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Dáil Éireann debate -
Wednesday, 4 Jun 1941

Vol. 83 No. 11

Vote 32—Office of the Minister for Justice (Resumed).

Debate resumed on the following motion:—
That a sum, not exceeding £29,382, be granted to complete the sum necessary to defray the Charge which will come in course of payment during the year ending the 31st day of March, 1942, for the Salaries and Expenses of the Office of the Minister for Justice. —(Minister for Justice).

Deputy Moran, when dealing with this Estimate on the last day it was under consideration, referred to the case of a court messenger employed in the County Mayo to execute warrants, and said that, by reason of the distance he had to travel to execute a warrant, his travelling fees amounted to £5 on the execution of a warrant for £2. The Deputy also mentioned quite casually that the court messenger collected a fee, or rather a bribe, of 5/- from the person upon whom the warrant was to be executed on condition that he made a return of mulla bona to the court. If that is an ordinary or a usual happening in the County Mayo, or any other county, it represents a very serious state of affairs, and ought to bring to the notice of the Minister and of the Government the urgent need there is for a drastic reform in the manner in which these officers are appointed. Reference has been made to the fact that, as far as the ordinary citizens of this country are concerned, particularly those in the rural areas, law and order, the Government and the Constitution of this country are represented by the Gárda Síochána, but, in many rural areas, law and order, the Government, the Constitution, and this House are represented by the court messenger, and if he is an unjust, a dishonest or an unworthy official, then the entire State is thereby discredited. For that reason, I think it is the duty of the Minister to insist upon proper persons being appointed to execute the warrants and orders of our courts.

Last week I addressed a question to the Minister for Justice in connection with the appointment of a court messenger in the County Wicklow. I asked by whom he had been appointed, and was informed by the Minister that this person, John Breheny, was appointed by the sub-sheriff or the under-sheriff with the approval of the Minister for Justice. The facts of the matter are that the sub-sheriff has been in failing health for a considerable time, and that the entire business which this court messenger had to execute was taken completely out of his hands. Therefore, the statement that the man's appointment was by the under-sheriff does not appear to be correct, particularly in view of the fact that he was in the service of the State in a number of other counties for the same purpose—namely, the collection of arrears of land annuities. As appeared from the evidence given at his trial he had been employed in Cork, and, I think, in Waterford. It would seem clear, therefore, that this man was appointed by the Minister. That is the position as far as the people in the County Wicklow have been informed. Furthermore, the Minister stated that this man offered no sureties for the due and proper discharge of the duties of the position. It seems an extraordinary thing that a man should be appointed to collect large sums of money and to fill such a responsible position, without being asked to offer sureties of some kind or another. If a decent, respectable citizen offers himself for employment as a breadvan driver, before he is even allowed to take out a load of bread, he has to put down a deposit and provide adequate security to safeguard his employer against fraud. In this connection we are appointing a man under the authority of the State with power to collect sums of money running into thousands of pounds, and we do not ask or expect him to offer even 1/- by way of security. That seems to me to be a reckless and altogether absurd method of employing an official to carry out such important duties. As a result of the reckless manner in which this appointment was made, we had the position in which this man was brought to justice on the charge of defrauding the State to the extent of £240. He was convicted, and sentenced to three years' penal servitude. That, in itself, is a very serious reflection upon the Minister's Department.

The judge, in giving his decision in the case, stressed the fact that this man was appointed to administer justice, that he was collecting sums of money from very poor people who were unable to meet their demands, and for that reason it was a very serious crime to defraud such people.

The gravity of this man's offence is not, in my view, as great as that of the Minister and his Department in making such an appointment in so reckless and irresponsible a manner. We all wish the State and the administration of the law to be held in the highest possible esteem and I am stressing this point in order to bring home to the Minister that it is absolutely necessary, in the future, to ensure that proper care will be taken in the making of those appointments. I have no wish to add anything to the blame which has been showered upon the head of this unfortunate individual. So far as the people of Wicklow are concerned, they cherish no ill-feelings towards him and they would entertain no resentment if the Minister were to mitigate his sentence in any way. There is no ill-feeling against him but there is a strong feeling that the people should be protected against this type of lawless official. I hope that, not only in this case but that in all cases where it is necessary to employ men, either in the Gárda or in any other branch of the Minister's Department, to discharge unpleasant duties, the appointments will be made by competitive examination and that the applicants will be subjected to all the tests to which the ordinary civil servant has to submit. I hope that, in addition, he will be required to offer the necessary security to guard against his defrauding the State.

