves a gross, flagrant and glaring fallacy; I can see no way of justifying it. It is, as I said, idle now to stress it, and it is possibly equally idle to state that we, who protest here against compulsory Irish, are not protesting, are far from protesting against the revival, preservation and encouragement of Irish by any reasonable, by every equitable means. I say it is idle to make such protestations as that now, for the Minister for Finance has discovered that we do not know what we say, or else that we do not mean what we say. He has said categorically—I think I am quoting correctly—that when it comes down to hard facts, the man who does not know Irish nearly always is out to kill it. In other words, we who have stated that we are in favour of the legitimate encouragement of Irish are either self-deceived or are deliberately deceiving the Dáil. I do not know whether the Minister was really serious when he made a statement of that sort. I do not know whether he really believes that intelligent men can so deceive themselves or that decent men can go out and so deliberately deceive others. I do not know whether or not he would be willing to subscribe to that as a general proposition. Does he believe that every person in the Dáil who does not know Irish hates it and is out to kill it? If so, I have listened to the speeches on this Bill, and one thing I noted is the number of speakers who declared themselves supporters of this Bill and, in the same breath, deplored their ignorance of Irish. There was one speaker who had a wider acquaintance with natural history than I have got who talked of bunny rabbits and tenacious molluses. He told us of his desperate attempts to learn Irish. He outdid the spider in his determination. The spider tried seven times and succeeded in the seventh. I think it was thirty times he tried. He is a strong supporter of the Bill, and he does not know Irish on his own admission. There were others who admitted the same. Are we to assume that they are out to kill Irish? Perhaps that is the meaning of this Bill, that these Deputies are out to kill Irish. Well, I am not going to be a party to that deep-laid conspiracy.

I am going to vote against the Bill and save Irish. I hope Deputy Mongan will count that to me for righteousness. I have talked of bad psychology. I do not, to be serious, admit that the Minister for Finance's psychology is much better, but I think that it is a poor Bill that hobbles along to the Report Stage on two crutches of bad logic and worse psychology.

Turning more particularly to the Bill, there are just two points I would like to stress; one I mentioned on the Second Reading. I drew attention to a point to which the Minister for Justice drew our attention, that this Bill involves an entirely new principle. His words are: "In this Bill Irish is made compulsory for persons who have received no Government money in the course of their education, and who are not asking for any Government employment or any payment out of public funds." That the Minister for Justice characterises as a new principle. To me, it appears to be evidence of a complete lack of principle. The work of these two legal institutions is to educate in law, and I, who have something to do with education, know the importance of having the cobbler stick to his last. They know something about the law, and you are turning them now on to educate in law and in Irish. The result, certainly for some time, will be that their students will know neither law nor Irish. You are not making any provision for the teaching of the new subject. The teaching of this subject, with the standard set in the Bill, will be a tedious and arduous task, and will involve very considerable cost. I think decency demands that some provision should be made for the discharge of this mere monetary liability. The promoters of the Bill, who might be excused at the initial stages for overlooking this fact, have not made any mention of that difficulty. They have not indicated their desire to come to the help of those institutions in that matter. The new principle seems to me to let anybody call the tune and the piper can pay himself. I think I am right in stating that were a similar Bill promoted in another place, it would be at least followed by a White Paper giving an estimate of the probable cost of the operation of that Bill. I think it would be well that the promoters of the Bill would reflect a little seriously on what that cost is likely to be.

I would put it really under three heads. It is going to cost them too much as regards their law school, for even now, in this amended form of the Bill, I see that students will be driven or at least encouraged, if they are going to be called to the Bar, to go across the seas. I am sorry for it. But we cannot shut our eyes to the fact that there are some —possibly those who have legal aspirations more than others—who are governed by materialistic motives, and I do see them going across to be called to other Bars and perhaps, after three years, coming back here. There is nothing to prevent them being called to this Bar. I see our legal classes passing and I see a corresponding decay in the quality of the teaching, because large classes mean competition, better teaching and more efficiency. I do see a certain decay in the quality of your jurists. Your jurists have made a great name for themselves in the past in many countries across the seas as well as here. I do see that the quality of the Bar will not be what it was. It will not be recruited now in the same way. You have done much, by this Bill, to destroy the pride that barristers and solicitors have in the traditions of their profession and I do not see that you have got any corresponding advantage. But the biggest cost of all, and I am very serious in this, is the loss in confidence and in good will, the belief that we here can understand one another and not suspect one another, the belief that the one thing we all should try is to bring about a thorough-going, far-reaching, ultimate and permanent unity. I think we will all differ from one another in minor respects, but there is no reason why we should not all be joined together in certain basic principles and I think you are going a long way to delay the attainment of that ideal.

