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Dáil Éireann debate -
Thursday, 16 Mar 1939

Vol. 74 No. 16

In Committee on Finance. - Vote 33—Gárda Siochána.

I move:—

Go ndeontar suim ná raghaidh thar £1,235,551 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, 1940, chun Tuarastail agus Costaisí an Ghárda Síochána (Uimh. 7 de 1925, Uimh. 10 de 1926 agus Uimh. 5 de 1937).

That a sum not exceeding £1,235,551 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, 1940, for the Salaries and Expenses of the Gárda Síochána (No. 7 of 1925, No. 10 of 1926 and No. 5 of 1937).

I should like to ask the Minister a few questions arising out of this Vote. I think the House would like to hear from the Minister some appreciation of the position in which the Guards as a force are placed at the present time. They have gone through a very peculiar time, to say the least of it. I should like to ask the Minister whether he can tell the House what were the circumstances or what was the policy implied in appointing a civil servant as Chief Commissioner of the Guards. Normally one would imagine that the force would have developed the type of man among its own officers that would naturally step into the position of Chief Commissioner. If this appointment is due to special circumstances in the Guards, or is due to a particular policy, I think the House would like to hear it.

The second point with which I should like the Minister to deal has reference to recruiting. I wonder could be tell us how many native Irish speakers there are on the list of applicants for the Guards at the present time, and whether it is his intention to take any special number of native Irish speakers into the Guards during the current 12 months. During the past couple of years Irish-speaking districts have been very hard hit by emigration. Notwithstanding the language policy pursued in the schools, the obvious fall in linguistic power in the Irish-speaking districts, from which the population is passing, shows that there are certain factors operating that tend to depress the vitality of the language as the ordinary language of life there. It is essential that every means possible should be adopted to open to the remnant of the native Irish speakers a definite place in the economic life of the country as well as that an institutional organisation of the State, such as the Guards, who are so closely in touch with the people's lives, should get amongst them as large a number of native Irish speakers as they possibly can if the intention is to save the language as the ordinary language of the country. If valuable material is being allowed to go during the present critical years, then, in my opinion, we cannot do that either as safely or as effectively as we otherwise might.

I should like the Minister to tell us what the flying squad at Fermoy costs per week or per month, because I want to ask the Minister for Lands how much per week or per month his Department is collecting.

A few matters arise upon this Estimate which I think should receive the consideration of the House and the Minister. Deputy Mulcahy has touched upon the question of the motive behind the appointment of a civil servant as Commissioner of the Guards, and I presume the Minister will give some information on that point. On the question of recruiting, it is a well-known fact that the duties of the Guards are being increased almost daily by Government policy and that the force is considerably under strength. We should like to know whether it is the Minister's intention to open recruiting for a certain number at an early date this year so as to relieve the pressure of work upon the Guards.

There is another matter which I think is not receiving the consideration it should receive from the Government. It is the matter of the housing conditions under which the Guards are living. The barrack accommodation in a great number of places is not what it should be. The married quarters for a sergeant, his wife and family in the barracks is very cramped and I would say that the conditions under which a great number of these married officers reside in the barracks are not conducive to efficiency and discipline. The matter of housing accommodation for married Guards is also a very serious problem. I know that transfers have been held up because of inadequate housing accommodation in the towns to which Guards are about to be moved, even where it would be in the interests of discipline in the force, and of the force itself generally, that the transfers should take place. I think the Government should have at leást one or two houses in every town and village, the same as in the Army, as married quarters for the ordinary married Guards, so that, if efficiency and discipline can, in the opinion of the Guard officers, be improved by transfers, Guards can be transferred without being able to put up the case that there is no accommodation and that they are being separated from their wives and families. All these things have an effect upon the Guards generally.

On the force itself, I have no comment to make except to say I was rather perturbed by the state of affairs which arose at the funeral of a person in County Leitrim recently. I should like to know if the Government issued any orders to the Guards in relation to that funeral or if the Guard officers and Guards acted on their own responsibility on that occasion, because either of two things should have happened. Either two Guards with the butt of a pencil and a notebook should have gone to the funeral, and nobody else, or if a display of force was to take place, the force should have been effective. A number of armed Guards went to that funeral and a number of men with rifles attended it also. These men fired their volleys and walked away. I should like to know what steps the Minister has taken in the matter. Were the Guards' orders that they were only to give this demonstration or was it that the Guards are suffering from the frame of mind that jurors and certain judges are suffering from, that, if they do their duty, they cannot be sure that the Minister for Justice or the Minister for Defence will not walk up to Arbour Hill next day and let them all out again? It is a very serious matter.