The civil servants in this country, generally, have a high reputation. Whatever may be said about their efficiency or otherwise, they have, certainly, the reputation of being honest, fair and sincere in carrying out their duties. It is altogether wrong that the regular civil servants should be discredited by the drafting into the employment of the State of irregular officials in a temporary capacity— persons who are employed mainly because of their want of principle or on account of their toughness, their lack of scruple or their lack of a sense of responsibility. This has happened in connection with other persons incorporated in the Gárda in a temporary capacity. These men discredited the force and had to be fired out in due course. The Minister has been warned and the people expect him to accept the warning and to see that the standard of rectitude, honesty and responsibility in his whole Department is raised.

So far as the regular members of the Gárda are concerned, they have reflected credit upon this State. They were recruited at a time when it was rather difficult to recruit such a Force from a comparatively small population. Notwithstanding that, they have given great satisfaction and have been, to a great extent, responsible for the preservation of order and for the respect given by the people to the State and the institutions of the State. In view of those facts, the Minister would be well advised to look carefully into the reasonable demands and requirements of the Gárda. From many counties and towns, we hear serious complaints from members of the Gárda in regard to the housing accommodation with which they are provided. It is true that a fairly generous rent-allowance is made to Gárdai but, unfortunately, in most provincial towns—I think this is true also of the city—the rents charged to members of the Gárda are so high that even this generous allowance of £30 a year is not sufficient to enable them to obtain decent accommodation.

I think that it is time the Minister considered the inauguration of a housing scheme in the principal towns for the members of the Gárda. He should consider the building of suitable houses for Gárdai who are married and living out of barracks. He could, I think, provide housing accommodation for the Gárdai at a much cheaper rate than that represented by the amount provided in this Estimate and, in that way, he would save money to the State. There is no doubt that members of the Gárda are being imposed upon by the owners of houses in our towns. In addition, a proper housing scheme for Gárdai would make for efficiency inasmuch as the Minister could ensure that the houses were provided in whatever quarter of the town was most suitable for the discharge of official duty. It would be desirable that all members of the force should be housed at a convenient distance from the Gárda station so that they would thereby be available if called upon for emergency or urgent duty. That, I think, is a reasonable suggestion which the Minister should consider. By so doing, he would save quite a considerable amount of money. I do not think that provision of suitable houses for the Gárdai would exceed in cost £500 per house. Unless the State were to borrow that money from private financiers and pay a high rate of interest, repayment in respect of that house should not exceed £5 a year if the house were to last for 100 years. Surely, that would be a very great saving of public money?

Deputy Mulcahy suggested that some senior officers were unworthy to be members of the force. I have no knowledge of these officers but I do know that senior officers are permitted to remain in the same division for too long a period. In some cases, senior officers have been in charge of the same division since, practically, the inception of the force. That is completely wrong, particularly having regard to the number of changes and transfers made in the case of ordinary members of the force. I do not think that senior officers should be specially privileged by being allowed to remain in the same town, district or division for a prolonged period. It does not make for efficiency. There is another matter in regard to which I know there is considerable dissatisfaction. That is the length of time which elapses before subsistence allowances are paid to members of the force. Officers and men of the Gárda Síochána engaged in duty on behalf of the State, and incurring expenditure in the course of that duty, are men who have very limited means. It is not right or proper that a period of two months, in some cases, should elapse before a subsistence allowance claimed is paid. That is a matter to which the Minister should give his attention.

