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Dáil Éireann debate -
Thursday, 17 May 1934

Vol. 52 No. 9

In Committee on Finance. - Vote 32—Office of the Minister for Justice.

Debate resumed on the motion by Minister for Justice (Mr. Ruttledge):—
Go ndeontar suim ná raghaidh thar £23,058 chun slánuithe na suime is gá chun íoctha an Mhuirir a thiocfaidh chun bheith iníoctha i rith na bliana dar críoch an 31adh lá de Mhárta, 1935, chun Tuarastail agus Costaisí Oifig an Aire Dlí agus Cirt.
That a sum not exceeding £23,058 be granted to complete the sum necessary to defray the Charge which will come in course of payment during the year ending on the 31st day of March, 1935, for the Salaries and Expenses of the Office of the Minister for Justice.

I was speaking on this Vote when the House adjourned on the last occasion. Anybody who listened to the Minister's speech or who since read the Minister's speech in the Official Report must be at least convinced of one thing, that it was neither a serious answer nor an attempt at a serious answer to the grave indictment that is brought against his policy and the administration of his Department. It was no answer to these serious charges for him to treat the House to a series of cheap jibes and cheap scores against various Parties. I candidly confess that we might have expected something of the kind from other members of the Government. From the particular Minister I must say that an answer of that kind showed a lack of seriousness that seems to indicate that he is falling into the habit or the conduct of some of his colleagues. Can anybody who has read that speech or was listening to it get from it the impression that there was on the part of the Government on whose behalf that speech was made any serious conception of their duty so far as the administration of the law is concerned and of their duty to the people of this country?

I pass over certain aspects and details of the speech. For instance it is quite clear—and I think the Minister himself, on consideration, would possibly be the last to deny it— that when he was dealing with the particular case of Deputy Mulcahy and his guard either he had not seen the documents that had been submitted by Deputy Mulcahy, or else he had forgotten their contents. I say that because certainly the views which he attributes to Deputy Mulcahy, as having been expressed in these documents, found no support in these documents. That suggests—and this is rather a serious aspect of the case— that assurances of "inquiry" are of little value when a Deputy of this House, an ex-Minister who had occasion to make a serious complaint as to the way the so-called guarding of him is carried on, has his complaint treated in that way. An investigation, we were told, was taking place. It is very hard to get the impression that the Minister had given the matter his serious attention. I wonder whether any of the other investigations that are promised are conducted in the same lighthearted, haphazard fashion. We are told that a number of such investigations are taking place. How many of them are conducted like this investigation in the case of Deputy Mulcahy?

There are two tasks that we look for the Minister to fulfil so far as crime in this country is concerned, namely, the prevention of crime, and when the crime is committed the detection of that crime. I doubt if any Deputy who has followed the Minister and who has read the case made against the Government in these two respects, can really say with honesty that the Government has made the case—or proved the case —that they have been zealous in the performance of their duty either in the prevention or detection of crime?

It is futile and idle to throw the taunt against the Opposition that when they were in office certain major crimes went undetected. Let us remember in this particular respect that a large proportion—not the majority, but a large proportion—of the country were, some accepting with reluctance, and most of that portion rejecting the actual form of government set up, and that a man who is now a member of the Government, then a Deputy in the Opposition, raised his voice here with indignation and asked: "Can we be expected to be informers?" I remember having listened to that statement being made. Now there is no such excuse of want of goodwill. There is only a very small section in the country who do not profess a readiness to come to the assistance of the Government in the suppression of crime.

The Minister raised the question of Dundalk on that occasion. He said: "I have been prepared at any time to place the police reports I have at the disposal of the Leader of the Opposition, and to assure him that the police are satisfied beyond year or nay that there is no relationship between the mine that was exploded in Dundalk and the incidents that took place in Dublin. I have offered to make these reports available. They are available." My recollection is sometimes very faulty, I admit. I want to know when was that offer made. The Minister knows there is a motion connected with this very matter on behalf of Deputy Cosgrave, the Leader of the Opposition, standing on the Paper. Did the Minister communicate that offer, that he says was made, to Deputy Cosgrave? I suggest that anybody listening to him or reading his speech would imagine he had. Secondly, may I point out that when the question was debated on a kind of cross-talk in the House on one occasion, I myself drew attention to the matter that there had been no denial—and there never since has been a denial—of the charges made by Deputy Cosgrave as to that meeting taking place and as to the observation by the detectives, and as one of the objects of the meeting. There has been a denial—I think the Minister will himself admit that on the occasion in question he limited himself to such a denial—of the implied deduction that because the mine exploded next day there was some connection between the two.

