I move that leave be granted to introduce a Bill entitled an Act to make provision in relation to actions and conduct calculated to undermine public order and the authority of the State, and for that purpose to provide for the punishment of persons guilty of offences against the State as by law established, to regulate and control in the public interest the formation of associations, to establish special criminal courts in accordance with Article 38 of the Constitution and provide for the constitution, powers, jurisdiction, and procedure of such courts, and to make provision generally in relation to matters connected with the matters aforesaid.
Offences Against the State Bill, 1939—First Stage.
Will the Minister say again what is the necessity for the introduction of a Bill of this kind and what set of circumstances it is intended to meet?
The procedure on this Bill is the same as in the case of the preceding Bill. If the Minister desires, he may make a short statement.
I would prefer Deputies to wait until they see the terms of the Bill.
That is very good advice from a Minister whose Government recently would not allow a Bill dealing with the sale of labourers' cottages to get a First Reading, and it is, of course, quite out of harmony with the stand taken by the Taoiseach in 1931, in a similar set of circumstances.
The Deputy is speaking in vacuo. There is nothing to discuss unless this First Reading is opposed.
It is opposed.
The long title of this Bill gives some indication to the House of what it is intended to provide for. I do not propose, I do not think it would be proper for me, at this stage to go into any details of what the measure is going to contain. It will deal with certain sections which were in the Treasonable Offences Act, 1925; it will deal with unlawful associations and organisations; and will provide certain powers for the purpose of dealing with those. It will also provide for the setting up of special criminal courts to deal with offences which it is considered cannot be adequately or properly dealt with by the ordinary courts.
As to the necessity for the Bill, I do not think there is anybody in the House who is not conversant with things which have arisen in the recent past which showed the necessity for dealing with a situation such as we recognise has arisen. I want to refer to one matter, and again I want to emphasise that I do not consider that this is the proper stage of the Bill to go into any details, or to give in any extensive way the reasons for the Bill in a very short statement. As Deputies are aware, a proclamation was issued, on 8th December last, by a certain body which purported to hand over what it maintained it held, that is, certain Government functions. It described itself as a Government and it purported, under that proclamation, to hand over to the Irish Republican Army, as they call it, those functions of Government. That is a position which the Government is not going to tolerate and that matter will be dealt with, amongst others, under this Bill.
May I say that our position in this matter is that there is no set of circumstances within the country which justifies the introduction of this unusual type of legislation and the exceptional type of court which the legislation foreshadows? The country has been peaceful, and particularly peaceful, during the past two years. There is no set of circumstances at present before the House which justifies resort to these exceptional measures. The fact that the Minister quoted a proclamation does not justify the introduction of this type of legislation at all. If people do issue proclamations of that kind now, it is because they were encouraged, in other years, to believe that the title of this House was faulty; but there is no necessity at this stage for the introduction of legislation of this kind. Whatever powers may be necessary to deal with any abnormal situation are already in the hands of the State. There is no evidence that there is any necessity for these powers or that any abnormal situation requires to be dealt with. In the absence of any evidence showing the necessity for this special type of legislation, we oppose the motion that the Bill be given a First Reading.
Deputies might look at page 10 of the Orders of the Day. In the long Title of the Bill, the words "as by law established" and, in Irish, "mar atá sé bunuithe le dlí," are to be omitted.
Question put.
The Dáil divided: Tá, 79; Níl, 8.
Tá
- Aiken, Frank.
- Allen, Denis.
- Bartley, Gerald.
- Beegan, Patrick.
- Bennett, George C.
- Benson, Ernest E.
- Boland, Gerald.
- Bourke, Dan.
- Brady, Brian.
- Brady, Seán.
- Breathnach, Cormac.
- Breen, Daniel.
- Brennan, Michael.
- Breslin, Cormac.
- Broderick, William J.
- Brodrick, Seán.
- Burke, Patrick.
- Byrne, Alfred (Jun.)
- Childers, Erskine H.
- Cleary, Mícheál.
- Cole, John J.
- Cooney, Eamonn.
- Cosgrave, William T.
- Curran, Richard.
- Daly, Patrick.
- Derrig, Thomas.
- De Valera, Eamon.
- Dillon, James M.
- Dockrell, Henry M.
- Doyle, Peadar S.
- Fitzgerald-Kenney, James.
- Fogarty, Patrick J.
- Friel, John.
- Giles, Patrick.
- Gorey, Denis J.
- Gorry, Patrick J.
- Harris, Thomas.
- Hogan, Daniel.
- Hughes, James.
- Humphreys, Francis.
- Kelly, James P.
- Kelly, Thomas.
- Kennedy, Michael J.
- Killilea, Mark.
- Lemass, Seán F.
- Little, Patrick J.
- Loughman, Francis.
- Lynch, Finian.
- Lynch, James B.
- McDevitt, Henry A.
- MacEntee, Seán.
- McFadden, Michael Og.
- Maguire, Ben.
- Meaney, Cornelius.
- Moran, Michael.
- Morrissey, Daniel.
- Morrissey, Michael.
- Mulcahy, Richard.
- Mullen, Thomas.
- Munnelly, John.
- O Ceallaigh, Seán T.
- O'Grady, Seán.
- O'Loghlen, Peter J.
- O'Reilly, Matthew.
- O'Rourke, Daniel.
- O'Sullivan, John M.
- O'Sullivan, Ted.
- Redmond, Bridget M.
- Rice, Brigid M.
- Ruttledge, Patrick J.
- Ryan, Jeremiah.
- Ryan, Robert.
- Sheridan, Michael.
- Smith, Patrick.
- Traynor, Oscar.
- Victory, James.
- Walsh, Laurence J.
- Walsh, Richard.
- Ward, Conn.
Níl
- Cogan, Patrick.
- Corish, Richard.
- Everett, James.
- Hannigan, Joseph.
- Hickey, James.
- Hurley, Jeremiah.
- Norton, William.
- Pattison, James P.
Tellers:—Tá: Deputies Little and Smith; Níl: Deputies Everett and Hickey.
When is it proposed to take the Second Stage?
If possible this day week.
We presume, of course, that the Government has the fullest reasons for taking the step it is now taking. We recognise that the powers asked for are very exceptional, and we request the Minister to consider between now and the next stage the advisability of making the fullest possible statement as to why this exceptional legislation is necessary.
When is it proposed to circulate the Bill?
The Minister has provisionally fixed the Second Reading for this day week. The presumption is that the Bill will be circulated in time.
We will try to have it circulated as soon as possible. We hope that by Friday it will be circulated.
That is, that it will be issued on Friday for receipt on Saturday morning?
That is so.