On the Offences Against the State Bill I said that, in my opinion, the ordinary law was sufficient for every purpose. I am giving here an instance of the ordinary law not being enforced. We know that, in the old days, one R.I.C. man with the butt of a pencil, as I say, and a notebook, was a very dangerous person. He did very little, but he saw much and heard much. It all went down in the notebook and, after careful consideration by the authorities, police came out with a warrant and lifted a number of people. Alternatively, if they had to have a display of force, they had it but, in this case, there was neither the one nor the other. There was a certain display of force and shots were fired over the funeral party by the Guards. What was the point in firing shots over the funeral party, if not to hit somebody? If they had orders not to hit, or if they were afraid to hit, why fire at all, because it is a very serious thing for the State forces to use firearms, when they are used only as a sort of threat? It is very hard to know exactly what happened. There was no inquiry that we are aware of. We do not know what the policy of the Government in these matters is, and I wonder if the Guards themselves know. We do not know whether a prosecution is being considered in this case, whether any arrest took place, or whether there was any search for arms.

The Minister should make some statement on the 101 points that arise on this Vote. We find that there is vigorous enforcement of the Licensing Acts and prosecutions in some districts while, in other cases, there is laxity in the presentation of cases before district justices. Whether that is due to political pressure or not, I do not know. I know that in one particular town a Civic Guard had a prosecution pending against, what I might call a prominent politician, but a member of this House sent for that Guard and said that he was not to push it too hard. He did not tell him to drop the prosecution, but to trot the horse instead of galloping it. I hold that that is a very dangerous action, and is not conducive to the effectiveness or the efficiency of the Guards, or the impartial administration of the law. The result in such a case is that, because a person is of a political colour, a guard is faced with the problem that in X town a politician wants him to go easy. The Guard is thinking of what is going to happen him if he goes on with the case. The point I am at is, that I am not satisfied with the policy of the Government in relation to Gárda administration. The Government should lay it down definitely, and assure the Guards that if they do their duty, no matter what colour or political affiliations a person may have, that they are about to take action against, they will not be punished. When I say punished, I mean that they are not going to be hauled up for an explanation as to why they did this or that thing. It is not that anything would happen to them, but there is the feeling that they will be called up for an explanation, and the demand for that explanation may arise out of a letter written by some one to the Minister for Justice, stating that Paddy so-and-so was a great supporter of the Government in the district, and that only for him the Fianna Fáil policy would fail, while the Guard concerned might be described as a well-known supporter of the Treaty. I think that is the line that might be taken, that the Guard and all belonging to him were supporters of the Treaty. The result is that if there is a prosecution an inquiry may be held.

In my constituency Deputy Victory is looking for an inquiry into every matter, whenever a Fianna Fáil Club or someone else complains about the action of a Guard. The inquiry is not held, but there is a private inquiry, and that, in my opinion, is smashing the effectiveness and the efficiency of the Guards. The Guards are not the children of either Fine Gael, Fianna Fáil or any other Party. They belong to the State, and to the people as a whole. I do not want to stress it any further, but I think the force should be maintained, as was intended, as an impartial disciplined force looking after the maintenance of law and order, irrespective of creed, class or politics. That is the way to maintain a high national standard of efficiency in the police force. I should like to have an assurance from the Minister that these matters are receiving consideration. I regret that the Vote for the Department of Justice went through before I arrived, because there were some matters to which I wished to refer. I suppose I am debarred from doing so on this Vote. However, I can find some other occasion for doing so.

I have very little to say on this Estimate so far as the Civic Guards are concerned. I have the same respect for their efficiency and impartiality that I always had. If there has been any weakening of that efficiency or impartiality, it is not the fault of the men who make up the force, but is attributable, unfortunately, to the Government. I do not say that the Guards have not been impartial or efficient, but I say that it has been made more difficult for them to be impartial or efficient than should have been the case. I want to ask especially about recruiting. I daresay most Deputies are in the same position as I am, that from day to day, and week to week, fine young fellows come along asking about the possibility of getting into the Guards, whether there is any hope of recruiting being reopened, and stating that they applied for admission a month, a year or perhaps six years ago. There ought to be something definite about the position there, and these young men should not be allowed to go on living in the hope that some day there may be a possibility of getting into the force. In that connection I should like to know from the Minister, what was the reason for sending out a special form last year to hundreds, or perhaps thousands, of men who had applied for admission to the force, asking them to answer certain questions, and to give certain particulars, after which, as far as I know, there was silence. The sending out of the forms to applicants revived their hopes of a chance of being recruited to the force. It would be for the benefit of everybody, and for the force itself, if there was some definite pronouncement made by the Minister as to whether there is any likelihood of recruiting being reopened, and giving approximately the number likely to be recruited.

