asked the Minister for Justice whether he is aware that the issue dated 31st October, 1931, of the weekly journal entitled "An Phoblacht" was examined and passed for publication before being issued by a Superintendent of the Gárda Síochána on the 28th ult. and was subsequently seized by the Gárda Síochána in the office of publication and from the newsagents throughout the Saorstát, and to ask the Minister if he is prepared to state on what grounds the decision of the said Superintendent was overridden; and further, to ask the Minister if any order has been made establishing a proper system of procedure, and fixing the responsibility for censorship under the Constitution (Amendment No. 17) Act, 1931, and if not whether he will cause such order to be issued for the guidance of printers and publishers.
Ceisteanna—Questions. Oral Answers. - Seizure of Journal.
The issue of "An Phoblacht" dated 31st October, 1931, was not passed for publication by a Superintendent of the Gárda Síochána before being issued. It was declared to be seditious by an Order of the Constitution (Special Powers) Tribunal, which is a body in which responsibility for deciding whether a document is seditious is vested by the Constitution. Printers and publishers must take care now as in the past that they do not print or publish documents of a seditious nature.
Was any order or direction given to the printer beforehand that such a document would not be allowed to be printed?
No. The printers must understand that if they print seditious documents they do so at their own risk.
If it is proved to the Minister that his answer is incorrect, that he has been given false information, that in fact Superintendent Ennis read the paper before it was issued, said that the paper was all right and that it was well for the printing works that it was all right—if that is proved by properly sworn statements will the Minister take action against those who have given him false information?
The Deputy is entirely up in the moon now. In the first place, Superintendent Ennis made no such statement, and in the second place, it is not by the order of Superintendent Ennis that this is done, but by the order of the Tribunal.
May I ask the Minister does he propose to give the general public any indication as to the rules under which this Tribunal is acting with reference to publications? Is there any guide as to what is seditious or not, and as to how people should proceed to protect themselves?
The way in which they should proceed to protect themselves is to publish nothing which is seditious.
Is there any way in which they can defend themselves if a charge is made against them?
They can show that a document is not seditious.
How? In what court?