Skip to main content
Normal View

Dáil Éireann debate -
Tuesday, 27 Jun 1933

Vol. 48 No. 10

In Committee on Finance. - Dáil Eireann Loans and Funds (Amendment) Bill, 1933—Second Stage.

The purpose of this Bill is to enable the Minister for Finance to honour an obligation which was first assumed by the Dáil in 1924 under Sections 6 of the Dáil Eireann Loans and Funds Act, the acceptance of which was subsequently repeated by our predecessors during their term in office, and has since been accepted by us. This Bill authorises the Minister for Finance to repay to each subscriber to the Dáil Eireann External Loans 1919-1920 the sum of one dollar twenty-five cents for each dollar subscribed and to take into account in doing so any payments made by the receivers appointed by the Supreme Court of New York. It has been calculated that in order to repay the balance of the subscribers' claims on this basis, and to repay all other subscribers in full, it will require, at the present rate of exchange, the sum of £1,200,000. The Bill, however, authorises the issue of a sum not exceeding £1,500,000, the balance being required, mainly, to cover contingencies, such as a possible disimprovement of the sterling dollar exchange rate, and, as to a small part of it, such other incidental expenses as may be incurred in the repayment. It is proposed under the Bill to make payments due on ten dollar and 25 dollar bills wholly in cash and, in the case of bonds of a higher denomination, to empower the Minister either to make the payment in cash or in stock, or partly in stock and partly in cash, at the option of the Minister for Finance. It is not possible at the present date to indicate how the higher denomination bonds will, in fact, be paid. The decision will depend largely on the exchange situation and the Exchequer position when we come to begin payment.

So far as the external loans are concerned, Section 4 provides that application for redemption may be made at any time before, but not after, the 31st day of March, 1934, and must be made in writing. Section 6 proposes to apply similar limitations to the Dáil Eireann Internal Loan, a small portion of which may possibly remain to be repaid, but in connection with which it is not proposed to limit the date on which claims may be entered in the Register also to the 31st day of March, 1934. The Bill is a simple one. As I have already stated, it is to give the Minister for Finance power to honour what are the obligations that have already been accepted by the Dáil, by our predecessors in office and by the present Government. I trust it will meet with the acceptance of the House.

Question proposed: "That the Bill be now read a Second Time."

I heard of a man once who prayed that he might be spared the inconvenience of having any shame. In so far as some people are concerned, I think that prayer has been answered. The question arises: why is this Bill brought in? The American Courts decided that we were not responsible for this money, and the way they came to decide it was this: when this State came into existence we accepted all the liabilities of the previous Dála and we naturally claimed also all assets. The members of the present Government—I regret that the President is not here——

Notice taken that twenty Deputies were not present; House counted and twenty Deputies being present

I notice that the President has not come in. I think it is rather a hopeful sign to see some suggestion of shame in this case because, as far as I can judge, this is a Bill to mulct the people of the country in about £1,000,000 in order that £100,000 may go into the pockets of the President. The President himself actually swore an affidavit——

The Deputy has made a certain statement and I wonder if it is in order? He says that this Bill has been introduced so that £100,000 may go into the pocket of the President.

I said, "It seems to me" or "as far as I can judge."

If the Deputy means that the £100,000 goes into the President's personal pocket, that would not be in order.

I do not quite know what you mean, sir.

There is a big difference between a man in his public capacity and a man in his personal capacity.

It seems to me that the Deputy must either withdraw the statement or if not——

Substantiate it?

——the Parliamentary procedure will have to be invoked to have an investigation into it.

What exactly does the Minister mean by that?

It seems to me that a charge——

What exactly did the Minister mean by his statement?

It seems to me, the accusation if it is anything, impugns the personal honour of the President.

What exactly did the Minister mean by saying that the Parliamentary machinery will have to be invoked? The Chair is the only Parliamentary machinery that can be invoked and no statements of any kind will induce the Chair to do what the Chair does not think is right under the rules of order.

I want to make quite clear that I have no intention of reflecting on the Chair.

If you, sir, call on me to withdraw I shall promptly do so, but I understood you wanted to get clear on the point as to where I stood on the matter and as to whether it is permissible——

The Deputy has said that this is a Bill to put £100,000 into the pockets of the President. I do not think that that is a statement which should be made, because it does not arise on the Bill. I asked the Deputy whether he referred to the President in his personal or public capacity. A man has a personal function and a public function. If the Deputy refers to the President in his personal capacity that statement should be withdrawn.

I am a bit in the dark as to what is meant by "personal" and "public."

There is no use quibbling about words.

I shall say exactly what I mean. I meant the President, not as President of the State, that is to say——

That finishes it. I take it the Deputy withdraws the expression?

Certainly, sir. I said the Bill was introduced, it seemed to me, for that purpose. I do not know whether you or the Minister will object if I say the introduction of the Bill means that the President will be a beneficiary of large sums of money, roughly about £100,000, and that is the purpose of introducing it.

Why introduce that? The Bill purports to repay certain amounts advanced to the State.

I propose to elaborate what I have said.

I cannot see what the connection is.

What I propose to develop is this: this Bill is introduced by the present Government under the present head of the Government. The head of the Government has sworn an affidavit to say that this State does not owe the money. He has sworn an affidavit to that effect and he comes into this House or rather he does not come into the House—I can quite understand his not coming into the House—to say that although he swore we are not responsible, we are going to repay the money. I do not know whether there is any objection to my saying that.

We cannot take the Deputy's simple word for it. I think when he refers to an affidavit he should produce the affidavit. He should produce the document.

It would be very helpful if the President were here. The Minister questions what I say, but he knows perfectly well that special arrangements were made to permit the President to make these affidavits when the case was on in the Courts in America. The affidavits were taken at the beginning of 1923 or 1924. A certain stage of the case was reached on 27th June, 1925. The Minister knows himself perfectly that what I say is true.

I have absolutely no knowledge as to the contents of the affidavit sworn by the President. The affidavit should be produced.

The Chair has stated on many occasions that when a Deputy makes a statement, the House has to accept the bona fides of the Deputy in making that statement so long as it is relevant to the matter under discussion and so long as there is no personal charge or any Deputy's honour involved. I think Deputy Fitzgerald is entitled to construe the statement as he sees it.

These moneys were raised in America during the years 1919 to 1921. A fair amount of them were expended here during that period and a fair amount remained at the end of that time. Everybody who subscribed money in America during that time subscribed them really as a gift and not as a loan. On behalf of the President that statement was made only a short time ago—in February, 1930. A document was sent out for the President signed by a lawyer who cost this State very dearly, named Frank P. Walsh. The statement was headed: "Irish Press, Limited, American Office (Room 3907), Transportation Building, 225 Broadway, New York City. American Committee: Frank P. Walsh, Chairman; M. J. Healy, Secretary." The letter states:

Dear Friend,

The money which you gave in the years 1919 to 1921 to help the cause of Ireland is about to be given back to you. You are probably one of those who gave your money at that time as a free gift, expecting no other return for it than the satisfaction of participating in a just cause and aiding the people of Ireland in a time of need.

Where is that from?

From letters sent on behalf of the President soliciting money in America. It is published in "The United Irishman," 17th January, 1933, page 5.

That is no proof.

If the Minister questions it, I will bring in documents which I happen to have.

If the Deputy has documents which will substantiate his statement, I think he ought. If the Deputy intended to make use of them he ought to have brought the documents here.

It is very interesting to see the Minister running away from the acts of his own President. While the President happens not to be here, the Minister is trying to throw doubts on things which he knows perfectly well are true.

The Minister is simply stating that it would be unwise to accept as true anything that appears in "The United Irishman."

If what I am reading out now is true will the Minister accept it that "The United Irishman" stands as the organ of truth?

No more than one swallow would make a summer.

We are not discussing "The United Irishman."

