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Dáil Éireann debate -
Wednesday, 11 Oct 1933

Vol. 49 No. 18

Ceisteanna—Questions. Oral Answers. - Personation Offences.

asked the Minister for Justice if he is aware (1) that at the last general election a number of persons were charged with and in some cases convicted of the offence of personation, and (2) if he is prepared to introduce proposals for legislation, at an early date, making the minimum penalty for this offence six months imprisonment with hard labour with out the option of a fine.

The reply to the first part of this question is in the affirmative and to the second part in the negative.

Why is the Minister so reluctant to introduce legislation to deal with this horrible practice of personation at elections? Is his reluctance due to the fact that his Party is kept in office by reason of this abominable practice?

I do not know whether the Deputy knows the law on the matter or whether he has bothered to inquire into the law. There is nothing to prevent a district justice at the present time imposing a sentence of six or even 12 months' imprisonment if he considers the offence warrants it. I do not propose to interfere with the justice's discretion.

Is the Minister not aware that there are certain flaws in the Act that require some revision.

The Deputy's question refers to penalties.

Is the Minister aware that many of his own supporters were brought up and the charges against them were dismissed?

I do not want to attack the courts here and I do not think the Deputy should either.

Apart from the question of penalties, is it within the Minister's recollection that the Government was appealed to not very long ago to consider certain proposals other than penalties for the prevention of personation? Has such consideration been given, and if not, will it be given?

That is a matter for the Department of Local Government. I understand a committee of the House was to be set up.

I hope the Minister for Local Government has managed to overhear the question.

I am afraid I was not listening.

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