Some time ago I asked a question in regard to a very widespread nuisance in this country, that is, the number of gipsies and vagrants of various kinds who are allowed to camp upon our roads, and particularly upon the byroads in our rural areas. These people are inflicting a very serious hardship upon small holders and rural dwellers generally. The Minister replied that he would obtain a report from the Gárdaí in connection with this type of nuisance. I do not know whether he has completed his inquiries or not. This is a matter in which the farming community generally and the rural population, and also the people in our small towns, are gravely concerned. It has been referred to on various occasions in connection with the spread of foot-and-mouth disease. No matter what action may be taken by the Gárda Síochána or by individuals or by officials of the Department of Agriculture, this type of people travelling from district to district with live stock of all kinds represents a serious danger. That aspect has been stressed in other debates.

There is also the fact that there has been serious trespass upon farmers' land, including land under crops, and upon gardens. There has also been a considerable number of petty larcencies of firewood and fences between fields, and other property. The people concerned have to suffer this without any hope of redress. For small offences the Gardaí are almost powerless to deal with this type of person. They may summon them, and succeed in duly serving the summons, but usually when the court is held the defendants cannot be found, and hardly ever can be properly located. Any person of this type who wishes to move from place to place and wishes to camp in one district one day and another the next day, should be compelled to take out a licence and be duly registered. This does not imply any reflection whatever on this class of people. Any citizens of this country who wish to camp out, or have no fixed residence—whether they call themselves tourists or tinkers—should be compelled to take out a licence. That is only proper and reasonable. The person who is residing on the roadside in one Gárda district to-day and in another to-morrow, cannot easily be brought to justice if he commits an offence.

In such cases also the School Attendance Act is ignored. Then they cannot be brought to justice either. There is also considerable cruelty to animals, particularly to aged horses, and there is no proper means of redress. I do not pretend to be a faddist or an enthusiast in connection with the protection of animals. I would have sympathy with an ordinary working man or a farm labourer who might possibly lose his temper with an animal, or with a man who, through some temporary neglect on his part, may overlook an animal suffering pain. However, there should be no sympathy whatever with the person who deliberately inflicts cruelty on aged animals. It is well known that if an old horse comes into the possession of these people he becomes a young horse within two or three days. The animal may be bowed down by the weight of years, and hardly able to drag his legs along, but within two or three days the same animal will appear in a fair stepping along like a candidate for the Grand National. How is that brought about? I can tell the Minister that it is brought about by cruelty. The animals are terrified, and, for the moment, they lose a certain amount of the appearance of age. That state of affairs should not be permitted, tolerated or winked at in this country. For all these reasons I am suggesting that those people who enjoy this freedom from rates and rent—and, to a great extent, from detection when guilty of minor offences—should be registered or licensed, as the Minister may think fit.

I have heard frequently that the salaries paid to members of the Gárda Síochána are not sufficient. Although I have heard complaints, I think that, as far as the ordinary Gárda is concerned, there is not very much ground for complaint. There is no doubt whatever that a member of the force who is blessed with a very large family finds it extremely difficult to make ends meet at the present time, particularly in view of the high rents and the general high cost of living, especially in our larger towns and cities. In this connection I would like the Minister to consider the question of family allowances. The question has been before the public to a great extent, and as members of the police force are generally singled out for experiments, it might be no harm if the Minister would speak to the Minister for Finance in regard to this matter, and suggest that the experiment of family allowances should be tried on a small scale in connection with members of the force who have large families.