I am replying to the Minister. These moneys were raised as a loan in 1920 and 1921 and when the Free State came into existence a large amount of the money was spent. A very large sum actually remained in America. This State claiming that it was going to be responsible for the liabilities should also have received the assets. A case was brought in the American Courts, the name of the case being, I think, the Free State and others v. S. O'Mara and others. A man named Finnerty came here and interviewed Mr. de Valera, as he then was, in Arbour Hill. Mr. de Valera and others made affidavits, the purport of which was that the residue of the funds did not belong to this State, because this State had no claim either to the assets or to the liabilities. I am interested to know if the President will deny, as the Minister for Finance has attempted to deny, that he did swear these affidavits.

I did not deny.

It is rather interesting to see a slight change.

I merely asked the Deputy to produce the documents.

The Minister suggested that my word for this should not be taken. These affidavits were sworn and, as a result of the sworn affidavits, on the part of the President and others, this State was put to considerable expense in running this legal action in the United States of America. The case went on for a long time and came to a point when the President—Mr. de Valera as he was at the time—realised that his side had not a dog's chance of winning. Then his friends, with his assent, arranged for a commitee of bondholders to lodge a claim in the courts, that the residue of the money should be returned to them. Ultimately the money was returned to them pro rata; that is to say, the expenses were taken from the residue. The proposal now is that we shall pay back these moneys and, in doing so, we shall have to pay the whole cost of the legal case. The President swore affidavits that they were not due. A White Paper was published by this House called Documents A and B in 1930. If Deputies care to look at the documents they will see that at a meeting of a peculiar body, that sometimes called itself the Second Dáil and sometimes called itself the Cumann na dTachtaí, this matter was discussed. Turning to page 37 we find that a man who calls himself President said:

"About the summer of 1925 it was realised by those who had charge of the case that the possibility of us being able to get the injunction dissolved or to get a decision of the American Courts that the Republic was entitled to the funds, was not likely to happen, and they felt that it would be a good thing to have a second line of defence to fall back upon, so the bondholders formed a committee and they have been striving to get the courts to declare that the money should be returned to the subscribers. The important point now is the nature of pleas in law are sometimes rather big and sometimes dishonest, but we have got to recollect that pleas in law are things that have grown up in the course of ages."

At a given point—I think I had better not say it——

What is the Deputy quoting from?

I have already stated that it is a White Paper which was published in 1930, Documents A and B. In bringing that case in the American Courts these bondholders declared that this State was not responsible for the repayment of the money. They claimed that the purpose for which the money had been supplied had not been fulfilled, and that the residue should be returned to the subscribers. These bondholders or members of the committee went to the courts and affirmed that we were not responsible. The President swore affidavits that we were not responsible. Now the President who swore the affidavits comes here and asks us to return this money. Personally, I do not think the money should be returned. The American Courts have absolved us from responsibility in the matter. They did that after this State had incurred enormous expense in pursuing the case to which the President was a party on the other side. I pointed that out in a letter which was sent out under the auspices of the President, and signed by a man who was known in this country as Frank P. Walsh, it is stated:

"You are probably one of those who gave your money at that time as a free gift, expecting no other return for it than the satisfaction of participating in a just cause and aiding the people of Ireland in a time of need."

Supposing the Government insists on returning the money, I would say that this is not the proper time to do it. I have not looked at the quotations in to-day's newspapers, but I think, at the present moment, we would have to repay £1 for every 17/3. This is no time to do so, even if we were to admit that what the President swore in the affidavits was not false. There was no time less auspicious for returning the money. Most people will admit that the country at the present moment is less able to pay than for many years past. Yet we chose this moment to return money which we do not owe. We are choosing to do so when the Exchange is against us, when every 17/3 would cost us 20/-. I do not know why this proposal was put before the House. Even if the Government, without any regard for the President's sworn word, insists on going on with this, the question arises as to whom this money should be returned. As I read it, the people who subscribed it gave it as a gift and did not expect to have it returned. The people in the Bondholders' Association went into Court asserting that we were not responsible. Consequently, whatever might be said of other people, surely it will be admitted that we are not called upon to pay these people back.

Apart from that, many of these bonds have been transferred. I will go into that question later. People subscribed these moneys as a gift, and never expected them to be given back. They did not assess them at their real value. Consequently, to our knowledge a great many of the bonds have been transferred without people getting any adequate payment. That occurred because they did not attach any value to them; because they did not think they were due to be repaid. I shall quote the document that thousands of people signed, handing away their rights in this matter.

"Assignment and Power of Attorney—In consideration of one dollar, lawful money of the United States of America"——

We know that in these cases even the dollar is not paid. I know personally of cases where this procedure took place and where the dollar was not paid.

"In consideration of one dollar, lawful money of the United States of America, and other valuable consideration, to me in hand paid, the receipt whereof is hereby acknowledged, I, the undersigned, hereby sell, assign, transfer and set over unto Eamon de Valera, his executors, administrators and assigns, all my right, title and interest in and to the Bond Certificate (or Bond Certificates) of the Republic of Ireland Loans, which was (were) heretofore filed by me with the Receivers for the benefit of the Bond Certificate holders of said Loans, and all sums of money, both principal and interest, now due on or hereafter to become due on, or because of the obligations set forth and/or referred to in said Bond Certificate (or Bond Certificates); and I do hereby constitute the said Eamon de Valera my attorney, in my name or otherwise but at his own cost, to take all legal measures which may be proper and necessary for the complete recovery on, and enjoyment of, the assigned Bond Certificate (or Certificates).

"And I do, by these presents, make, constitute and appoint the said Eamon de Valera my true and lawful attorney, in my name, place and stead, to receive from the Receivers for the benefit of the Bond Certificate holders of Republic of Ireland Loans the payment or payments which is (are), or shall be, due and payable to me on said Bond Certificate (or Certificates) of said Republic of Ireland Loans, which Certificate (or Certificates) was (were) heretofore filed by me with, and which is (are) now standing in my name on the books of the said Receivers and give receipt therefor; and to open any/all mail or envelopes addressed to me care of Mr. Eamon de Valera, 3907 Transportation Building, 225 Broadway, New York City, N.Y., and to endorse my name upon any check, or checks, made payable to me on account of said Bond Certificate (or Certificates) and to deposit such check or checks to his own account and use in such bank or banks as he may see fit; giving my said attorney full power to do everything whatsoever requisite and necessary to be done in the premises as fully as I could do if personally present, with the full power of substitution and revocation, hereby ratifying and confirming all that my said Attorney, or his substitute, shall lawfully do or cause to be done by virtue hereof.

"In witness whereof I have hereunto set my hand and seal this .... day of .... 1930."

Were these bonds fully subscribed?

Yes. What we are called upon to do here at one of the worst moments in our history, when there is poverty and economic stress in the country is to return money to people who themselves have gone into court and said we did not owe them anything. We are asked to do this by the head of a Government who, himself, swore affidavits saying we were not due to do it. We are asked to do this at a moment when the exchange is against us, so that we pay £1 for every 17/3 due to be paid. We are asked to hand the money over not merely, so far as I can make out, to the people who honestly subscribed it, but to other people who, with the very dubious honesty of this document, got money from these people, giving them nothing in return for it. There was a suggestion that something should be given in return for it.

"This work can be proceeded with now provided that the Directors of the ‘Irish Press,' Limited, have the assurance, by the legal assignment of a sufficient number of Bond Certificates to Mr. de Valera, that the balance of the sum they require will become available when the Republican Loans are repaid. The funds the company has already to its account are sufficient to meet all the expenses up to the issue of the first numbers of the paper. It is the working capital—the sum estimated as necessary to meet outgoings from the day of the first issue until a steady revenue is reached—that now requires to be assured. Whilst these funds are being solicited by way of donations, Mr. de Valera will, of course, not derive personally any monetary benefit from them. He intends to make the necessary and proper arrangements to ensure that if any profits accrue from the enterprise or if there should be any distribution of assets, such profits and the amount of any such distribution will be made available for the donors, according to their respective donations. For that purpose, a register of those on whose assigned Bond Certificates a payment of ten dollars and over is made, will be carefully kept. Payments of amounts of less than ten dollars and the fractional parts of one dollar in payments amounting to more than ten dollars, will be credited to the assignors as advance subscriptions for which they will receive an equivalent number of copies of the weekly edition of the proposed newspaper when issued."