Having regard to all the circumstances of the last 12 months, which is the only period covered by the Estimate, I think the Guards acquitted themselves in a very creditable manner indeed. The only point on which I have any doubt is whether they got from the higher authorities that support which they should have got. I trust the Minister will pay full attention to Deputy MacEoin's statement. Whether all the stories we hear, and whether the rumours that are circulated are well-founded or not, there is, certainly, a belief throughout the country, and, I am afraid through the force, that if members of the Gárda Síochána take, not only action against certain people, but take a certain class of action, they are not going to be rewarded. There is the possibility that they may be punished, in the sense of being removed to an inferior or a more remote station. That is undesirable in the interests of the force, and also in the interests of the country, and the Minister should clarify the position, by making it perfectly clear that so long as Guards do their duty, and only their duty, they are not going to be punished or to be immediately rewarded. I can see the danger of rewarding too quickly just as much as the danger of punishing too quickly. I think so long as a Gárda does his duty —the duty that he is appointed and paid for doing—he is simply doing what the Minister and the State expect him to do; he is doing what he is expected to do without fear or favour, in an absolutely impartial way or as impartial as it is possible for a human being to be.

I did not intend to say anything on this Vote, but I should just like to place on record my experience with regard to this matter. I have listened to the remarks of the two Deputies who have last spoken. I am aware of the feelings that prevail amongst the Gárdaí themselves with reference to the question as to whether influence could be worked on behalf of a Gárda. That feeling, so far as I have ascertained, is that such might be possible, but that one should not go to a Fianna Fáil source or to a Fianna Fáil T.D.: one should go to the Opposition Deputies.

They were thinking of 10 or 12 years ago.

Mr. Brennan

I do not think anybody on this side of the House has gone that far. This Estimate represents a reduction of £36,000 in salaries, wages and allowances, It is due to the House that the Minister would tell us how that reduction arises; what does it represent? Does it represent wastage in the force—those dropping out through deaths and resignations not being replaced by recruits? I think the points raised by Deputy Morrissey cover the matter fully. I think it is due to a lot of young fellows in this country who have their eyes on the force and to whom a position in the force has been promised long years ago that the Minister should explain what this reduction means, and whether it represents something, possibly under-recruitment or possibly a lowering of the personnel of the Gárda.

It is rather disquieting, notwithstanding what Deputy Bartley says, that a condition of affairs should exist such as that described by Deputy General MacEoin. There is a feeling amongst the people in this country— nobody with open eyes could have any other feeling—that there were certain unlawful activities to which the Gárdaí could not direct their attention. These are matters, many people think, to which they should pay attention. As a matter of fact, it was argued here in this House that had the law in past years been enforced and had the Gárdaí been in a position to enforce it there would not have been any necessity to-day for any new Bills with regard to public safety such as we have before us now. This feeling is that there was something holding back the enforcement of the law against certain activities. Had the ordinary law been operated right through there would have been no necessity for such Bills.

We have the highest respect for the Guards. I would like to pay a tribute to their efficiency in so far as they can be efficient. There is no doubt the efficient discharge of their duties would be greater did the Guards have the full support of the Government in enforcing the law impartially. Unless there is that support behind the Gárdaí you will certainly find that the morale of the force will be broken up. It is essential that the Government and the Minister should see that there was no influence being exercised in the Guards by any body or organisation in this country such as would induce the Guards to close their eyes to unlawful activities. If there can be a display of unauthorised arms in the presence of the Civic Guards is it any wonder that immediately following such a state of things the Government would be obliged to bring extraordinary measures before the House so as to cope with the situation that has developed as a result of allowing these unlawful activities to go on? This ought to be a lesson to the Government and to the people of this country. When laws are made for the welfare of the people and for the security of the lives and property of the people they ought to be carried out impartially and without any closing of eyes to anything that would lead to, possibly, a further development of a situation of that kind.