There is another matter in regard to which I have also heard some complaints, that is, that the number of Civic Guards on night duty in our cities is not sufficient for the proper patrolling of those places. I do not know how far that is true, but I do know that at present the system of patrolling towns and cities at night is absurd. Anybody knows that to send men out in full uniform and on foot to patrol a certain confined beat in a town or city is not the best possible means of preventing or detecting crime. Two men in civilian clothes, equipped with ordinary push bicycles and given a large part of the city to patrol would be far more effective in the detection of crime. A potential criminal, a housebreaker or other offender, would know exactly where uniformed members of the police are to be found. If members of the police force were disguised as ordinary civilians the task of the potential criminal or law-breaker would be much more dangerous and difficult. I know that in every town and city there is probably a number of men on duty in plain clothes, but I think that the number should be greatly increased. As far as night duty is concerned, there is very little reason for having uniformed men on duty. What is required are men who will be really dangerous to the law-breaker. The same applies to a limited extent in regard to ordinary day duty. I think a larger percentage of the force should be disguised as ordinary civilians when on duty. The man who goes out to break the law does not dress himself in a showy uniform so that everybody, and particularly members of the Civic Guard, may know what his intentions are. In the same way, there is no reason why members of our police force should make themselves obvious to the criminal. I think also that there is too much foot work, too much walking up and down beats. It does not serve any useful purpose. A man who can cover a considerable amount of ground on a bicycle is usually much more efficient. In connection with night duty, I think if any member of this House were to walk up and down one or two streets for eight hours he would find that by the fifth or sixth hour his efficiency would have declined very much. He would be weary, fatigued, and foot sore. Such conditions do not make for efficient police work. If men were sent out in plain clothes, on cycling patrols and returned, say, once in two hours or once every hour for a smoke and refreshment, they would be much more efficient in the discharge of their duties and would be more dangerous to the offender or potential offender.

I make these suggestions to the Minister in good faith and I wish to underline my original suggestion that in connection with the whole system of the appointment of court messengers he will look into the matter and see that the men appointed are of the highest possible character and give adequate surety for their good conduct.

I intervene to support the plea that Deputy Cogan has made in regard to some housing policy for members of the Gárda force. This matter has been before the House on several occasions and I am sure the Minister is familiar with the need for doing something in that direction. I am, therefore, relieved of the necessity for making a long statement in support of it. Any of us living in certain parts of the country knows that this is not a question of rents so much as a question of getting any kind of suitable house. Very often unsuitable houses have had to be rented or taken. This is responsible for a good deal of discontent and a considerable amount of ill health. I think the Minister would do a very good service generally if he could give some indication that this matter was having more earnest and more favourable consideration at present, or that it will have in the near future, than it has received up to the present.

I do not propose to keep the House as long as Deputy Cogan kept it. In fact I would describe Deputy Cogan's speech as an epic, for the way in which he blew hot and cold at the same time. Apart from some miscellaneous things to which he referred, he took up much of the time of the House with his observations on a certain act of embezzlement that took place in County Wicklow on the part of a court messenger. It would have been much better if he had left it as it was because I understand this man has been already convicted. Deputy Cogan advanced the extraordinary philosophy that because this court messenger was proved to be dishonest, his employers were also dishonest. That is as much as to say that if a farmer employed a labourer who turned out to be dishonest, the farmer would also be dishonest. I do not know the exact method of appointing court messengers but I do not think it is the Minister who appoints.

That is a mistake.

I am sure if it were the Minister who made these appointments they would be made with scrupulous care. I think it was very unjust to attribute anything like that to the Minister, especially when the Minister was not responsible.

I should like to draw the attention of the Minister to the question of the use of the Irish language in the courts. I am very much afraid that adequate machinery has not been provided for the conduct of cases in the courts through the medium of the Irish language. After all, we must look upon the courts in this country as very important tribunals, and each one of us who is interested in the Irish language would like to see it getting more prominence in the courts than it is getting at present. In fact, I was present in court myself not long ago when certain litigants came along and wanted to have their case conducted through the medium of Irish. It happened there was no interpreter in the court. I was called upon to act as interpreter, which I did, but I must say that, even though I spent the whole day there, I got no payment for it. Of course, it might be regarded as a labour of love on my part, but I find that in many of these cases the love is all on my own side. In any case, I would suggest that this whole question of the use of the Irish language in our courts should be looked into, and that we should make sure in all cases where people are anxious to have their cases conducted through the medium of the Irish language that an interpreter would be provided.