Personally, I am not aware that the proposed weekly edition has been issued. It does seem to me a scandalous thing, if I may say so, to propose that we pay back money we do not owe. It does seem to me an appalling thing—if we were in a particularly flourishing state, we might feel that a million pounds was nothing and that we were making a nice gesture—that we should hand out this money without reference to whether or not it is going to people who have come into possession of the bonds by a legal trick which, I think, would not be permitted in this country, but which is, apparently, permitted by American law. It seems to me that the Dáil should not sanction this payment. It was stated here that this handing over of bonds in America amounted to £80,000 worth, that £80,000 being made up of the payment of 58 cents. or 59 cents. to the dollar. Now we propose to pay 125 cents. to the dollar, which means that for every 58 cents., making up that £80,000, we shall now have to pay 67 cents. That means that we are going to pay more than £80,000 to this one person, as 67 is greater than 58. On top of that, we are going to pay as many £'s as there were 17/3's in the amount. Consequently, it seems to me that if we do this the country will be acting in a perfectly mad way. We are going to pay money we do not owe. The President, proposing this, swore we did not owe the money. We are going to pay it to people who went into court to say we did not owe it. We are going to do it after the court of the State to which these people belong solemnly decided that we did not owe the money. Why are we being asked to repay the money at this moment, above all? Remember, the other parties to this case were not even completely content with the courts.

I would be interested to hear if the President means in bringing in this Bill to assert that this Dáil is the ordinary successor to the first Dáil, because repeatedly in this White Document, published by order of this House, Mr. de Valera, who is now President, asserted that the Second Dáil was still in existence, and if the Second Dáil is still in existence they and nobody else should pay this money back. Deputy MacEntee put it this way:—"We have a right to utilise the funds, distributed in the way we feel best, and it would ensure the case of the bondholders in America; it will be the only way to ensure that the funds will not get into the hands of the Free State." If these funds were to be kept out of the hands of the Free State, the least they could do would be to say that they would not pay back the money on the ready basis which was denied by them and by the President. Therefore this Bill should not be persisted in. If this Bill is persisted in, this is not the time in which to persist in it. The President should not persist in it at this moment when ordinary justice to the original bondholders would demand that the money should only be paid back to the actual subscribers to the bonds. Assuming that the President has the ordinary feelings of shame that we associate with ordinary human beings, and surely with extraordinary human beings whose sole motive in life is to create a proper Christian spirit in the world, I think he should be the first to move an amendment to say that no money should go to the repayment of the transferred bonds, but to the original subscribers.

I am in some ignorance of this whole matter. There is a question of 80,000 bondholders who are to get a large sum of money.

These 80,000 bonds plus now 100,000 bonds were handed over to Mr. de Valera without any sum being paid for them, and without any stipulation being made as to the people deriving any rights whatsoever to hand over that money; also, great care was taken to see to it that the people would do this by a Power of Attorney.

Is it in order after a Deputy has concluded his speech that another Deputy should ask him a question and have it answered? I understood that questions in this House were to be addressed to members of the Executive Council.

Of course a Deputy can ask questions of another Deputy who has just spoken where the Deputy wants elucidation of any point, if the first Deputy is willing to reply.

Are we to assume therefore that the Deputy is to be given an opportunity of making two speeches?

No, not to make two speeches, only to make clear whatever point Deputy Minch wants cleared up. That is all.

Whenever the people on the opposite side want somebody to make a dirty case they know very well whom to choose for it and the Deputy who has just spoken has lived up to his record in that respect. There is nothing that I personally or the Government have to fear from the fullest examination of this position. The first question is: Why is the Government going to redeem this loan? Why are they going to pay back money to people in the United States of America who subscribed that money at a time when this country wanted it? Why are they going to pay back that money to them?

Listening to the last Deputy one would think that he never heard of an Executive Council or that certainly he was not a member of the Executive Council that had itself undertaken to pay back that money.

It is on the records of the House. I have not the debates with me because it is only now I was informed that statements such as the Deputy has been making were being made. I have not the dates. But surely the Deputy knows that the Minister for Finance and the Government of which he was a member gave me, when I was on the other side of the House, a definite undertaking that this money was to be paid by the Executive Council that has gone out of office.

The date? The date is important. I understand that all right. I am aware that we undertook to pay it back. I accept the President's word for it.

The Deputy cannot speak twice on this motion.

It was only to clear up the matter.

The Deputy knows full well that that statement was made and that the previous Executive Council undertook to pay that money. Why did the Executive Council undertake to pay that money? For the selfsame reason that we have undertaken to pay it, I expect, and that is because there was no other body that had the resources of the country at its disposal and that was in a position to discharge the obligation. That is why and that is the reason why we propose to do it. The previous Executive Council did commit itself definitely to the American Government to pay that money. In a letter addressed to their representative in Dublin they committed themselves to that.

It is a fact.

The date is what matters.

This is a fact and the date will be given in due course. Why is all this wonder expressed by the Deputy that we are going to do something which they said they would do in any case? They either meant what they said when they said that they were prepared to redeem this obligation or they did not. Did they mean what they said when they said that they were going to do it or did they in any way press that it should be done?

Having pressed other people from those benches opposite that it should be done we did it at the moment we got into power. We propose then to do it ourselves without any further delay. The obligation undertaken by us in 1920 and 1921 when we got that money will be discharged. This money was subscribed as a loan to the Irish Republic and our obligations were to repay that money or to turn it into gold bonds which would make it repayable when a certain thing happened. Deputies on the opposite side of the House did everything in their power to prevent that thing from ever happening. They made it impossible for us who gave these pledges in the name of the people, to meet the obligations as they were there. But there is one thing fundamental in the whole of it and that is that the money was subscribed by private individuals in the United States to help this people in their struggle and now when this people, through its representatives here, are in a position to redeem that obligation we mean to do so and to see that it is fulfilled. The members on the opposite benches do not deny that obligation. When they were on these benches at least they did not deny that they were to do it. They might have said that they were paying it although literally it was not due from them and legally it was not due from them; in contract terms it was not due from them. And that was the position they took up in the courts in America. That was the position—that they were not obliged to pay this money and that they gave no definite promise that they were bound to pay it. But afterwards when questioned about it here they said they would pay it and they committed themselves to the Government of the United States to pay it. Again, I ask what is the reason that the Deputy who, as a member of the Executive Council, was a party to that promise and pledge, pretends now to be surprised that we are paying the money?

The American courts decided that we did not owe it.

This promise was given to me long after the American courts decided that we did not owe it. This House decided that we did owe it. I do not think I was a member of the House when the American courts decided that we did not owe it, but it was when I was on the other side of the House that the promise was given. Again I ask why is the Deputy so surprised that we are proposing to do something that he, as a member of the Executive Council, assented to when he was on these benches here? I hope that any Deputies who are listening here will understand that we are doing what the previous Executive Council said they had intended to do. The only thing is that we are still in doubt whether they meant it or not. Our attitude is that these moneys were subscribed for the benefit of the Irish people, to aid them in the struggle—the life and death struggle as it was at the time—and that the individuals who subscribed that money are entitled to get their money back.

