asked the Minister for Justice whether he is aware that a duly accredited Press representative was excluded by the Gárdaí from a preliminary investigation by a Peace Commissioner of criminal charges against certain persons, held at Tipperary on Tuesday, 23rd April, 1929, and, if so, by whom the exclusion was authorised; whether he is further aware that a report of the proceedings at the investigation referred to was officially supplied to a Dublin newspaper, and whether he will state what was the reason for the discrimination shown.
Ceisteanna—Questions. Oral Answers. - Exclusion of Press Representatives from Court.
Domhnall O Muirgheasa
The proceedings connected with the preliminary investigation of an indictable offence are not proceedings in open Court, and all members of the public may lawfully be excluded from such proceedings. In the case to which the Deputy refers—the armed robbery of the Bank of Ireland at Tipperary—it was essential in the interests of justice that the public should be excluded, and so far as the exclusion of the public, including Press representatives, was concerned, it was complete and impartial.
I gather, however, that the complaint is rather that an official report of the proceedings was subsequently furnished to a Dublin paper, and not to the local Press representative. I am informed that the police gave the local Press representative a brief account of what transpired at the special Court, but, they were so much occupied with the case and their time being limited at the moment, the statement given to the local Press representative was admittedly cursory. The Dublin paper, on the other hand, happened to telephone for information at an hour when the police had more time to spare, and the Dublin paper consequently got a fuller statement.
It is admitted and regretted that in the circumstances the local Press representative got less particulars than the Dublin paper, but there was no intention to discriminate against anybody. I may perhaps say that the police acted throughout this case with the most commendable energy, intelligence and courage, and I am sure that the Deputy will agree with me that it would be very regrettable if the only reference made in this House to the case were made by way of apparent censure on a very minor point.
Arising out of the Minister's reply, I might say that I have nothing but the greatest commendation for the way in which the Guards acted in this particular case. I would ask the Minister whether he would answer that part of my question which asked by whom the exclusion of the Press representatives was authorised, and whether the Gárda, acting on their own, have the right to exclude the public and the Press, or whether that is a function for the presiding Justice or the Peace Commissioner, as the case may be.
I cannot tell the Deputy actually anything about the circumstances as to who made the order, but I can inform the Deputy that it is not a public Court, and, not being a public Court, neither the Press representatives nor any member of the public have a right entitling them to go in there.
Am I to understand from the Minister's reply that when a prisoner is brought up before a Court and charged, and the authorities ask for a remand and offer sufficient evidence to justify a remand, that it is not a public Court and that the Gárda, acting on their own authority, have a right to exclude the public and the Press?
The Guards should always get an order from the District Justice or Peace Commissioner, as the case may be, who is giving a remand. But it is not a public Court and such an order can be made.
Will the Minister say if the Guards in this particular case applied for an order to the Peace Commissioner and got an order or if they acted on their own?
I cannot tell the Deputy that from the information at my disposal.
May I ask the Minister why he has not that information, in view of the fact that my question asked him to state by whom the exclusion was ordered?
The only answer that I can give is that the report I have before me omits to state that. I can tell the Deputy that the proper course for the Guards to adopt, and which I assume they adopted in this case, was to get an order from the District Justice or the Peace Commissioner, as the case may be.