But is it still denied by the Minister that this meeting, which the detectives had under observation, took place? Does he know the purpose of the meeting? The House will know and the public will say that he has been remarkably silent on that particular matter. He speaks of the attempt to make political capital out of this. Is the Minister trying to convey to the House and to the country that there was nothing political in the Dundalk outrage, that it was purely a matter of private revenge against this unfortunate old lady? Surely this is not the suggestion?

Is there any doubt in the Minister's mind that this outrage in Dundalk was what is called a political outrage? Has it been got after? The Minister seems, apparently, to know a great deal about it. The Minister can establish—one of the most difficult things to establish, I admit—the negative: that there was no connection between the two. I wonder does he know so much about both sides of this particular outrage that took place in Dundalk, if there were two sides to it? I wonder whether any man in this country doubts that it was a political outrage? I suggest that in the two directions from which the Government and the people of this country are entitled to look for support of the policy of the Government, namely, in the prevention of crime and in the detection and punishment of crime, the record of the Minister's Department in the last 12 months has been most unsatisfactory.

He has increased the Secret Service Fund. For what purpose? For the purpose of detecting crime? For the purpose of knowing beforehand whether crimes are likely to be committed and thus being in a position to prevent them, or is it merely to get information against his political opponents? We have, at a time, as was described by the President before the Tourist Association, when the country is one of the most peaceful in Europe, an increase in the Secret Service Vote from £10,000 to £25,000. What is the return that has been given, so far as the prevention and detection of crime are concerned by the Minister during the last 12 months? Not a week passes, as the Minister knows, that there are not a number of serious crimes, the great majority of them directed against the members of this Party. Anybody who has read the Minister's speech will see that not merely has he not during the year dealt with that problem sufficiently, but even here on the last occasion when defending this Vote he really failed to deal with or even grasp the seriousness of the problem. The Minister does not wipe these crimes out of existence by pointing out that week after week a list of them appears in United Ireland. That does not show that he has dealt with them. The great bulk of these crimes are there neatly catalogued for him, so that he need have no trouble about the matter.

He has failed to deal with that particular question. In fact, it is rather difficult to understand his position from certain portions of the Minister's speech. Though he condemns crime, and though, I will admit, there are occasions when he gives evidence of a desire to get after crime, yet coupled with that there is undoubtedly running through his speech, I shall not say a note of palliation, because that would be too strong a word to apply to the Minister, but at least there is an understanding of the criminal mind on these matters.

Reference was made to interruptions at meetings. Anybody who has read the newspapers of this country for years past, but especially during the last couple of years, will know that time and again, almost without number, efforts have been made to prevent public meetings being held by what was once the majority Party in this country and what is now a Party representative of a very substantial number of people. That was the position, at least according to the last election. I am speaking of the election figures only and I am not speaking of the present moment. Even if you take the figures at the last election, the Party represent a very substantial minority of the people. The members of that Party have had continual interruptions at their meetings. The Minister has to go back over ten years to find an explanation for the interruptions that are now taking place and for the attempts made to interfere with the liberty of speech in this country. I am afraid a person reading the Minister's speech will get the idea that he has resigned himself to the position that these weekly crimes of violence, especially against the members of our Party, are a normal condition of things to be expected and accepted in the country.