Now, there is one other matter to which I would like to refer, and that is the housing conditions of a great many of the Guards. I might also say in connection with this matter that it is a good many years ago since I drew the attention of the House to the housing conditions of the Gárdaí in Roscommon. The Gárdaí in Roscommon are housed in what was an old jail. This building was badly built, it is badly ventilated, badly lighted and half of the building has been pulled down. That is the sort of place in which the Guards in Roscommon live. I think it is a disgrace to the Government and to the people of this country that the Gárdaí should be compelled to live in a place like that. When I drew attention to the matter years ago I was then promised it would be looked into. That has not apparently been done, and I have no hesitation in saying that if the premises occupied by the Guards in Roscommon were occupied by any ordinary people they would have been condemned by the local health authorities as unfit for human habitation. The Minister should make some provision for the health of married Guards by making it possible for them to live in decent dwellings.

Several years ago I raised this matter of the housing conditions of the Gárdaí by way of Parliamentary question. If my memory serves me right, the Minister at that time made a statement promising that the question would be looked into. It is very disappointing to find that up to the present nothing has been done to give effect to that promise. I understood that some scheme had been under consideration at that time. I have reason to know the conditions under which the Guards live in Kilkenny. I am aware that they have come to the officials of the corporation time and again explaining the dreadful conditions under which they and their families have to live and expecting the local authority to do what, in my opinion and in the opinion of members of this House, is a matter that should be dealt with by the Minister—that is the proper housing of the Guards. I hope that during the coming year something will be done in the towns of the country to deal with this very pressing problem.

There is a great need in Kilkenny City for a proper Gárda station. There have been some rumours as to what the Department of Justice and the Board of Works are proposing to do. I hope that the most recent rumour is not true. I refer to the one that a site far removed from the centre of the city is likely to be acquired for a Gárda station. Before anything definite should be done in that direction, I think the Minister ought to consider the representations that have been made by the corporation asking that the Gárda station should be placed as centrally as possible in the city. The place at James's Green, that is said to be now contemplated, is altogether an unsuitable site in an unsuitable portion of the city.

With regard to the references which have been made by members of the Fine Gael Party to interference with the Guards in the discharge of their duties, I do not think that anything is being done in that regard now any more than ever. I remember in the days of the Cumann na nGaedheal Government there were a good many complaints about interference with members of the Guards, and if it is still going on it is as a result of the very bad practice which was allowed to grow up in those days. I remember when a peace commissioner would not be appointed unless he were a supporter of the Treaty, and unfortunately on that account the position to-day is that a peace commissioner always seems to be secretary of the local Fianna Fáil club; it is a case of one just trying to be as bad as the other. I sincerely hope that when the Labour Party comes into power it will be able to avoid doing those things.

There are a few very respectable Labour men who are peace commissioners.

You will never have enough secretaries to go around.

This question of recruiting is a matter on which I personally hold very strong views. I think it would be regrettable if the practice of the past were to be continued. I think members ought to be recruited to that important force by way of competitive examination. I do not see how the poor man's son is to get any kind of a chance if recruiting is other than by competitive examination, just as we now have for other branches of the public service. On the question of competitive examination, I should not like to see the standard set too high. We are told that at the present time there is no outlet for many of our university students; that many people with very high secondary education are unable to get suitable employment, and that on those long lists of applications for membership of the gárdaí there are many people who hold very high educational qualifications. I hope the Minister will see that a scheme is prepared whereby people can get there by merit, but in the preparation of that scheme it should not be made impossible to get men of the required physique as well as the required educational qualifications. I think it will be agreed that you cannot get men of the proper physique if you look for too high a standard of education; there should be a happy medium. With those few remarks I will conclude by referring again to my local question, which is a very important one, and asking that the Minister consider early action in regard to proper housing for married members of the force.

On this Vote for the Department of Justice I should like to make a suggestion or two to the Minister in reference to the procedure in murder trials. I consider that it is most unfair to the accused, to the witnesses, and to the relatives of the murdered person, to have the accused hawked around from town to town for nine or ten weeks before he is eventually returned for trial.

The Minister for Justice has no responsibility on that matter.

As a matter of information, on what Vote should I raise the question?

It is entirely a matter for the district justices.

As it is a matter for the Courts, the Dáil cannot discuss it.

Have I not the right to make a suggestion to the Minister that arrangements should be made for the justice to hear the case in three or four days?

Since the Minister has no responsibility, the question as to how the courts conduct their business may not be raised.

I thought arrangements could be made by the Department of Justice whereby a case of that character, where you have temporary district justices——

The matter cannot be discussed.

Well, then there is no use in pursuing it.

No use whatever.

Well, I should like again to draw the Minister's attention to the necessity for a Guards' barracks in Kimmage. In the Estimate for last year, provision was made for this new barracks, but we are no nearer to its erection now than we were 12 months ago. Kimmage has now grown considerably; big housing schemes have been started out there, and a real necessity exists in that area for the erection of this barracks. I should like the Minister to expedite the matter.