Now comes the question as to whether or not it was a gift. What are the conditions under which the money was given? Did the subscribers expect anything back? Was it a gift? I cannot tell what they expected. What I do know is what we promised. We said to them that we could not, of course, guarantee—nobody can guarantee—the complete success of a struggle such as we were engaged in. We did not pretend to be able to guarantee it. Therefore, those who subscribed that money, naturally, did not get the guarantee and did not have the certainty that the person subscribing to a State, which was established and recognised, would have in subscribing to a loan floated by an established and recognised State. They did not have that certainty. I could not have guaranteed what they would get, when they asked what they would get back. This I did guarantee, however, that if the Republic were established and the Irish people achieved the freedom which would enable them to honour debts which were floated in the name of the community as a whole—if they won out to that extent—the subscribers to the loan would be repaid, and repaid not merely with regard to the principal but the interest. I was more conservative on that question of interest than was the Minister for Finance here at home in the internal loan, because I safeguarded the community to this extent, that we would not have a large amount of interest accumulating, perhaps for a considerable period of time, and the interest was to begin to run from a certain date, namely, the date when the British occupation of this country was got rid of. The people then in America gave their money because they wanted primarily. I would say, to help a cause. But we asked it from them and said: "We are not a recognised State; we are floating this loan in order to win our freedom and, if it is won, then we will do certain things." What are we concerned with? Is it whether the people wished or expected to get their money back or not? I say "No." The expectation of getting their money back varied, probably, from individual to individual. Nobody can tell. No doubt, a large number of them would have given it as a free gift if we had asked it on these conditions only; but we did not ask it on these conditions. We went out to get it as a Governmental loan and as a Governmental loan it was floated, and, as a Governmental loan, we are the only people here who have the resources of the community at our disposal to meet these obligations. It is because we recognise that, that we say in the name of the community, or of a large portion of it, the Twenty-Six Counties, that we propose to fulfil their obligations. I am glad, for one, that it should have fallen to my lot, as the person, primarily, who asked for that money in America and who knows best under what conditions it was obtained, to say that again in the name of the Irish people we are able to redeem our promise. It is one of the greatest pleasures of my life to be able to meet all the misrepresentation that was made at that time and to be able, in the name of the community, to pay back that money.

What are the terms upon which we propose to pay it back? A certain portion of the money that was not spent was disputed. I, as trustee, disputed it and, to-day, I have no reason to think that I acted otherwise than rightly in disputing it. We disputed —I, as trustee, disputed—the right of the Free State to get the balance; and the court decided that the balance should be given back, pro rata, to the original subscribers. In this Bill we propose to take credit for the portion that has been given back. In other words, the subscribers have got a certain portion of the money owing to them, and we propose to give the difference between the sum they received from the court and the sum representing the principal and five years' interest at the rate of interest that was specified in this bond. We think that is fair under all the circumstances, and the representatives of the bondholders were prepared to accept it. They considered it would be fair and the proposal in this Bill is to give, for every dollar subscribed, the original dollar back plus 25 cents. as interest, which only covers one-half the period in question. Therefore, I say with regard to two points first, as regards the readiness of this Government to pay it back, I have pointed out that we are only doing what in any case our predecessors said they were prepared to do; and, secondly, in regard to our obligations, I have shown that the money subscribed was given under pledges— whatever may have been the hopes of the individual subscribers that they would get back much or little—that it was given and accepted by us under definite promises, and we are attempting to see that these promises are carried out.

The next suggestion is that it is not a convenient time to pay this money. I do not know what was said before I came into the House. I am only taking up the points raised since I came into the House. One of these points is that it is not a convenient time to pay this money. I do not know, but I think that some people, if they wanted an excuse, could say that it was never a convenient time to pay. I think, as there is an obligation of this sort, which, relatively, is not a huge sum, and which is of tremendous importance to our credit, that it should be paid. A good many of the people who subscribed at that time would be very glad to have it now, because they are not as affluent—a number of them—as they were at that time. Once we have decided that it is to be paid, however, and once the previous Executive had made it clear that they wanted it to be paid, the question for us was that it should be paid as soon as may be. We are merely choosing the present time because the Receivers have finished up their work of returning the balance. There is available in the United States at the present time, I know, an office in which are the full records of the people to whom a certain portion of the money has been paid. With the records that are there available we can start immediately, with the least possible delay, and the least possible inconvenience, and, I would say, with the least possible cost, paying this money. On our assuring the court that we are going to pay this money, we can get possession of these records and be able to discharge the balance of our obligations. We propose to do this once the Receivers are discharged and the records made available for us. As a matter of fact, the Receivers are being discharged now. The records will be available and we propose to distribute this money with all possible speed.

The exchange value of the dollar varies from day to day. A few months ago it would have been more against us than it is to-day. In all probability, in a few months time, when the moneys are actually being paid, the balance of the exchange will not be as severe against us as it is to-day. We cannot settle those things. We are paying off our obligations in the coin in which we received them. The third point, therefore, as to why we are choosing this particular time, must be obvious to Deputies. The giving away was completed; the Receivers were being discharged; the document and records which will enable us to pay the balance of the money are available at this moment, and were not available heretofore. The previous Executive, if they had the mind, could have given the balance to the Receivers, and made some arrangement by which the whole sum could have been paid at once. They did not want to do that. Those gentlemen who suggest now that I have some personal reason for it are simply reading their own hearts and minds, and had a personal reason for not paying before. They are trying to attribute to us the same mean motive as they had themselves.

What was that?

Of preventing people who put portion of that money into an Irish enterprise from getting the balance.

We have no knowledge of anybody putting anything into an Irish enterprise.

The Deputy is very innocent except when he wants to misrepresent matters and mislead people by his false statements.

I read that from the President's own documents.

The Deputy can insinuate as much as he pleases, but the Irish people know full well that I personally never got one penny out of anything I did as far as Ireland was concerned. There is no single person who can better stand examination on that point than I can.

I have got the document there.

What document have you got?

The Power of Transfer.

The Power of Transfer to me as trustee—why not?

There is no mention of trustee.

Does the Deputy suggest that I personally had one penny from that?

I am only suggesting what is in the document.

You are suggesting that, and you know it, and it is an untruth.

I will read it again if the President likes. There is no mention of trustee.

The Deputy knows full well that I went out, in a character which was that of trustee, to get money to found an Irish paper and that I invested the money in that paper. He knows it full well.

In whose name?

In my name as trustee for the subscribers, and on condition that not a single penny of dividend, or distribution of assets, if there should be such, could ever come to me personally.

Not under the Power of Attorney.

No, but the Deputy knows me long enough to know that it is a lie to insinuate for one single moment that I ever profited one penny by any work I did as far as Ireland is concerned. He knows it full well, but the Deputy is hoping that people who do not know me, as well as he should and does know me, only he wishes to put this inference on what he knows—

I merely stated a fact, and the President knows it is a fact.

The Deputy has suggested what is untrue.

I am suggesting nothing of the sort.

The Deputy has better now keep quiet.

Because I am in possession at the moment, and I have the right to make a speech.

The whole tenor of that speech was a suggestion that I personally was going to profit by these moneys. If any committee of this House wants proof, I can give them absolute proof that I cannot personally profit one penny piece by the money that is being distributed. I challenge any committee of the House to examine and see whether I can profit to the extent of one penny piece of this money. I went over to America at a later period, on the same sort of mission that took me to America on previous occasions, namely, to do my best to organise the support of the American people for the struggle of our people for complete independence. I never went to America on any other mission. One of the means by which the movement for Irish independence could best be organised and supported, in my opinion, was through an Irish newspaper, a newspaper that would really represent the Irish people, and I went to America to get subscriptions for the capital of that newspaper. Whilst I was there, and in fact before I was there, suggestions were made that people who had already contributed to the movement for Irish independence here from 1921, and who helped the Irish people, might assign their interest in those subscriptions for another Irish enterprise; that their subscriptions might go to the capital of an Irish newspaper. They did what they had a perfect right to do with their own property; a number of them did assign their interest in those bonds for that purpose. Why not?

It is not in the assignment.

That is what I want to know.

Why could they not? Why did the previous Minister for Finance, sitting in this seat, try to exclude the possibility? Because he wanted to deprive those people of the right of using their own money as they chose. They wanted to deprive them of that right because they thought they would choose to use that money for the support of an Irish newspaper.

Ridiculous!