I should like also to refer to the position of Gárdaí in the Gaeltacht. It has been said that because certain members of the Gárda are proficient in the use of the Irish language, they are delegated to isolated and backward places in the country where they are deprived of, or lose touch with, a good many of the amenities of life. That is a matter of opinion or a matter of taste but, in any case, if there is any disparity between the treatment of ordinary members of the Gárda and those who have to spend their time in the Gaeltacht, a good way out would be to give some concessions to those who are obliged to stay in the Gaeltacht. After all, people in many walks of life get concessions because of their knowledge of the Irish language. The district justices, for instance, have been given a concession. In the Courts of Justice Act, 1936, there is provision for the extension of the time of service of district justices who happen to be officiating in an Irish-speaking district. That is as it should be, and I look upon that as a very good provision. I would suggest at the same time that Gárdaí who are serving in the Gaeltacht should also be given some concessions. I could not define exactly what these concessions might be, and perhaps they are already getting some concessions.

Reference has been made to the housing of members of the Gárda Síochána. In my travels I have not heard of many complaints in that regard. The only complaint I have heard —and I have heard one recently—is that sometimes married Guards are transferred from one town to another, in which latter town there is no house at all to be found for such Guards. If there is one thing more than another on which it is necessary to satisfy members of the Gárda Síochána, it should be to satisfy married members of the forces as regards housing accommodation. No proposal should be put forward for the transfer of a member of the Gárda from one town to another unless an assurance is forthcoming that the Gárda transferred will be able to get housing accommodation in the town to which he is going.

I should like if steps were taken to prevent children playing in the streets of our cities and towns because I regard such children as a positive menace not alone to themselves, but to the travelling public. I do not think that the Gárda have any definite power to interfere with those children or, if they have that power, it does not seem to be availed of. In saying that, I do not want to cast any reflections on members of the Gárda Síochána because I know very well that they are performing their duties very faithfully and efficiently. I mention the matter merely because like many others who have had to drive motor cars through public thoroughfares, I have noticed the great menace these children are, principally to themselves, and also, as I have said, to the travelling community.

Reference was made to the School Attendance Act, and, if I do not mistake, I think it was Deputy Cogan who said that the Act has not been enforced sufficiently rigidly.

In connection with vagrants—tinkers.

My experience of the School Attendance Act is that it has been enforced too rigidly in many cases. I came across a case recently where a child was kept at home for three days. That was necessitated by certain family circumstances, but still the School Attendance Act was resorted to.

Finally, I should like to say that it seems to be a great omission that stenographers are not provided for District Courts. Anyone who has had experience of long-drawn out cases in which there are a great many pieces of evidence to be taken into consideration knows that it is very hard to rely upon people's memories for the facts in these cases. It behoves the district justice to sit down himself to take a note of all the evidence. The district justice may not be a stenographer himself, or there may not be anybody in court who would be able to take a note of the evidence in that way. That results in a great prolongation of the sittings of the courts. Of course, I realise that the employment of stenographers would necessitate some extra expenditure, but, perhaps, such expenditure would be justified.

I should like to say in conclusion that those of us who had experience of the formation of the Local Security Force should not let this Estimate pass without paying tribute to members of the Gárda Síochána who lent their services in that connection. I have never seen more fidelity to duty than has been displayed by the members of the Gárda Síochána who went out to organise that force.

Mr. Byrne

Much has been said about the Guards, and I wish to join in the compliments that have been paid to them. In Dublin they certainly have won the confidence of the people, and are now looked upon as friends. The Minister no doubt feels, or should feel, very proud of that achievement—that the Guards are now looked upon as friends of the people. I wish to support the request to the Minister that something further should be done in connection with their housing or their rent allowance. I am aware that the allowance is most inadequate to pay the rent of a house in the City of Dublin. In one or two places of which I am aware the allowance pays only for a couple of rooms. Something ought to be done in that direction, either by increasing their rent allowance or providing them with houses at a fixed rent.