Deputy Flinn said that Irish might be one of the cements to join together all the heterogeneous elements that would compose the nation in the future. I am paraphrasing his remarks. The real cement that binds a nation together goes deeper than any externals like language, dress, physical features or matters of that sort. The real cements are mutual understanding and mutual good-will. Those are the things we should work for. Language, I will admit, might, under those conditions, contribute very materially towards that common end. But language coupled with compulsion will not be a cement; it will be an acid, not an acid to test our nationality, but an acid that will corrode the very roots on which the union of the future should grow. I am sorry. I do realise that this Bill was born of enthusiasm, that the intentions of its initiators were of the best. I think that they see eye to eye with me in more respects possibly than they realise. I am a little old, and am using the knowledge that years have given me to put these views before the House. I think the Bill is a mistake. It will have far-reaching and disrupting consequences.

Bhí áthas orm a bheith ag éisteacht leis na Teachtaí do labhair as Gaedhilg ar son an Bhille seo. Ba mhaith liom déanamh fé mar a rinne siad-san agus an méid atá agam le rá do rá as Gaedhilg ach ba mhaith liom leis freagraí do thabhairt ar na Teachtaí do labhair indiu i gcoinne an Bhille. Ní dó liom go bhfuil focal Gaedhilge ag duine acu. Os rud é go mba mhaith liom go dtuigeadh siad an rud atá le rá agam, caithfead labhairt sa teanga a thuigeann siad.

I do not think that anybody on this side of the House would desire that in any vote on this Bill, or on any similar measure, it should be understood that we are out to give adherence to any proposition that would make for ill-feeling or for disunion in this country. We are as anxious as any party in Ireland to see that nothing should be done but that which would make for goodfeeling and a national sentiment that would help in uniting instead of disuniting our people. The matter of the language, however, is to us a basic, fundamental thing, and it was certainly pleasing to me to hear Deputies, like Professor Thrift and Professor Alton, say that they stand for the language, that they are in favour of it, and that they want it to spread, prosper, and be spoken. I would, however, say that that is a new attitude on their part.

It is a new attitude if the Deputies speak for Trinity College. When Deputy Thrift spoke the other night on this subject, and said that neither he nor the University for which he spoke had ever done anything hostile to the Irish language, I listened with amazement, because I remember—I was much younger then—the Intermediate Education Commission of 1899 and the University Commission of 1902. I remember reading carefully the evidence offered by the representatives of Trinity College, Dublin University, at the Intermediate Commission in 1899. After I heard the speech of Deputy Thrift, I wondered if I were dreaming, especially when I heard his statement that the University for which he speaks had never done anything in opposition to the language.

I can repeat what I said if the Deputy wishes. I said that the University had never opposed the fostering of the Irish language.

I have the Deputy's words here. He said: "I do not oppose and the University for which I stand has never opposed the fostering of the Irish language." I went home, and it took me a good while to find the documents which I knew I should have. I stayed up late and found them. I got some of the evidence. I have not got it all, but these are authoritative extracts from the blue books. I find Dr. Mahaffy, Dr. Atkinson, and even Dr. Gwynne attended the Intermediate Education Commission, and with all the influence they possessed, and with all the strength of language that they were masters of, protested against Irish being allowed on the programme of the Intermediate. Was that fostering Irish?

Dr. Gwynne, I believe, has changed his mind since then, but I found this piece of evidence: "Dr. Edward Gwynne, S.F.T.C.D., said: I suggest that Celtic, by which term modern Irish seems to be indicated, should be struck off the list of subjects. The other languages find their place on the list, I take it, for (1) practical utility, (2) their value as educational instruments, or (3) the interest of their literature." Then he went on to say: "These grounds cannot be alleged in favour of modern Irish. In this respect it appears to me that modern Irish has little to recommend it. I do not deny the high interest and value of the Irish language, that is chiefly of old and middle Irish." Dr. Gwynne was then satisfied that Irish should be studied perhaps by students for the Intermediate, but as a dead language. That opinion was reinforced by Dr. Salmon at the University Commission of 1902, where he deliberately and definitely stated that he wanted Irish studied as a dead language and nothing else. We want Irish as a living language, and we want to have it made the national language of the country. If we can get unity, understanding, and friendly co-operation on that basis we will go as far as we can to meet those who up to the present have differed from us, but it must be on the basis that Irish as a living national language, as the language of Irishmen and Irishwomen, is to be spoken in this country and fostered, even at the expense of the taxpayer.

Might I ask from what the Deputy is quoting?

These are pamphlets——

They are ex parte?

They are, but they contain quotations from the Intermediate Education Commission of 1899 and from the blue book that can be seen in the National Library where I have seen it.

Dr. Gwynne is away and will not have an opportunity of answering the Deputy. My recollection goes back as far as that —perhaps not quite so far—and I know that Dr. Gwynne in private conversation always expressed what the Deputy would, no doubt, consider to be the most correct and liberal views about Irish.