That was the reason. It was patently the reason. What is worrying gentlemen on the other side is that they are no longer in the position in which they could dictate to people who gave their money how to use the interest they have in that money.

That is what is the trouble. That is what concerned the gentlemen on the other side.

We did not want the people to be swindled.

They had hopes that they would still be here, and that they could see to it that those who invested that money through investing their interest would not receive the balance of the money due to them.

That is not true.

I should like to know then why all this change in the attack, when we are doing, or propose to do, exactly what they said they were going to do. What is the reason for it?

It is not the same.

It is quite clear to me at any rate what the reason is, and I repeat that it is because they see themselves now deprived of the power they had then, the power of dictating to people who had subscribed their money in America, first to the Republic, and then assigned their interest to an Irish enterprise, and telling them "If you do that, you are going to lose your money."

There was never any such suggestion.

Of course not! Those gentlemen are very innocent when they are making charges, and are very innocent when those charges are being refuted, and their real purpose is being exposed. What is the position with regard to those people who have assigned the bonds? As trustee I invested in their name in the "Irish Press." They were formed into an American corporation. Each one of them has got a bond from that American corporation. They have got bonds from that American corporation giving them an interest— a part share interest; a pro rata interest according to their subscription—in the total sum that has been invested in the "Irish Press."

As regards the "Irish Press," every cent of dividend and every cent of division of capital, if such were ever to be made, goes completely to the American corporation, to be distributed to the individuals who have shares in that corporation. What is the contention of the people on the other side? Is it their contention that the people who owned this money and had the right to it were not entitled legally to assign it? If they did assign it to me, so they contributed the millions of dollars which they did contribute in America in 1919 to me. It was in my name in every account and it has never been suggested by anybody—it waited for the Deputy to suggest it—that a single penny of money that I ever had to handle was not fully accounted for.

I suggested nothing of the sort.

The suggestion running through every title of the Deputy's speech that I have listened to has been that I was personally going to profit by this money.

You were personally interested in the maintenance of the "Irish Press," in the continuance of the "Irish Press."

The suggestion was that I was personally going to profit. I am told by one of the Ministers here that the actual words used were "going into my pocket." If that is not a definite enough suggestion, I do not know what is. Is it the contention of the people on the opposite side that an American subscriber is not entitled to do what he pleases with his own money? If American subscribers cared to give it to me personally, and I cared to receive it, had they not the right to do so if they wanted to? I would not have accepted it from them and did not at any time accept it. What I did do was: I invested that money in the "Irish Press" on conditions which meant that every single cent. of dividend on it would go to the American corporation to be distributed, and any beneficiary interest that I have in the "Irish Press" will similarly go for distribution. But suppose it were otherwise, and suppose the American subscribers chose to give it for some other set of circumstances, had they not the right to do what they pleased with their own? Does any Deputy on the opposite side deny them the right to do what they please with their own money? I do not see that anybody is prepared to do that. These American subscribers deliberately reinvested that money in an Irish enterprise, in the "Irish Press." If, as a result of that assignment, their interest in the "Irish Press" is to be increased, why should they not, if they chose, have it so?

If they choose.

If they chose.

When they legally assigned all their bonds they knew what they were doing.

I doubt it.

Of course not—they were all simple fools; they did not know when they were assigning their interest in a bond for a certain purpose that commitments were going to be made on that purpose and that they could not get it back again. What they are getting instead, and what they have got, is their full share of interest in that Irish enterprise. But long before the "Irish Press" was in question I raised this matter. It had been stated definitely here that this money would be repaid. Suppose it were otherwise, who here has the right to deny that the subscribers in America to an Irish enterprise should get the full value of their money? Who is going to say they must be denied this money? I would like to hear. The end of it, therefore, is that every single one of the suggestions made by the Deputy is a false suggestion.

Every one true.

Every one a false suggestion. We propose to pay this money back. So did our predecessors.

To the subscribers.

We are proposing to give this money back to those who gave it, or to their legal personal representatives.

The assignees.

We are not interested, as the Deputy would be, in preventing the "Irish Press" getting that money. That is the difficulty with the Deputy. I can quite well imagine him trying to make a case for denying the Americans the right to use their money as they please and trying to make a case in order to prevent the "Irish Press" from getting what was its own capital and the American subscribers from getting what they are entitled to, their pro-rata interest. This file does contain the necessary matter which will be given at a later stage. But what is the relevance of the dates? I think the Deputy suggested, "Oh, quite a different state of affairs came into being after the American courts had given their award." So far as I can see there has been no change whatever. Unless I am completely mistaken, it was long after the award in the American court that I, from these benches, heard the then Minister for Finance giving a pledge that he was going to redeem these bonds.

In bringing in this Bill we are simply doing what I always felt it was our duty to do, and that is that we should pay to the American subscribers, when we are able, out of the resources of the community, the money they gave us when we were very glad to get it and when we were not too concerned as to whether we would be paying back the dollar at a higher exchange value than it was at the time.

We have listened to a very long and, in parts, somewhat hysterical speech from the President. It would be well to analyse a little of the speech which the President has made. To begin with, the President has not in the slightest way traversed the suggestion that this Bill is a most extraordinary volte face on his part. He has not challenged the statement, because obviously it cannot be challenged, that at the time this matter was in dispute, in litigation, before the American court, he took up the attitude, and that, furthermore, he placed on affidavit made on oath his then view, that the Irish Free State was not entitled to this money or any part of this money. On those grounds the matter was litigated in the American courts and the American courts distinctly held that the Irish Free State was not entitled to these moneys. They did so because President de Valera had litigated and put forward that point of view. He comes here now and says that though the Irish Free State was not entitled to that money, as they were strangers to the transaction and were not heirs to the borrowers of that money, yet the liability to pay was the liability of the Irish Free State. That, of course, is a complete abandonment of his earlier position. His position now is an admission that the right to receive such moneys was in the Free State because the right to receive and the liability to repay are so correlated they cannot be divorced.

I am always interested in the various changes of mind and attitude and the various changes of belief through which the President passes from time to time in the particularly varying and changing state of his mind. It is interesting to watch, from day to day, and to see how gradually he is abandoning and how scrupulously he is slipping steadily and steadily away from the attitude he took up in 1922 and subsequent years. It is all very interesting to see these changes. The Bill now before the House is one of the most remarkable examples of the changes he made, and through which he is passing and, I certainly hope, through which he will continue to pass until he gets a better outlook on Ireland and Irish affairs, than he seems to have at the present moment. But it is strange that the Government now in office should bring in this Bill for a return of this money when they tried so hard and so strongly to prevent the Government then in office from receiving the moneys which were lying in America.

There were certain statements that the President made—of course he made them in a great state of excitement, and when one makes statements when labouring under great excitement, it is rather unfair to pursue them too narrowly. He said that members of the former Executive Council stated that if people invested money in the "Irish Press" they would lose their money and would not be recouped. I should like to know where, and by whom, any such statements were made. It would be very interesting to know that. I would like to know the authority upon which that statement of the President is now made. I, for one, made no such statement. There were other things that the President said that were very strange. For instance, he said that the "Irish Press" represented the Irish people and that the establishment of this newspaper was a national enterprise. Surely not even the President, in the greatest moments of his enthusiasm, will urge that the "Irish Press" is a national newspaper. Surely to goodness, if you were to search the face of the earth you could never find any daily paper so completely a piece of Party propaganda as the "Irish Press." No; you could not get it anywhere. The "Irish Press" is merely a political pamphlet, three-quarters of which, of course, is taken up with sporting. Leaving out the sporting news, and the racing news and all that type of news, and leaving out the very small quantity of advertisements it receives, the rest of it is a political pamphlet pure and simple. To call the "Irish Press" a paper representing the Irish people is a flight of rhetoric which requires a very considerable amount of courage to embark upon.