He referred to the question of arms. What was the policy of the Government in that respect? They took up arms from the people who the police authorities considered were people who ought to have arms and who certainly should be allowed to have them if they wanted to have them. They have taken arms from people who never asked for them but who, at the request of the police, did carry arms. The people they took the arms from were the people who, according to the police themselves, could be trusted with arms. It was apparently the definite policy, at least as the President enunciated in this House, that even if arms are held illegally, if they are kept in secret and not paraded in public, no effort will be made to get them. Undoubtedly, individuals through the country have arms. But to base, on the fact that a few individuals in our organisation have arms, the accusation that it is an armed organisation, is worthy of the logic of one of the Ministers sitting opposite me, but not worthy of the Minister for Justice. He knows perfectly well there is no force in that argument. He knows perfectly well that the Government has allowed, not merely individuals to have arms illegally, but organisations and associations.

It is no proof whatsoever against an organisation that is an unarmed organisation if, against the commands of their leaders and the rules of that organisation, a few individuals may be found with arms. There are numbers of individuals through the country who have arms, but the vast bulk of them have no connection with our Party, and are bitterly hostile to it, and the Minister knows it. They are much more closely connected with the Minister's own Party, much more closely in alliance with the Minister's Party. The fact that one or two individuals have been found with arms is not the slightest proof against the organisation which he tries, on the basis of that evidence, to condemn as an armed organisation. The Government, as the Minister knows, and as the House knows, has immense powers. We all remember perfectly well the almost hysterical line taken up by the men who are now Ministers when some of these powers were entrusted to the Government of the day. They now have these powers. I suggest these powers have not been effective in preserving the ordinary rights of the people of this State. In fact, instead of utilising those powers for the protection of the ordinary law-abiding citizens, instead of using them to see that the ordinary liberties and rights of the citizen are safeguarded, a great deal of the ingenuity and the inventive powers of the Government have been devoted to the making of new crimes. They have not, apparently, sufficient powers already! They have not sufficient crimes to punish! They go out of their way, they spend a great deal of their energy, which might have been spent in the punishment of crimes actually committed, in inventing new crimes. They go out of their way to make a crime out of the exercise of his ordinary rights by the ordinary citizen in this country.

First, they tried incitement of various kinds. That failed. I must say here that I get the impression from various speeches of the Minister that he is rather inclined to take up the line that even necessary self-defence is both immoral and illegal. Now, the Minister cannot or ought not to take up that line. He knows perfectly well that necessary self-defence is legal and, so far as the morality of it is concerned, the right of the individual to protect himself against unauthorised attack, that right of necessary self-protection is a moral right that no State can take from him. The Minister has been at pains, I think, in certain instances, to point out, in excuse of the authorities, that the authorities cannot be everywhere—that they can only do a certain amount—but the fact remains that very often the people responsible for these attacks on individuals are careful to secure that the attacks take place when the Guards and others responsible for maintaining peace and order are not present. On such an occasion, surely the ordinary citizen is at liberty to defend himself; surely he is not bound, either morally or legally, simply to take up the line that he must submit to attack and assault, and that he must not defend himself? Yet that is the attitude the Minister is allowing himself to slip into so far as the members of this Party are concerned.

I put it to the Minister that all this talk of liberty and democracy is only pure sham if the people have not the right to do certain things that are guaranteed under the Constitution; if individuals have not the right to put their views before the people. The fact remains that for years past the public meetings that have been attacked and to break up which attempts have been made are our meetings. No attempts have been made to break up the meetings of the Party opposite even in places where our Party had the majority at the last election. No attempt has been made to break up these meetings. Scarcely a week passes, however, in which several attempts are not made to break up our meetings. There is no good in pretending that it is the I.R.A. that is responsible for the attempt to break up these meetings. They may have a certain amount of responsibility, but an equal portion of the responsibility rests on the supporters of the present Government. Many a meeting has been broken up, many a savage attack has taken place, under the cry of "Up de Valera." The Minister may take that for granted. Anybody who is present at these meetings can tell him of it. Apparently, however, the attitude now taken up—and you can see it in a recent letter from the Secretary of the Party to which the Government belongs—is that the only people entitled to have a large meeting in this country, or even to bring people to a large meeting, are the Government. The President can hold a meeting in Cork, where, incidentally, the bulk of the citizens voted on our side at the last election. He can bring special trains in there. Nobody objects to that.