I do not doubt what Deputy Alton says about Dr. Gwynne's views now. I think he is quite right as to Dr. Gwynne's views now in regard to Irish. I will pass this document on to the Deputy if he desires to read it. These are extracts from the evidence given at the Intermediate Education Commission in 1899. I have also extracts from the evidence given by Dr. Gwynne three years later. Dr. Gwynne, Dr. Mahaffv and Dr. Atkinson, as I have stated, gave evidence in 1899 before the Intermediate Education Commission where they were the spokesmen of Trinity College. I want to say this in regard to Dr. Gwynne, that at the Commission on University Education, which was set up to inquire into university education in general, having in view the possibility of setting up a national or Catholic University, as was talked of at that time, Dr. Gwynne again gave evidence and, after a three years' interval, the evidence which he gave was entirely opposed to that given at the other Commission. He wrote an essay on the value of Irish that would be a credit to him or any other Irishman. I want to say that on his behalf. Further, I would like to say from what I heard—I have not the honour or pleasure of knowing Dr. Gwynne—that ever since then he has done his part in fostering Irish and I heard he got very little support in that respect in Trinity College. I heard that from people who ought to know what they are talking about. When I bring this matter forward it may appear to some to be unwise to go back so far, that it is not wise to rake up these things, but, after all, if it is the means of getting those who are competent to speak for Trinity College here to declare that the point of view, as represented as official on behalf of Trinity College and expressed in evidence before these two Commissions, has now changed it will probably have a very good effect and my raking up of these things will not be without good results.

Dr. Atkinson and Dr. Mahaffy went so far as to say, in 1899, that "there was no literature in Irish, or that anything that did exist could not be put into the schools. It was filthy and obscene." These are their own words, Dr. Atkinson's words quoted by Dr. Mahaffy. Perhaps it will not help further to go into that matter, but I would like, if there is to be any understanding on this matter, to know exactly where we are and where we stand, and whether those who are opposing compulsory Irish for lawyers, as it is represented to be, are opposing it first of all because it is compulsory, as they say, or because it is Irish. I think we will want something very definite and very clear in the way of a statement, especially from the gentlemen representing Dublin University, in view of their past, in view of the past as set out in the printed record. When these gentlemen stand up here and say that they want Irish to spread, that they believe that Irish should be fostered, it is right that one should examine into and analyse what they say and their right for making statements of that kind in opposing a Bill of this character, because there is no evidence that they have helped voluntary Irish. There is not one Irish speaker from Trinity College amongst their Deputies. There is no public evidence, that I know of, that one could put against this evidence here as a change in mind and heart on behalf of those who represent Trinity College. That is what I would like to see and what I would welcome, and welcome publicly, whenever it does come.

I have heard more than one speaker on behalf of Dublin University claim that they had a Chair of Irish in existence in the University for I do not know how long, some couple of centuries, and that that was and is evidence of their good faith with regard to the language. On that matter I looked up Dr. Douglas Hyde, who should be an authority. He is a distinguished graduate of Trinity College and a very distinguished advocate for Irish. I found, when I was looking over this for evidence, another pamphlet. It is a reprint of an article written by Dr. Hyde and published in the "New Ireland Review" for December, 1899. He says here—these are Dr. Hyde's words, not mine: "Trinity College has now made before the Viceregal Commission, through the mouth of some of its most distinguished professors, a sweeping attack upon the Irish language and literature, and, by implication, upon the Irish race. It is thus openly taking up a position which will necessitate, on the part of Irishmen, some very plain speaking." I am doing a little plain speaking which I hope will do a little good. He says here again: "Yet Dr. Mahaffy appeared from Trinity College before the Commission and gave the very strongest evidence possible against the Irish language and everything connected with it." I do not think it is necessary to quote from Dr. Mahaffy's own words. If anybody wishes that they should be quoted, I can quote them—the evidence given by Dr. Mahaffy, Dr. Salmon, Dr. Atkinson and even by the late Dr. Bernard against the teaching of Irish as a living language in the schools. "Dr. Mahaffy appeared from Trinity College and gave the very strongest evidence against Irish and everything connected with it. It was not even ordinary evidence, but a long-drawn out scoff, in which he told the Commissioners that he knew, on the authority of experts, that where Irish literature was not religious it was silly, and where it was not silly it was indecent." These are the words of the official spokesman.

I should like to challenge the Deputy on that point. He is quoting a statement of evidence which is not in any way an official statement from Trinity College.

My recollection is— and if I am wrong I am glad to be corrected, I do not want to misrepresent any individual or institution—that amongst others, the Board of Trinity College were invited—I am speaking purely from recollection—to give evidence before the Viceregal Commission on Intermediate Education. In all probability the Board nominated certain members or certain persons of their staff to give evidence on behalf of the college.