I will not detain the House much further, except to ask the Minister if he would investigate a case which has come under my notice, where the person concerned appears to feel that he has suffered a very grave injustice. I refer to the case of Michael Joseph Clifford, formerly Guard 65A, now living at 9 Donore Road, South Circular Road, who was called upon to resign from the Guards on 7th December, 1938. He writes very long statements to Members of the House. On reading through those statements and interviewing the man, one certainly gets the impression that Guard Clifford is entitled to another hearing. I understand he had long service. He arrested some person for drunken and disorderly conduct, and that person was convicted. He said that from that moment onwards there was ill-feeling, and that an injustice was done to him. I have hundreds of papers at home concerning the case. I am not suggesting that the Minister or this man's superior officers have not gone into the case already, but I should like to have the matter further investigated. This man has been unable to get employment of any kind, and I think the Minister should go into the matter again to see whether anything can be done to remove the impression that something has been done to him which should not have been done. I do not wish the Minister to give me a reply now, as his decision might prejudice the further hearing of the man's case. Again, I wish to join in the compliments which have been paid to the Guards. I should also like to refer to the condition of some of the courthouses in various parts of the country. The Dublin newspapers tell us that some of our courthouses are unheated, badly lighted, and have damaged roofs. In one case the Justice had to change the bench from one part of the court to another.

The primary responsibility is not on the Minister.

Mr. Byrne

I will not pursue the matter any further.

I hold as high an opinion of the Gárda Síochána as any previous speaker, and I appreciate the work which they have done in connection with the organisation of the Local Defence Force and Local Security Force. Were we living in normal times I might be inclined to support the appeal made by some previous speakers for increased housing allowances. I think it was Deputy Cogan who mentioned the matter first. That strikes me as extraordinary, coming from Deputy Cogan, who poses as an economist in this House——

I suggested that they could save £25,000.

——and who knows the conditions which prevail in the country. At the present time, no decent house could be built at a cost of less than £600. I think that, viewed from the standpoint of the rest of the community, the Gárda are being fairly treated as regards housing, and housing allowances. I say that while realising that it is probably imprudent, if you wish, because I like to say what I think is right. To my mind, it would be far more to the point if the Minister considered making some provision for the members of the Local Security Force who are assisting the Gárda at present, and some of whom, perhaps, live in very poor houses, but who are not in receipt of any housing allowance from the State or anywhere else. They have to go out doing night duty, and when incidents happen here and there through the country they are very often called on to strengthen the Gárda force in the carrying out of certain essential duties. If we are to consider the question of increased allowances in any shape or form, I think those unpaid men should get first consideration. Speaking on behalf of those men, I think they do not expect anything from the State. What is good enough for them surely ought to be good enough for the ordinarily paid men, at least until this emergency passes. I say that while at the same time having the fullest appreciation of the efficiency of the Gárda force.

There are a few other points to which I am anxious to direct the Minister's attention. The first is in connection with breaches of orders made by the Minister for Agriculture in regard to outbreaks of foot-and-mouth disease. The detection of breaches of those orders is left, of course, to the Gárda Síochána and the Local Security Force. It is fairly common knowledge through the country that a certain type of gentleman has time and again evaded those regulations by various means. I am not alluding now to the decent cattle trader, but to a certain type of trader who has grazing on the 11 months' system in different districts throughout the country, and who, by the use of unfrequented by-ways and pathways at the dead of night, has committed breaches of those orders without being detected by the Gárda Síochána or the Local Security Force. I would advise the Minister to request the Gárda Síochána to keep a close eye on those individuals, and to run no risks. I advise the Minister to think seriously of applying to persons of this type the full effect of some of the Emergency Powers Orders, and interning them until this wave of foot-and-mouth disease has passed away. I need not remind you, Sir, of the serious repercussions which this dreaded disease has in our midst. Thousands of cattle have already been slaughtered, and thousands of pounds worth of damage done.

The repercussions of the foot-and-mouth outbreak are matters for another Minister.

I agree, but what I am concerned with are breaches of the regulations which result in the spread of this disease and which it is the duty of the Gárda Síochána to prevent. Despite all efforts, I am afraid that there are evasions and breaches of these orders, and I suggest that the Minister should see to it that the Gárda, as I am sure they do, do their utmost to cope with the situation.

There is another section of the Minister's Department which I am anxious to criticise in relation to the attitude adopted by certain members of the judiciary. I believe, and I think every member of the House will agree, that it is better for us to get respect for the law than fear of the law.

The decisions of the judiciary are not open to discussion here.

I do not propose to discuss them individually.

