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Dáil Éireann debate -
Thursday, 26 Apr 1934

Vol. 51 No. 18

Ceisteanna—Questions. Oral Answers. - Recent Trial and the Treasonable Offences Act.

asked the Minister for Justice if he will state (1) if his attention has been directed to a report recently circulated in the daily Press indicating (a) that two named citizens of the Saorstát had been "tried" by "general court-martial, found guilty and sentenced," and (b) that another named citizen of the Saorstát had "presided over the general court-martial" referred to; and (2) if any proceedings are contemplated under Section 3 (1) (d) of the Treasonable Offences Act, 1925, which enacts that every person who purports to set up or hold any court-martial (not being a court-martial duly established and maintained according to law) or assists or takes part in or is present at the proceedings of any such pretended court-martial shall be guilty of a felony; or if a repeal of the portion of the Statute referred to is intended.

I have seen Press reports of the kind mentioned in the question. There is at present no evidence at my disposal which would justify me in asking the Attorney-General to consider the question of prosecuting anybody under the enactment referred to in the second part of the question. A repeal of the enactment is not in contemplation.

Arising out of his reply, might I ask the Minister whether he is aware that it was known to the Gárdaí that this court-martial was to be held and whether any effort was made to stop it. I want to ask further if the Gárdaí are endeavouring to acquire any evidence in connection with the instituting of these proceedings?

What the Gárdaí may do or may not do, I am not prepared to state. I am not prepared to say what steps they are taking at present in connection with the matter.

In other words, am I to understand from the Minister that a public court-martial of this nature can be held with complete immunity to the individuals taking part in it and no steps are taken to prevent or stop it?

That does not arise.

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