There is also another question to which I should like to draw the Minister's attention, and that is with reference to witnesses. In many of those cases the witnesses are poor people, farm labourers and workers on employment schemes, who can ill afford to lose even a day's work. Sometimes they have to attend as witnesses on two or three occasions, and they have to fill up numerous forms and make numerous applications before they get their expenses. Some arrangement should be made whereby the witnesses would be paid within a few days the expenses allowed by the district justice. I am referring, of course, to cases in which working-class people are concerned.

With regard to the statements made by Deputy Pattison about peace commissioners, personally I think there is a glut of peace commissioners in the country—although representations have been made to myself from time to time—and a fair number of them are big noises in the Labour Party. I am sure that if the Minister were to disclose the correspondence, it would be seen that he gets as much annoyance from the Labour section as he does from any other section of the House in regard to the appointment of peace commissioners.

It is to be hoped that correspondence will not be read in the House.

Personally, I know a good many of them who want to be appointed simply for the purpose of evading duty as jurors, and being able to write "P.C." after their names. As regards housing accommodation for the Guards in County Dublin, I think a different situation arises as compared with any other county in Ireland. The general housing allowance for Guards is about £26 a year. In places like Malahide, Howth, Balbriggan, Skerries and other places near the City of Dublin it is impossible to get a suitable house for £26 a year. There are Guards in the town of Malahide who pay over £60 a year for a house. I think some special provision should be made by the Department as regards housing accommodation for the Guards.

Another matter which I should like to mention is the operation of the hire-purchase system in this country. I think the Minister should consider this question of hire-purchase. In this country it is generally operated by Jews.

That has nothing to do with my Department.

I also want to refer to the Moneylenders Act. Poor people are being fleeced right, left and centre by the operation of the hire-purchase system——

I do not think the Minister has any responsibility there either.

I seem to be completely out of order.

The fault is not with the Chair.

I think I am quite right anyway in referring to the Moneylenders Act.

Yes, but not on the Guards Vote.

I think some provision ought to be made in regard to the Moneylenders Act so that the Minister or his officials would have power to scrutinise the books of those moneylenders. They are fleecing people in all walks of life whom they find in difficulties and to whom they advance money. There are people who borrow £5, and at the end of a certain time they find they have paid £10 interest and still owe £5. That is happening to people in all walks of life who find themselves in difficulties and are forced to seek aid from those moneylenders. There should be some method whereby their books would be open to scrutiny so that any necessary action might be taken. Of course, the Minister will say that there are grounds for legal claims against those moneylenders, but no man likes to publish himself in the Press as having found it necessary to apply to those people for help. There ought to be some supervision of those moneylenders in the City of Dublin by the Department of Justice. I think I will confine myself to those few remarks. I have been ruled out on a number of matters, but will watch my opportunity of getting them in somewhere else.

Much has been said with regard to the efficiency of the Gárdaí. Nobody will gainsay the fact that they are a very efficient force. Reference has been made to the need for decent housing accommodation for married guards and for an increase in the allowances made to them. Deputy Fogarty has mentioned the paucity of the allowances as regards meeting the costs of accommodation around Dublin. The same thing holds good in the City of Cork. The housing accommodation for Gárdaí there, or for people who want to rent houses of the type a guard would live in, is somewhat limited. These people find it very difficult to get accommodation, so that what is true of Skerries or Balbriggan or other places around Dublin is equally true of Cork.

I would like to make the point that the general scale of salaries for the Guards is low. I do not know if anybody has mentioned that in the debate, but there is no harm in stressing the fact that the general basic scale of salaries for Gárdaí is low. They have multifarious duties to perform. I have already referred to their duties with regard to school attendance. They have various other duties which call for a very efficient standard, and at the same time their position with regard to salaries is not a very happy one. I know for a fact that the married Guards especially find it very difficult to make ends meet on the salary they have. They are in the peculiar position that they have no trade union to voice their grievances; they have no organisation as such which can make their views public. I know they have an association within the ranks of the Gárdaí, but I think the effectiveness of putting forward a grievance depends a good deal on the publicity that grievance can get. The Gárdaí are peculiarly situated in that they cannot make public their grievances in that respect.