The President asks why have not people a right to invest money in any way they like. At the same time, rather contradictory to that, he says that people who subscribed this money in America for the loan now want their money back. I am quite certain they do. That money was subscribed, for the most part, by persons of meagre means, and now they would like to have their cash. But will they get it? Is not a very considerable portion of this money going to be invested in shares in the "Irish Press," and is it not a fact that these people will not get the hard cash at all? No matter how hard up they may be, out of work and starving, walking the streets, they will not get the cash. They must wait for the dividends and to have a number of cents posted to them to America. I think that is rather a curious position. I thought that some money was subscribed for the "Irish Press" in this country, and that the people who subscribed in this country would require to get their dividends. However, we are told to-day that the dividends are to be sent to America.—

I said pro rata.

That might have been the President's intention, but the President, I am sure unconsciously, conveyed it differently to me.

No, I said pro rata.

Well, pro rata, the dividend will go to America. These people have not got the cash in their hands. They are in America and they do not know what will happen here. They have not the ready money in their pockets. They have been asked to invest this money in an Irish newspaper about which they know nothing. A great many of them say to themselves "In all probability we will not get any money," and in that frame of mind they agree to pass on the money for the use for which it is asked. I will not say that that is a dishonest course—I do not say that at all—but it savours very much of sharp practice. If the President waited and held his hand, and I do not know why he did not, if he had waited until those persons got the cash into their pockets, and then circularised them inviting them to subscribe to the "Irish Press," that would be all right. They could then invest their money any way they liked. But that was not done. It seems to me, and I venture to say it is certain, from my knowledge of human nature, that the President has got ten, 15, 20 times, and possibly more than that, the amount of money by the method which he adopted, than he would have got if he waited in the ordinary course until those people had received their money back into their own hands. If they had a bird in the hand they would not have parted with it at all as willingly as they have under the seductive influence of President de Valera when he pointed out to them that if it was not a bird in the hand it was a bird singing in the bush. I do not know how much of this particular money is going into the coffers of the "Irish Press," but it does seem to me that undoubtedly a very large sum is going to the financing of the "Irish Press." I do not think that the speech which the President made was a very satisfactory explanation of going to persons beforehand and getting them to undertake to invest money which they had not already received. This money, according to the President at an earlier time, was in theory not ours, and, according to the President's then view, this state was not entitled to it. This late argument which he put forward a few moments ago, that we should discharge it because there is no other body in the country which can discharge it, seems to me still, for a certain time, to stick on to that old view, that the money did not belong to, and that the liability is not attached to the Free State. But, if the money does not belong to, and if the liability is not attached to the Free State, then most unquestionably the Free State should not pay.

My interest in this matter is purely from the point of view of what the real liability of this State is. I do not see that the "Irish Press" enters very much into it one way or the other. If we owe this money we ought to pay it; if we do not owe it we ought not to pay it to the people in America, the shareholders of the "Irish Press," or anybody else. I must say, with respect to the President, that I have noticed since I came into this House that the President speaks in two strains. When he has a good case he speaks calmly and at length; when he is not quite so sure that he has such a good case, he has a lock of hair which is in the habit of shaking down into his eye and he speaks passionately and with, I must say, compelling eloquence. I notice that the lock of hair has come into his eye this afternoon. The difficulty that I find is this, and it arises from the President's affidavit: if this balance of money that was part of this loan was not the property of Saorstát Eireann, I do not see how anyone can say that the liability to repay any part of the loan is the liability of Saorstát Eireann. I could well understand the President saying in public now: "I am marching towards the Republic, and I pledge my faith that when we declare a Republic in Ireland I shall redeem these bonds, or such part of them as has not been redeemed, to the people who lent the money." I cannot, however, follow the logic which says: "Saorstát Eireann is not entitled to this money, and, before it is given to it, it should be handed back to the people who subscribed it," and in the next breath to say: "Saorstát Eireann must repay this money." And why? Because there is nobody else to repay.

I am not concerned with the circumstances under which this money was raised. As I had not hand, act or part in the movement which sought this money in America, the only thing that remains for me to decide is whether the State, of which we are all citizens, is liable for the money. It does not matter who raised it or in what circumstances it was raised. If they effectively pledged the credit of this State, to which we all now belong, this State should pay the debt. If they never meant to pledge the credit of this State, if they did not actually pledge it, and if the courts of the United States of America have held that this State is not entitled to the benefits of the loan, I cannot imagine why we should assume liability for the debt.

The President also stated that he thinks, whether the time is propitious or not, that we ought to repay now. I cannot agree with him there, because, after all, if it is an obligation at all, it is a moral obligation to repay, and it would be quite legitimate, in the very exceptional circumstances prevailing in the world at present, to postpone this repayment until settled conditions exist in the exchange markets of the world. There does not seem to be any valid reason why we should elect to make this payment just at the moment when it is exceedingly inconvenient from our point of view. I do not know whether the President will consider that point later on, but what I have yet to hear with particular interest is, how the Government makes out the case that, though Saorstát Eireann is not entitled to the benefit of the balance of the loan, yet Saorstát Eireann is liable to repay.

Like Deputy Dillon, I do not know anything about the initiation of this loan, but when the President was speaking he referred to the definite promise given to the American Government. I should like to hear explained how the American Government come into this, how the American Government could be responsible for what we have listened to during the last hour. There seems to me to be nothing but confusion. Are the American Government, responsible for seeing that an American citizen is paid back? I should like to have that cleared up. The President also referred to repayment at present, whether it was propitious or not. Everybody who was in America after the war knows that there was a tremendous boom there and that money was pouring into every household in enormous quantities. The whole world was paying America. We have to repay this now under a currency condition which, in the actual comparison of the two dates, seems unfair. It is quite probable that there will be a stabilisation of currency as a result of the International Conference in London and it might be, therefore, to our advantage to wait. I am not dealing with this from a Party or biassed spirit. If the money has to be paid it should be paid. I should, however, like to hear a little more about the American Government officially recognising a fund that was given for the Irish Republic.

I think all sides of the House will agree that we should pay all sums which we are even morally bound to pay—for which we have a moral obligation. I, for one, would support any proposal to pay to meet our moral obligation if it is our moral obligation, outside our valid legal obligation. Perhaps this is an inopportune time and I might say an inadvisable time for the President to make this proposition to the House. He is asking us to pay money, the payment of which is founded upon an agreement operating in circumstances which have not yet even arisen—the payment of sums to people, many of whom, the President himself admitted, may never have expected to receive these sums. Contrast that with our attitude on another agreement which was founded on at least as solid, if not a much more solid, basis than our attitude on this. We are at present fighting a war to escape payment and I say it is injudicious at the moment to ask people who are bearing the burden and expense of meeting a war because of our failure to meet one agreement to bear the cost of fulfilling this moral obligation—and it is a moral obligation. I suggest that, having waited so long, we might have waited a little further for two reasons. I have already suggested one and the second is that the money market is against us. The sum we will have to pay now, as even the President admitted, will possibly be greater than it would be a few months hence and perhaps, a good deal greater than it would be a year hence. There is a third reason why we should not make this payment, that the original subscribers to this relatively small sum, as the President put it—I doubt if the taxpayers will consider it just now as a relatively small sum—were perfectly justified in re-investing the money in anything else. They were, when they got it, but we are asked to help them to reinvest what they have not got. They have not got it yet and we are asked now to help people, as the President said, to put money into Irish enterprise but to put money into an Irish enterprise which is operating in competition with other Irish enterprises of the same class which must bear the burden of this payment. That is an argument that we should not lose sight of. This particular newspaper, which it is admitted is going to gain a good deal if this Vote is passed, is in competition with other newspapers in this country who must contribute largely to the finding of this sum. For these reasons, I think there is justification in opposing this at this particular time. We all agree, I think, that any moral agreements that were made in our name should be met at some time but we are, at the moment, engaged in a controversy about the keeping of another agreement and it is not the time to ask the people who are suffering from the financial point of view very drastically to meet this big bill now.