Twenty-four trains, if necessary.

Deputy Donnelly says 24 trains, if necessary—and I believe it is necessary to make a big meeting! As I said, nobody objects to that, but if an effort is made on our part to bring in a certain number of supporters to a meeting, there is no right to do that—that is provocative, that stirs up the people, that is putting too much of a test on the good temper of the people and it cannot be allowed! That is the attitude of the Party opposite. Instead of using their powers to secure a fair and impartial administration of justice, they are really utilising their immense powers against their political opponents. We need not go back to the year 1923, or whenever it was, but how can you expect the followers of the Ministry, the followers of the Government, the followers of the President, to take his appeal for order seriously when the real incitement to disorder started, in the first instance, from Ministers themselves? How can anybody expect their ordinary misguided followers in the country now not to believe that when the President is appealing for order and fair play he is not talking with his tongue in his cheek? Even when you take up such a recent pronouncement as that of the President in Cork last Sunday, you get a characteristic piece of Presidential subtlety, the usual giving with one hand and taking away with the other—which hand he gives with and which he takes with, I need not determine. He had appealed for fair play, and then he goes on to "appeal to their opponents not to make the task of preserving peace at public meetings more difficult by giving an outside Government the hope that the Irish people would be beaten in the struggle and by tactics that make the march of the nation more difficult." What is that but the repetition, in a less open fashion, of the statements of the MacEntees and the rest about Castlereaghs, traitors, and so on? Is there any difference in essence? He appeals, on the one hand, for fair play, and on the other hand, he practically appeals—as it appears to anybody who reads the paragraph—to the passions of the people in the same way that the Minister for Finance and others have been shocking the country.

Let us be clear on that. That, unfortunately, as the President might know, is rather apt to have unfortunate results. That cry of "traitor" against people who have served their country has been tried again and again, very often with unfortunate results to the people against who it is tried, but, ultimately, with equally unfortunate results to the people by whom it was tried. Those who know anything about revolutions know of repeated examples of exactly the same charge being levelled against the people who first used that cry, and that is happening in this country to-day. The Fianna Fáil Party went around the country with the shout of "traitors" against the Cumann na nGaedheal Party, and now in my native county I find blocked up in large letters on the walls "Down with the new traitors." That is the inevitable result of unscrupulous conduct of that kind. Exactly the same unfounded, base, calumniating charges they bring against others will be brought with equal effect against themselves, and at the present moment, as I say, anybody who cares to keep his eyes open going along the roads at present will see up on the walls "Down with the new traitors." That is the inevitable result of that policy of vilification, or, at the very best, that policy of irresponsible talk which alleged responsible Ministers of the Government carried on during their months of office.

There are many things in that speech in Cork that have some interest. There was a time when the Minister for Industry and Commerce was an eloquent occupant of these benches. Just ask some of the Deputies to read, if they have time, a speech of his in the year 1928, to be found in Volume 32, columns 1428-35, in which he points out the various things that the Guards were supposed to be doing and stating that he could not support the Vote on Account so long as it included in the definition of crime the desire to achieve the full independence of Ireland. The President standing over, apparently, a portion of the policy of the Minister for Justice, was challenged when speaking in Cork last Sunday— they might have challenged the Minister for Industry and Commerce had he been there—"Who arrested Tom Barry?" There was a characteristic Presidential answer. "He arrested himself." The President would never arrest a patriot. At all events, he, in the year 1934, and the Minister for Industry and Commerce in the year 1928, are in full verbal agreement on that matter. They could not, apparently, regard as a crime the activity of men out to achieve the full independence of Ireland.

Is it not quite clear that the Government is not awake to the fact that the liberty of the ordinary person in this country is being done away with by the Government on the one hand and by the unorganised forces of disorder on the other? As to the extent they are in agreement it is difficult to say. When a member of the more extreme section of one Party obliges the Government by arresting himself, and when the delicacy of the President is so great that he could not offend the susceptibilities of the members of that Party by acknowledging that he stood over that arrest, but says "No, the man arrested himself," which is received with loud cheers near the platform, anybody who has the interests of this country at heart or who has any kind of acquaintance or knowledge of revolutionary movements in other countries, and who sees how the Government here is behaving, can only look with grave uneasiness to the future. In conclusion, I should like only to repeat what I said at the beginning. A serious indictment was made of the policy of the Government and of the conduct of the Minister. No effort was made by the Minister or by the Attorney-General to answer that serious indictment.