I know that the present scale of salaries, especially with the increased cost of living, is not commensurate with the standard the Guards are supposed to keep up. I think that no Deputy would quarrel with the Minister if he did bring in a better scale of salaries for the Guards. There is definitely a case to be made for them, especially in view of the increased cost of living. The Guards do not get a cost of living bonus. They have to live on the salaries which were fixed some years ago. I do not know if any increase has been made in the scale since the Guards were established in this country. We had a complaint last year about the very miserable amount given for a boot allowance. I do not think that has been increased during the year. I do not see in this Estimate any intimation that the Minister intends to increase it this year. If he did intimate to the House that there would be an increase in the allowance to the Guards, I am sure no Deputy would quarrel with such a proposal.

These are some of the things that I was anxious to bring under the Minister's notice. I think there is a very good case to be made for some increase in the way of a cost of living bonus, or in some other manner, to meet the increased cost of living, especially for the married Guards. There is not, as in other services, an allowance for married men—at least, I do not think so. I believe the Minister would be justified in giving some married allowance in the case of the Guards. The public find the increased cost of living pressing very heavily upon them. In many ways the ordinary worker is able, through his trade union organisation, to bring his grievances to the notice of the public and his employer. The Gárdaí cannot make their grievances public, so this is an opportune time for the Minister to let the House know if he intends to make any increase in their salaries. There is no doubt that the Guards are a highly efficient body of men and I think their efficiency should be rewarded by a decent scale of salaries. In the big cities the housing allowances should be definitely on a higher scale, in comparison with the towns and villages throughout the country, because it is a well-known fact that the housing accommodation in cities like Dublin and Cork is scarce and dear and is very much above the average of the country towns and villages.

I did not intend to speak on this Estimate, but when I entered the House I was informed that Deputy MacEoin said that, owing to my activities in my constituency, I interfered with the discipline of the Guards.

If that has any reference to my activities in putting an end to the Cumann na nGaedheal and Fine Gael meetings in about half the Gárdaí barracks in the county, I have no apology for it. That is number one. Number two is that it will be within the recollection of the House that on a particular occasion I demanded a public sworn inquiry into the activities of the Gárdaí. I would make that same demand to-day if it were possible to get it, and should a similar set of circumstances as existed on a previous occasion occur to-morrow, I would again demand a public sworn inquiry. At the moment I have no complaint against the Guards. I believe they are doing their duty as between man and man. Of course, we will get individual complaints from people here and there. It is only fair and courteous to the people to see that if their charge is well founded, it will be inquired into. I do not think there is anything wrong about doing such a thing.

I heard mention made here of the peace commissioners. So far as our constituency is concerned, there has been no new peace commissioner appointed except, perhaps, to replace some men who left the country or who died. I agree with Deputy Fogarty that, except where there is a vacancy, there is no necessity to make any appointment. We have peace commissioners enough and we do not require any more. The point has been made that it relieves a man from doing his duty as a juror. I would like to make it clear that any activities I have engaged in were for the better discipline of the Guards and not, as alleged, for the purpose of interfering with their discipline.

I did not allege that at all. Ask Deputy Childers what I said.

The first matter raised was in reference to the appointment of a commissioner and it was asked whether there was any policy behind that appointment. The House can be assured there was no policy behind that appointment, and it does not follow that because the present Commissioner was appointed and he was not an officer in the Gárdaí forces, that that practice is going to be followed. There is a lot to be said on both sides as to who might be the best person to be appointed a commissioner of the Guards. I have heard it stated by people who have had some experience and some knowledge of these matters that the appointment of an officer in the Gárdaí does not necessarily always mean the best appointment. We know what human nature is. People may have contacts in the forces and people have their prejudices and perhaps on some occasions those prejudices may be likely to blind a person as to the relative merits, the real merits of other persons who might be under that commissioner.

When we were appointing the present gentleman as Commissioner we gave it very careful consideration. The present Commissioner was Assistant Secretary of the Department of Justice for a great many years, and in that position he was dealing directly all through with the Gárda force. He had to deal with pay and with everything else that was connected with them and he was in constant and daily contact with the Commissioner of the time. He knew everything about the force in a way that no other official serving in my Department or in any other Department could know about the work and the force and the best way to deal with it. I think the appointment has given general satisfaction throughout the country.

Mr. Morrissey

I do not think anybody questioned the suitability of the appointment.

I know, but on the question of policy I want to make it clear that there is no policy behind it, none whatever.

There is no question of his efficiency or his capability of dealing with the work.

I quite accept that, but I want to give you, as far as I can, some idea of what the Government have in mind when they make an appointment such as this. We believed that we were doing the best we possibly could for the efficiency and discipline of the force by the appointment of the Commissioner. As I say, it does not follow that any future Government or this Government must go on those lines in future if a vacancy should arise.