I never heard of it.

Does Deputy Thrift say that these gentlemen, although connected with Trinity College, were invited in their individual capacity?

If that be so, would Professor Thrift say that he repudiates on behalf of Trinity College the evidence they gave?

I can repudiate it certainly to this extent that it is quite at variance with the action of the college as a college on every occasion I recollect. The action of the college as a college was one that might be understood by remembering that the Chair of Irish, to which the Deputy referred, has been always held by an exponent of modern Irish. That might help him to understand the position. Any opposition that has come from the college as a college has been to compulsion in the matter.

I think the evidence is against that—that is my view. The evidence from Trinity College itself is against the opinion that Deputy Thrift expressed. If he can prove that Trinity College itself stood for Irish and favoured it, I should like to see the evidence.

Do you accept the statement about the professorship, for instance?

I shall come to the professorship.

I would welcome this inquiry. I wish we had some notice of it. It is a different matter. I would be very glad to meet the Deputy at an inquiry into the rascalities and wickedness of my college in the past. I may point out that there would have been very little Irish literature left if it were not for the support given to it by Trinity College.

I did not catch the the last remark.

There would be very little Irish literature if it were not for the activities of that college.

I can refute both statements that Deputy Alton has made, but it will take some time. I have evidence here, and I think we shall have to go into it.

If I call attention to the title of the Bill, would it be of any assistance?

I would not have entered upon this were it not for the definite statement the other night of Deputy Thrift, that Trinity College had fostered Irish. That seemed to me a statement that necessitated an answer.

That was en passani, and the reply should be likewise.

I am asked about the Chair of Irish. I shall take Dr. Hyde's evidence.

It would be better if the Deputy took himself.

Dr. Hyde says here:

We must now see why it was that almost the only people in Ireland who gave evidence prejudicial to the slight amount of encouragement offered to the Irish language by the Intermediate Education Board were these Professors of Trinity College, Dublin. "Trinity College," writes Dr. Mahaffy, "to which some of the critics of this movement belong, not only contains the best theoretical students of Irish in the country, but maintains a Chair to promote the study of modern Irish." Now, this "Chair to promote the study of modern Irish," what is it? On this point I feel rather reluctant to say anything, because I myself was a candidate for it when it became vacant some years ago. It was then, however, that I discovered the true facts of the case, and they are wholly inconsistent with the claim put forward by Dr. Mahaffy. I would not mention them at all were it not that now again, for about the twentieth time within the last few years, I find Trinity College not above dressing itself in borrowed plumes and very meanly pretending to the world that she possesses, as Dr. Mahaffy once again tells us, "a Chair to promote the study of modern Irish." She does not; if the word "Chair" carries with it any real academical meaning. The Chair she possesses is not one founded for the study of the Irish language and literature, but is one which was founded by a proselytising society for the "Scriptural education of Irish Roman Catholics through the medium of their own language."

I think that is very unworthy and is wrong. The late occupant of the Chair and the present occupant of the Chair belong to the Faith to which Deputy O'Kelly belongs, and it is really very invidious, not to say insulting.

I would not have mentioned the Chair only Deputy Alton said they had a Chair, and I would not have gone into this.

I was only pointing out that the present conditions are what we ought to consider.

You brought it upon yourself.

I did not mention the Chair at all.

I beg your pardon, I think you did. I will not go further into that, because people might say we were raising sectarian matters in connection with this matter, and I would be the last in the world to do that—I do not want to do it. If the Deputy had not mentioned the Chair I would not have read out that evidence.

I never mentioned the Chair.

Will the Deputy say something now about legal practitioners?

I thought that was necessary, and that even on the question of Irish for lawyers it would not do a bit of harm to have a heart-to-heart talk on this subject of Irish. Some Deputy, I think it was Deputy Cooper, mentioned the National University and the fight which took place in 1910-11 to make Irish compulsory. He said he knew some graduates of that University who had to take Irish as a compulsory subject for matriculation but who now did not know Irish—I am not quoting his exact words—or, if they did, they never used it. I do not want that state of affairs to continue, if it be true of the National University. I should like to see Trinity College put its best foot forward and show the National University what it can do. I should like to see an improvement in the National University in regard to Irish. I do not think they are doing enough for Irish. I think that this Bill will help both Universities to march with the times in that direction. I do not want Irish to stop at matriculation—I do not want those who have learned Irish in order to matriculate to drop Irish as soon as they have got their matriculation. I want to see Irish used and spread, and that is one of the reasons I support this Bill, and one of the reasons why I should like to see Trinity College take up this question of Irish. I should like to see Trinity College take up the Irish language in a serious way and enter into competition with the National University.

It being now 10.30 p.m., the debate stood adjourned.

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