I think the House has seldom listened to a speech which did so little credit to the maker than the speech we had to-day from Deputy Fitzgerald. I do not propose to try to resuscitate the dead. I think the suggestions which the Deputy made have been dealt with so fully by the President that no person is likely again to have the hardihood to repeat them, but, at the same time, there should be given clearly to this House an account of the transactions which have led up to the introduction of this Bill. The President has already dealt with the circumstances under which the money was raised, the purposes for which it was raised and the obligations which were assumed by those who represented the Irish people at the time and most of whom represent the Irish people to-day, but, apart, altogether, from any responsibility which they may have assumed in their representative capacity as members of the Dáil, they have a personal responsibility in this matter— a personal responsibility which they ought to have discharged before this. The first definite official acknowledgment that the Free State had any moral obligation in this matter is to be found in Section 6 of the Dáil Eireann (Loans and Funds) Act, 1924, in which it is stated:

It shall be lawful for the Minister to take such steps as he shall think proper to ascertain the names and other particulars of all subscribers to the external loans or either of them and the amounts subscribed by them respectively.

It goes on to say:

The Minister may at any time issue to every subscriber to the external loans or either of them a stock certificate for a sum equal to the amount so subscribed by him.

(3) The Minister may at any time redeem all or any of the stock certificates issued under this section either

(a) by paying to the holder thereof a sum equal to the nominal amount of the certificate together with interest on that amount at the rate of five per cent. per annum from the date on which the amount aforesaid was fully subscribed to the loan to the date of redemption or....

The next sub-section sets out:

There shall be charged on the Central Fund or the growing produce thereof such sum as shall be required to redeem in manner hereinbefore provided all stock certificates issued under this section and to meet the expenses in connection with the issue or redemption of such stock certificates.

In case there may be any doubt in the mind of any Deputy as to what the Oireachtas meant when it passed this Act on 18th February, 1924, it is advisable to refer to the definition section wherein the expression "external loans" is defined as meaning and including:

The loan floated on and after the 21st day of January, 1920, under the authority of the first Dáil Eireann by public subscription in the United States of America and the loan floated on and after the 15th day of November, 1921, under the authority of the Second Dáil Eireann by public subscription in the United States of America.

—the two loans which it is proposed to repay almost ten years afterwards by this Bill. A reference has been made here to certain legal proceedings in America to which the President was a party. It may be not entirely without significance to note that these proceedings had been initiated in 1923 and this Act was passed in February of 1924. In view of the suggestion which has been made by Deputy Fitzgerald and the attitude which was taken up by President de Valera at that time, it may not be entirely without significance that the Dáil, as hurriedly as possible, assumed full and complete responsibility for honouring and discharging these loans. The proceedings in America were somewhat protracted but, apparently, it was thought that, at one time, at any rate, the case which the then Government of the Irish Free State was making in regard to the loans might, in some way, be sustained or assisted if some definite steps were taken to honour the obligation which was assumed in February, 1924. I have here on the file this minute—the document is dated 15th October, 1926:

To the Private Secretary,

Minister for Finance.

A Chara,

I have to inform you that the Executive Council at their meeting on the 13th instant decided that immediate steps should be taken for the redemption of the Dáil Eireann External Loan of 1919-1920; that repayment in full should be made to the registered subscribers ....

That was on the 15th October, 1926.

Would the Minister say who signed that minute?

It is from the Secretary to the Executive Council. Accordingly, we find that, on 9th October, 1926——

Is it a minute of the Executive Council that the Minister is reading?

No, a decision——

It is a quotation from the minutes?

——communicated for official action to the Department. I should like to safeguard myself, sir. That was not a minute of the Executive Council; it was an official decision communicated for official action by the Department.

I cannot hear what the Minister is saying, and I do not think that anyone in the House can.

It was the ordinary official communication which was issued. Accordingly, on 9th October, 1926, we find that the then Minister for Finance, accompanied by officials of his Department, was in London negotiating for the repayment of the Dáil Eireann External Loan. I merely read these extracts in order to prove that what I have said is true. This is addressed to "the Hon. Ernest Blythe, Minister for Finance of the Irish Free State Government." It begins:—

"Dear Sir—Referring to the conversations which my colleagues and myself here had with you with reference to the Republican certificates outstanding in the United States, I have pleasure in presenting to you formally our institutional viewpoint and proposals reached after a careful consideration of the entire situation."

Whom is that from?

It does not matter, but it is addressed "to the Hon. Ernest Blythe, Minister for Finance."

Would the Minister say whom it is from?

The Government's fiscal agent in America.

The Irish Government's?

Yes. On the 18th October, 1926, we had this:

"To the Secretary, Department of Finance: I am directed by the Minister for External Affairs to acknowledge receipt of your minute of the 16th inst. regarding the repayment of the Republican Loans in the U.S.A. and to state that the necessary instructions have been issued to the Minister Plenipotentiary at Washington."

And on 20th November, 1926, we have the draft of the agreement which was to be concluded between the Irish Free State and its fiscal agent in New York for the immediate repayment of the Dáil Eireann Loan. The relevant section is this:—

"Whereas by Act (No. 3 of 1924) known as the Dáil Eireann Loans and Funds Act, 1924, hereinafter sometimes referred to as the Loans Act, the Oireachtas of the State has authorised the Minister for Finance to issue to subscribers to each of the external loans referred to in the said Act (being the loan floated on and after January 21, 1920, under authority of the First Dáil Eireann by public subscription in the United States of America and the loan floated on and after November 15, 1921, under authority of the Second Dáil Eireann by public subscription in the United States of America) stock certificates of the State for sums equal to the amounts subscribed by them, respectively, and thereupon to redeem such stock certificates by paying to the respective holders thereof sums equal to the nominal amounts of the certificates together with interest on such amounts at the rate of 5 per cent. per annum from the respective dates on which the said amounts were fully subscribed to the loans to the date of redemption"

and so on.

I think it must be clear to any person who has listened to these quotations that there was no doubt in the minds of the then Government as to the moral obligation of those who represented the greater part of the Irish people to honour these loans at the earliest possible opportunity. It is true that at that period there were legal proceedings in America which possibly impeded the Government in carrying out its original intention. I am sure that, at any rate, is the excuse which they would have made at that time for the delay, but they never at any time suggested to those who represented any section of the bondholders, to those who represented the American Government in this country, or those who were the opponents of the then Government here, that their acknowledgment of that obligation was in any sense a conditional one. They accepted the responsibility fully and without equivocation.

The litigation which was then proceeding in America resulted in the rejection of the point of view advanced by the then Government of the Free State, by the Supreme Court of New York. In that connection it is interesting to recall that Deputy Fitzgerald, in the course of his speech, advanced this argument. Personally, he said, I do not think that these moneys should be returned, for the American courts have absolved us of any responsibility in the matter. The decision of the American courts was given in May, 1927, and the judgment in the matter was filed on the 17th June, 1927. The American Government asked the Government of the Irish Free State on the 1st May, 1928, to state the attitude of the State towards these obligations. On the 25th July, 1928, this letter, written to the Envoy Extraordinary and Minister Plenipotentiary of the United States of America in this country, was communicated by him to his Government and by his Government communicated to the then committees of the bondholders in America. The letter, written from the Department of External Affairs, was as follows:

Excellency: I have the honour to refer to your Excellency's Note, No. 63, of the 1st May, 1928, inquiring as to the attitude of my Government towards the American subscribers to the Dáil Eireann External Loan, 1921. The Government of the Irish Free State has repeatedly acknowledged its obligation to repay the bondholders of the External Loan, and this view has not been modified as a result of the decision given by the New York Supreme Court.

Notwithstanding the fact that Deputy Fitzgerald told us that in his opinion that decision had absolved the Government of the Free State of any obligation in the matter.