In regard to recruiting, Deputy Mulcahy mentioned Irish speakers. The position will be considered when recruiting is reopened. We have at present certain scheduled Gaeltacht areas, and when the other recruiting was going on we tried, as far as we could, to provide for the recruitment of a certain number of suitable candidates with a knowledge of Irish. We have provided Irish-speaking Guards in those scheduled Gaeltacht areas as we have been taking them over one after the other—the Galway area, the Kerry area and Donegal area—and in any recruiting that takes place that question will be borne in mind. The Deputy asked whether there was any shortage of Irish-speaking candidates. There is no shortage of Irish-speaking candidates and, I am quite sure, of suitable Irish-speaking candidates, that is, suitable in other respects as well. There were, I think, 14,000 applications in the files from men wishing to become members of the Gárda force. With regard to the forms that were sent out last year, that was purely an office business. The Commissioner's office wanted to ascertain their present age and whether they had found other employment or whether they could strike them off the list. I realise that it gave some trouble. I got a good deal of trouble myself arising out of it. It raised hopes that the people who got those forms were going to be called up. It had been done previously and it was merely carrying out an office regulation.

With regard to recruiting itself, the present position is that the Estimate provides each year for the maximum strength of the Gárda force, that is 6,000 men. That would cover the point raised by Deputy Brennan as to the reduction of £35,000. The present strength of the Gárda force is 5,618 and we are making provision to recruit this year 222 men, which will bring it up to 5,840. When that recruiting will take place I cannot say at the moment, but I hope it will have to be done this year. The Commissioner has stated that he believes it would be necessary to carry out recruiting this year.

As to the method in which these men will be selected, that will be done by the Civil Service Commissioners. They will provide a test and, of course, there is to be the additional test which would not come under their purview, that is the medical or physical test of those men. Everybody knows the regulations; they must be between the ages of 19 and 27 and comply with the regulation as to height, size, and so on.

It is practically certain that in this year those 222 recruits will be called in, but again that is not much assistance to Deputies who have been getting so much annoyance—perhaps not annoyance but at least they have been called upon so often by prospective applicants. When you recognise that there is a list of something like 14,000 applicants, it is not much satisfaction to tell Deputies that there are going to be 222 Guards taken in this year.

Mr. Morrissey

Will the Minister give any idea of what proportion of the 222 will be confined to the Gaeltacht areas?

I cannot say at the moment what proportion will be Irish speakers. Deputy Daly asked me something about the flying squad. I do not think the flying squad is very busy at the moment. If the Deputy wants to get any detailed particulars, he should put down a question and I will give him those particulars.

Deputy MacEoin raised the matter of what occured in Leitrim. That is a matter that has to be dealt with by the Guards under their own officers. It is not a matter in which the Government could go and give specific directions. The Guards, apparently, anticipated that an attempt would be made to have shots fired over that grave and they took all the reasonable precautions they thought were necessary to prevent that occurring. They went there in what, in ordinary circumstances, would be sufficient strength, but while they were attempting to deal with one section, another section arrived from the opposite side and, apparently, got into the graveyard and fired those shots. The Guards did fire shots over their heads, but if the Guards had wanted to be effective I am afraid it might have resulted in loss of life.

That brings us back to the other position, raised by Deputy Brennan, that this was one of the reasons why it is necessary for the Government to bring in these extraordinary Bills. Is any Deputy so innocent to think that if those people were charged and brought up here before a jury that that jury would not be intimidated?

Intimidated by whom, Sir?

We know juries have been intimidated in the past and we know that juries were intimidated when the Deputy was a member of the Government Party here.

The intimidation is by the present Administration. I submit, Sir, that the intimidation that jurors suffer is that, if they do their duty and if a judge does his duty, and inflicts punishment, the accused are going to be released the next day. I hold that that is a greater intimidation than anything that could happen to him. If I were a juror called in to try a case I would say "I will not, because if I do my duty there will be a procession to let the fellow out if he is found guilty and sent to prison."

Let us examine that position for a moment. If the Deputy was dealing with the ordinary normal cases, where judge and jury convict a man, I do not think we have ever acted contrary to the view expressed by a judge when asked for his report. That is in the normal case. Take the other case the Deputy has in mind. When this Government came into office, in March, 1932, we did, undoubtedly, open the gates at the time and released those prisoners. The next occasion on which prisoners were released was when there was a certain Hight Court decision, as a result of which certain people were released. We felt it applied to the rest of them, and when we let them out it was under the same circumstances of the law of evidence. The next occasion on which we effected release was when the Constitution was enacted. I have not the figures at the moment as I did not think it would be raised on this Vote, but it was a very limited number.