The Minister is reported in column 815 of the Official Debates of 9th May as saying:—

"I have been prepared at any time to place the police reports that I have at the disposal of the Leader of the Opposition, and to assure him that the police are satisfied, beyond yea or nea, that there is no relationship between the mine that was exploded in Dundalk and the incidents that took place in Dublin. I have offered to make these police reports available. They are available. These officers were not brought in by us or promoted by us since we came into office. They are officers who served under the Cosgrave régime, under the people opposite during their term."

I would be indebted to the Minister if he would inform me when he undertook to do this, because I have no recollection of his having made any such suggestion to me, nor have I read of it being made before. In the earlier portion of column 815 he gives a report of a police account which, he said, was substantially the same as my own. I should like to supplement my own. It may have escaped my memory at the time, but I inquired from the police what information there was at my disposal which they had not got. That does not appear in the police report, and I cannot understand why that should be left out of the police report. There were two officers present, and I suppose they were able to compare notes. There were really three points of which one was, did they know of those incidents, and they said: "No." My view of that at that time and my view now is that it was a waste of time to send an officer to see me who knew nothing about that, and that it did not show any appreciation of the responsibilities of the officer in question. If anybody in authority were to be sent, it should be somebody who knew the facts, and those officers at that time did not say to me that they were prepared to put these reports before me. One of those men, I understand, was promoted by the Minister. One of those has responsibility for order in Dublin. That was a grave event and he knew nothing about it except what he had read in the newspapers. Was he sent there or did he come on his own responsibility, and if he were sent, was he sent by the political head or by the police head to me on that occasion?

I find that on the adjournment debate later on, the Minister takes Deputy Mulcahy and myself to task for not cooperating with the police escort which has been attached to us recently. I should like the Minister to understand, if I have not made it clear to him already, that both last year and this year, when it was proposed to change those who had that duty before, military men, to Guards, I objected and I believe that General Mulcahy did also. I told the responsible police authorities that under no circumstances was I going to co-operate with them in that connection. I do not want them. The Minister can keep his Guards. I would not require any Guards in this country or anywhere else, if it were not for that Front Bench, as I have said on another occasion. This farce of guarding ought to be ended once and for all. With General Mulcahy, I left Dublin on Saturday evening at the head of a procession— General Mulcahy's escort and my own. We separated down the country and before I got to my destination, having left one behind, I passed the other on the road—and that is guarding, according to the Minister. The thing is a joke. At the place where we stayed the man of the house was called out and asked if we were there, so that they could stay in the vicinity. Personally, I do not want them. The Minister can take them away and utilise them for whatever purpose he pleases. He said in the course of his statement that it is his advisers who have recommended this change. I had advisers also five years ago, when it was considered necessary to attach an escort to the Ministers. My advisers at that time recommended military men. If there was any danger it was a military proposition. They did not recommend a police escort. The Minister's advisers now apparently have changed their minds. If they are the same, they have changed their minds. Very good; I have not changed mine. I did not require them five years ago; I do not require them now, and the Minister can keep them.

For the last five or six years I have been drawing attention to the congestion in the Dublin District Court. It existed at a period prior to the Minister's coming into office, and it has existed for the two years he has been in office. The congestion in that court has meant that there has been a delay of six to seven months in bringing cases to trial.

The Attorney-General

Is the Deputy referring to the Circuit Court?

Yes, the Dublin Circuit Court. There are traders who take advantage of that, and when a decision is arrived at they give notice of appeal. There is also congestion in the Appeal Court. The result is that the trading community have to wait in many cases for 12 months before they can obtain payment for their goods. The Minister told me in July last that there were 262 cases then awaiting trial. Some 16 of those were over seven months awaiting trial. He said he was taking steps to have the matter attended to. I want to know what are the conditions in the Circuit Court at the moment, and what steps the Minister has taken to expedite the cases there. It is time that something was done. I do not blame the Minister for all the delay that has occurred, but I blame him for the continuance of that delay. I hope in his reply he will be able to report some progress in that matter.