The question at issue is, accordingly, only one of the proper time and machinery to be adopted for the repayment of the loan. My Government is satisfied that no action can be taken until the receivers in New York have distributed the assets they hold. As you are aware, after examining the claims lodged with them, the receivers must report to the court giving a list of the claims they allow, and the amount of the assets available to meet them when an order for the distribution will be made. It would then be known what proportion of the bondholders are seeking repayment and to what extent their claims are being met by the receivers. As regards the machinery to be adopted, a difficulty arises from the method prescribed in the Dáil Loans and Funds Act for the calculation of interest as the incomplete data in existence will not, in the opinion of the Minister for Finance, allow him to ascertain the individual dates of subscription in many cases. The Minister for Finance contemplates that a short Bill will be necessary to amend the Dáil Loans and Funds Act to enable the procedure adopted in the case of the internal loan to be followed in redeeming the external loan. Consideration will also have to be given to the question of altering the procedure prescribed by the Act in regard to the intermediate issue of stock to be given to bondholders in exchange for their bonds.

Accept, Excellency, the renewed assurance of my highest consideration.

(Signed)

P. McGILLIGAN.

On a point of order. I assume that the Minister has got the permission of the American Minister to reveal this private communication?

I have already explained to the Deputy that this was in no sense a private communication.

Has the Minister got permission from the American Minister to publish that statement?

May I say that is my business and possibly the business of the American Minister, but not the business of the Deputy?

It is a matter for the House to decide whether it is proper that private correspondence, addressed to foreign Ministers, should be read in the House.

I have explained that this communication is not a private document. This reply was communicated by the American Minister to his Government who communicated its terms to the bondholders. It was, in fact, from a representative of the bondholders I got the actual copy which I have in my hand and which I have verified from the files as having been received by him. It was received by me in a letter in which the bondholders asked us to honour the undertaking given by our predecessors in office.

I accept the Minister's statement. It is the first time we have heard that this statement was published in America but we would have a right to object to its being published here.

The Deputy has referred to the reading of confidential documents. Whether Ministers should read such documents from files at their disposal is not for me to decide. If confidential documents are quoted in the House, documents which are not available to Deputies, any Deputy is entitled to ask that they should be made available to the House. They should not be further quoted unless the Minister is prepared to table them.

I have already explained that this is in no sense a confidential document. I have received it as an enclosure with a request from bondholders asking whether it was our intention to honour the undertaking given by our predecessors. I thought it would be necessary for me to read these documents to let Deputy Dillon know how these obligations came to be assumed by us and how it is that our credit and our honour are effectively pledged in this matter. I think I have made that clear beyond dispute, that there is upon us an obligation to repay at the earliest available opportunity, but in any event on the basis of the letter sent on behalf of the then Government by the then Minister for External Affairs—to repay these obligations as soon as the Receivers received their discharge from the Supreme Court in New York. We have been advised by our legal representatives in the United States that the Receivers may be expected to secure their discharge at any moment. We desire that the Dáil should put us in a position immediately to honour the obligations assumed by our predecessors and subsequently assumed by us.

As to the merits of the settlement of this matter which we have secured, the President has pointed out to the House that instead of the bondholders exacting- their pound of flesh, they have had regard to the financial circumstances not merely of this State, but of States in general. In 1924 whether merely for propaganda purposes or otherwise I do not know, our predecessors fixed the rate of interest on those bonds at five per cent. and we should be liable to repay at that rate for possibly a longer period of time than five years. There were, however, as Deputy McGilligan, the then Minister for External Affairs, stated, difficulties in arriving at the exact figure which might have been paid. Accordingly, it was decided that the best way and the most equitable, from our point of view, at any rate, and a way which those who represented the American bondholders thought would be acceptable to their people— who were anxious only to help the people of this country, and the Government of this State, in the circumstances in which they found themselves—would be that whatever liabilities and whatever obligations there were might be rounded off and compounded for if we repaid them for every dollar originally subscribed one dollar and twenty-five cents.

It is quite clear to any person who considers the terms of the bonds and the terms of the Act of 1924 that this was, from our point of view, a very good settlement. I do not want to stress it in pounds, shillings and pence, but undoubtedly it does mean a very substantial saving. If we were not immediately to discharge our commitments in this regard, I am perfectly satisfied those who were prepared to negotiate on behalf of the bondholders would expect the matter to be reopened and settled on the basis of conditions which might not be so favourable to this country as they are at the present moment. Apart altogether from that, even if this correspondence had not passed between the two Governments, even if there had not been these explicit negotiations for the repayment of the loan in 1926, and even if there had not been inspired announcements in the Press of America in 1926 and 1927 that the Government of the Irish Free State proposed to pay the loan it would still be necessary, in our own interests, to repay this loan at the earliest possible moment.

We have been accused by another State of repudiating our honourable obligations. Here is an obligation whose first basis, at any rate, is that of honour. People lent us money when no other people in the world would be prepared to advance a penny piece, in order that we might sustain the cause of the Irish people. It was advanced, as Deputy Minch has stated, in days when those who gave it had plenty of money but, owing to the change in world circumstances, their position is not now so good as it was then. Most of those who gave that money did not make any assignment of rights regarding repayment; they are people who are in dire need of it to-day. As we can afford it, and I think we can afford it, even from the humanitarian point of view if from no other point of view, we should immediately take steps to repay this money to those who want it for their own personal use. You cannot repay part of it without repaying the whole. But apart from that, it has been alleged against us that we are a people who repudiate our just obligations. This is an obligation which we assumed in circumstances when our prospects of repaying it might not have been very great. At any rate, when those who prevented us from fulfilling the full letter of the obligation were in power in this country, they assumed the moral obligation that the Irish people accepted in 1919, 1920 and 1921. The legal obligation they assumed definitely in 1924. They published the fact and confirmed that assumption in many negotiations, and in official negotiations, with another Government.

Secret agreements.

The agreements were not secret. The Deputy is so seldom in the House that he cannot follow a debate. The Deputy had better not talk about secret agreements or secret negotiations. I remember that, at a time when the Deputy was a member of the Cumann na nGaedheal Party, he was going around negotiating with other people, negotiating secretly to see how he could break up the Cumann na nGaedheal Party. The less talk we have about secret negotiations from the Deputy the better. Of course that was before he became a high flier in politics. These agreements were not secret; these negotiations were not secret. They were carried out openly, and were made the subject matter of comment in the American Press, and were accepted by the American Government as having been given in good faith, with all the sanction that would attach to the giving of official pronouncements. Having committed ourselves in that way, committed ourselves beyond recall, are we going to delay fulfilling these obligations, particularly when we have already been charged with repudiating payments which we say do not bind us, and which were never entered into by the people of this State? It seems to me, on that ground alone, that it would be desirable that the Dáil should honour its bond in this matter, at the earliest possible moment, that this Bill should get a Second Reading, and be passed speedily into law.

With regard to the letter from Deputy McGilligan, in which he announced the decision of the last Government not to pay any attention to the result of the legal proceedings in New York so far as the decision might be held to relieve us from the obligation, when Deputy McGilligan announced that decision of the Cumann na nGaedheal Government, did he get the formal approval of the Oireachtas which, I understand, the present Government considers necessary in order to give it validity?

I think the Deputy misunderstands the purpose of this Bill. This will be, in fact, a formal ratification by the Oireachtas of that undertaking. That is not the primary purpose of the Bill. The primary purpose is to amend the Act, in the manner which Deputy McGilligan implied at the end of his letter it would be necessary to amend it, and instead of compelling the Minister for Finance to pay interest at the rate of five per cent. per annum from the date on which the amount was fully subscribed to the loans to the date of redemption, to enable him to repay at the rate of one dollar 25 cents for every dollar subscribed. That makes the repayment terms much more favourable to the State.

I do not desire to express opposition to the Bill, but I understood the Minister to say that his hands were tied by that letter of Deputy McGilligan. This did not seem to me to be in accordance with it.

I do not think I used the word "tied."

With reference to Deputy McGilligan's letter, does the Minister base the obligation to introduce this Bill on the undertaking given by Deputy McGilligan, or on the status of the Free State at the moment?

Question put and agreed to.
Committee Stage ordered for Wednesday, 5th July, 1933.
Top
Share