That is all we have done in the way of letting these people out. Those are the only cases that have arisen. To say that that is the cause of intimidating jurors is absolute nonsense. We know that they have been threatened in the past. I do not think jurors are in a very vulnerable position. They are ordinary citizens who have to look after their business. They know protection cannot be provided against attack on their property or persons, but it is acts like those in Leitrim that should bring it home to Deputies the impossible position you are in if you are going to make the law effective.

Reference has been made by Deputy MacEoin to the administration of the licensing laws. As far as the Government is concerned, there is no interference with the Guards in that matter at any time, none whatever. Cases have come to me undoubtedly from time to time of prosecutions. It is the Commissioner who has to deal with that matter. You may ask for a report, but they are not being interfered with. So far as I am concerned—and I am quite sure so far as the Commissioner is concerned—I would like to see all those Acts operated strictly, fairly and impartially. If that can go down to the Guards and be regarded as an encouragement to them, then I am glad to have this opportunity of saying it.

Hear, hear!

I have had cases of people coming along and saying: "I was prosecuted and such a place was open and why was not a prosecution taken in that case as well." That happens very often. I do not say that it is true; but so far as I would be concerned the only direction, and it is only a direction, that I could give to the Commissioner, would be this: that so far as the licensing laws and all other laws are concerned, to operate them impartially and fairly. Mention has been made about housing. I admit that certain barracks in the country are very unsuitable. We are trying to remedy the position as fast as we can, and are in communication with the Board of Works. With regard to the position in Kilkenny, I am not able to give Deputy Pattison an answer at the moment, but I will let him know later. I know there was difficulty there about acquiring a suitable site. This question of suitable sites has been the cause of delay in very many instances. We recognise that this question is urgent in some cases, and that something should be done to improve housing conditions.

With regard to allowances for housing, and the statement by some Deputy as to a disparity in the rents charged in certain areas as compared to others, I want to say that a census has been taken—it is practically complete now—of average rents throughout the country. I recognise that in places near Dublin or other cities, or in cities, that rents are much higher than they are in outside areas. We recognise that one of the undertakings that we gave to the Representative Body of the Gárda when they raised that question was that we would examine it and try to improve it. We are trying to improve it. We have made certain provision in the Estimate to do so by increasing the allowances to compensate in some way for the increased rents the guards have to pay in those areas.

Deputy Hurley raised the matter of the pay of the Gárda. That matter was disposed of only recently, and I cannot hold out any hope to the Deputy at the moment that there can be any review of the position.

Would the Minister mind answering a question regarding a matter that I do not think was raised before, and that is the question of itinerancy on the roads. The matter has become one of acute difficulty in rural Ireland. If the Minister does not mind, may I ask him whether it is his intention to give any instructions to deal with that problem. I do not know where they all come from, but the roads are now encumbered with itinerant tinkers who camp down on the sides of them. Nobody likes to be too offhand with persons who are poor or in difficulties, but these people are responsible for more than one very grave abuse. One is that they habitually put donkeys into growing crops, to the great detriment of small-farmer holdings.

Into fields where wheat crops are growing?

If the Deputy was familiar with conditions in rural Ireland he would realise the amount of damage that is being done by those people. They camp down for protracted periods, and then go away, leaving the roadside in a deplorable insanitary condition. You find the roadside littered with rags, tin cans and rubbish of all sorts. I know of one road in the immediate vicinity of a town with which I am familiar, not necessarily the town in which I live, and that road has become almost impassible owing to its condition and the smell of it. I think that is reaching a point which constitutes a danger to the public health. It certainly constitutes a danger to the peace of the district, because if those itinerants habitually let animals into growing crops farmers will go out and attack them, and that would be a very undesirable development. I would be glad to know if the Minister has considered the matter, and whether he intends to instruct the Guards to put a stop to this practice.

As a matter of fact I did not know that there was any increase in this itinerancy to which the Deputy has referred. I knew, of course, that you had a certain number of those people going through the country from time to time. I promise the Deputy that I will have it examined. The Department of Local Government may be interested in it from another angle, but in any case I will have the matter examined and see what can be done.

An additional evil is that of wandering horses and wandering donkeys on the roads at night. When driving my car one night I hit a wandering horse and a number of other people have had the same kind of extremely dangerous experience.

Would the Minister say if it would be an offence, say, where half a dozen or more horses are let into your land at night, to shoot a few of them?

Deputy Gorey's question certainly lends point to my observations.

Vote put and agreed to.
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