The second matter I want to draw his attention to is the number of street accidents. He is aware that a special effort is being made at the moment on the other side to effect a reduction in those accidents. He told me last week that during the last year 185 fatal accidents occurred on our roads, and in addition that some 2,747 persons were injured in those accidents. I asked him if steps were being taken to erect the mechanical signs that one notices in all other cities for the prevention of those road accidents. He said the matter was being inquired into. Only last night, going home from the Dáil, I had to pass some six different cross-roads between here and Merrion. The first was at Merrion Street. At that hour the policeman on duty had gone off that particular station. Just at the moment when I was crossing, a bad accident was only avoided by the fact that two good drivers were involved. Had it been an ordinary case there would possibly have been unfortunate results. Further on, at Merrion Road, I was stopped by an accident to a girl. A bus had run over her. At not one of these cross-roads was there any Guard on duty. If those mechanical signs had been at those cross-roads, I am sure they would have been the means of avoiding a number of accidents. I hope that something will be done in view of the importance of this matter and of the number that are injured every day on our roads.

The third matter to which I want to draw the Minister's attention is the very unsatisfactory condition of street trading by juveniles in our city. The number of juveniles, particularly newsboys, who comply with the regulations, represents only a fraction of those trading on the streets. Since the 1st January, 1924, 21 boys and nine girls who were not previously in possession of a licence made application at the employment exchange, and certificates recommending the issue of licences were forwarded to the Public Health Committee in respect of 19 boys and eight girls, the remaining applications being refused for various reasons. Those figures, when taken with the number who renewed their applications since the beginning of the year, show that only 34 boys and 13 girls between the ages of 14 and 16 are entitled to sell on the streets. Well, as everybody knows, there are five times that number of juveniles trading on our streets. Those juveniles, when they seek a licence, must make application to the Secretary of the Juvenile Advisory Committee at the employment exchange. The licence is not granted by the exchange but by the Corporation, and no licence will be granted by the Corporation until a certificate is received from the Juvenile Advisory Committee, stating that the application has been so made, that the conditions specified are satisfied, that the applicant has his or her parents' or guardian's consent to engage in street trading, and that no other suitable employment is available. That is the duty of the Guards, and the Juvenile Employment Committee have approached the Assistant Commissioner on a number of occasions. I have been before him myself on the matter. They promised assistance, and they put on this particular duty some two or three Guards, but they are useless to deal with the problem. All the Committee can do is to draw the attention of the Gárda and of the Minister to the really very unsatisfactory condition in which this matter is at the moment. I hope the Minister will be able to see his way to have the subject inquired into and to have something done.

It is rather strange to hear the enormous number of complaints made here during the last few days against the conduct of the Civic Guards and, in particular, the charges made by Deputy Fitzgerald-Kenny. Deputies opposite go down the country and deliberately endeavour to incite the people to rows and wrangles and try to get up disturbances at their meetings, as that is the only way in which they can collect a crowd. They know well that two people would not listen to them if they did not insult some member of the Government in such a way that words will be bandied about and somebody will start a row.

I can assure the Deputy that at the last ten meetings of mine there was no interruption.

What are you complaining about, then?

Deputy Fitzgerald-Kenney should be the last Deputy to refer to the Civic Guards. I admit, as I have stated openly here, that there is a lot to be done yet with the Civic Guards.

I assure the Deputy that I never speak except in praise of the Civic Guards.

I say openly that it is the bad training given to the Civic Guards by Deputy Fitzgerald-Kenney when he was Minister that is responsible. He used to deliver parrot-like speeches whitewashing their illegal actions throughout the country. Night after night, when questions were raised on the adjournment, we had from him the same old gramophone record. It was always the same old story. If a man was assaulted by the Guards we were told that he got a kick from a cow. We had that night after night and day after day when Deputy Fitzgerald-Kenney was a Minister for Justice. Unfortunately, some of these men whom we complained of then are still in the Guards. Here and there some of them are committing illegal actions. We cannot clear them all out in a day. Unfortunately, that kind of thing creeps in.

Deputy Fitzgerald-Kenney said that there have been no interruptions at his meetings. I have not read any of his speeches because I take no interest in what he says, but I have seen what some of his leaders have said. Deputies opposite think that they can allude to the President of this State from public platforms as the Pigott of 1932 and that Republicans are going to stand by and listen to that. It is no wonder that they want Blue Shirts with leaden batons when that is the kind of conduct they carry on and that is the kind of filth they spill out at their meetings. I have seen the so-called secretary of their present organisation at Glanmire during the last general election getting up on a wall and deliberately attempting to incite the people to attack him, just because he had a lorry full of thugs out of some back lane collected together, with five bottles of whiskey, and, I suppose, ten bob for the day. The Superintendent of the Civic Guards had to pull that man off the wall and order him into his motor car and send him away. That Superintendent of the Civic Guards is still in the town of Cobh.

The Minister for Finance wants to give you a tip.

I will tell you the truth. You do not seem to like it. It does not agree with you. When these deliberate incitements are going on all over the country it is no wonder that we have trouble. Deputy Fitzgerald-Kenney will remember well an occasion when he was challenged here about four of these gentlemen being sent out to arrest a man at 10.30 at night. That man was brought to the local Gárda station and released at 11.30 p.m., and at 11.40 p.m. he was found, with his head stoved in with the butt of a revolver, lying in the dyke on the roadside within 20 yards of the police station. I brought up that case here and what was I told? That he fell, or that an angel struck him. There were no cows passing that particular road; he did not get a kick from a cow. That unfortunate man was lying in the North Infirmary, Cork, for five days. On the same night, four of these gentlemen jumped out of their motor car and assaulted four young boys on the road and beat them with the butts of their revolvers. That very same motor car took one of them to hospital. Deputy Fitzgerald-Kenney stood up here and sought to whitewash them. I went to the local Superintendent of the Guards and asked for an identification parade of the C.I.D. men whom he had at that period in Union Quay Barrack. What did he do? On the following morning four of them were removed from the barrack to Dublin and were kept in Dublin for five months for fear they would be identified. One of them came up in court the other day and said that he had never assaulted a man in his life—a man that assaulted a person on five occasions on the one day while removing that person as a prisoner from Cork to Cobh for trial and was fined by a District Justice for assault. Then we hear complaints about the conduct of the Civic Guards. Is it any wonder that the conduct of the Guards is bad here and there through the country when persons of that kind are still in the Guards and in charge of them here and there through the country. I make no bones about it. I am here to tell the truth.

Deputy Fitzgerald-Kenney was in charge of the Guards in 1928 when these five men were shifted out of Union Quay Barracks up to Dublin and kept in Dublin for five months so that they would not be seen in the streets of Cork and identified by those men whom they had assaulted. There is no good in burking that issue, when you have the like of that going on for a period of years and when we had the Minister standing up night after night and going on with that kind of game. We know what the charges are being made against the Guards for. The Guards are absolutely justified. I remember on one occasion bringing up the case here of one Civic Guard who was fined three times in succession in the District Court for assault. I appealed to have that man at least transferred out of that district. What was I told? Deputy Fitzgerald-Kenney said that he was a right good Guard. This Civic Guard who was fined three times in the District Court for assault was a right good Guard in Deputy Fitzgerald-Kenney's eyes! That is what is wrong with the Civic Guards. We had that kind of thing carried on week after week and month after month. Then they stand up and complain because some old landlord down the country, who refused to pay his annuity, came in his motor car to prevent a sheriff's sale of cattle and happened to get a crack of a baton. It is about time that some of the others were hit. We got enough of it. We have Deputies complaining because a Superintendent of the Guards used his walking-stick and hit somebody.

I move to report progress.

Progress reported; the Committee to sit again to-morrow.
The Dáil adjourned at 10.30 p.m. until Friday at 10.30 a.m.
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