Or collectively.

May I discuss the position in which certain justices have given as their excuse for not holding their courts regularly the shortage of petrol?

This House has no jurisdiction over the judicial acts of judges or justices except by way of express motion.

Is it the position that we have no right to criticise them at all?

Can I discuss them in the same way as previous speakers have discussed them, in connection with the Dance Halls Licensing Act? I do not oppose your decision, Sir, but I should like a ruling on this matter.

I shall hear the Deputy and, if necessary, bring him to order.

Instances have appeared in the public Press of certain justices not holding their courts as often as formerly and of courts which were held fortnightly now being held only monthly.

That is quite different from discussing judgments and decisions.

I do not propose to criticise them in any way other than in respect of the reason they give for not holding court fortnightly, that is, the shortage of petrol or the small allowance of petrol allowed them. To my mind, as an ordinary citizen, that is giving a pretty bad example. Every citizen has to put up with certain inconveniences during this time of emergency, and I think these inconveniences should be cheerfully borne by all sections, and more particularly by those engaged in the public service, either as legislators or administrators.

There has also been much public comment on what appeared to be the rather light punishments of people convicted of breaches of the Compulsory Tillage Order in certain areas. That comment, of course, is due to the fact that the people realise that we now have to depend on our own resources, if we are to exist until this crisis passes. I do not know whether or not the Minister can do anything to rectify these matters, or whether I am treading on dangerous ground or not——

The Deputy will be duly warned.

——but I am also concerned with the fact that certain learned judges have made statements, as published in the Press, calculated to bring the Houses of the Oireachtas into disrepute in the public mind. I think that should not be. This is the Legislative Assembly and they are but administrators, and I should say, with all due respect, that the Legislative Assembly should get the respect due to it, as it is from that Assembly that all law comes. I should be glad if the Minister would give his attention to these few points.

I should like also to refer to the position in regard to housing accommodation for the Gárda. Repeatedly, year after year, on the debate on this Estimate, I have raised this question of housing accommodation for the Gárda. We all know that the Gárda are housed under disgraceful conditions in the various towns, and that some indeed have not houses at all. They are paying ridiculous amounts, and, in some cases, fabulous amounts, for two or three rooms, and I think that the Minister will agree that that is bad from the point of view of administration, and bad also because the people generally cannot have the desired respect for the Gárda when they are housed under the conditions under which they are housed at present. Were it not for the fact that local authorities have placed numbers of their houses through the country at the disposal of the Gárda, the Gárda would be in a very bad way. Deputy Meaney seems to labour under a misapprehension in regard to this whole matter. I have been in the House during the whole of the debate, and nobody suggested that there should be any increase in the rent allowance. So far as I know, the rent allowance is pretty adequate to meet the situation if houses were available. I have suggested to the Minister, to his predecessor and to that Minister's immediate predecessor that the Government should build the houses in each of the large towns, so that accommodation would be available for members of the Gárda, and especially married Gárdaí, transferred from one town to another. I remember putting before the Minister a detailed scheme for the building of houses in certain areas, and I think it could be shown then that the amount of money given by the authorities as rent allowance would be sufficient to pay interest and sinking fund on a scheme of decent houses. In any part of Ireland you will get a house sufficient to accommodate a Guard and his family for about £400 or £500. As far as I know, the allowance is about £30 a year, which would represent an amount sufficient to meet the interest and sinking fund needed for the building of such a house. The only way to give contentment to the mind of a Gárda in such a case is to assure him that he will have proper housing facilities in the place to which he is being transferred. The first thing that he has to find out, when he is being transferred from one place to another, is what housing facilities are going to be afforded to him. He has been sufficiently lucky to find a house in the town in which he now is, and naturally he is resentful at being transferred to a town in which there is no housing at all provided.

Deputy Cogan referred to the delay in the payment of subsistence allowances, and I have also heard complaints in that connection. I have heard of some cases where Guards were sent out of certain districts to other districts during the last election, and where subsistence allowances, which should have been paid, to my mind, immediately after the election, were not paid until six months later. I think that is very unfair, because, apart from the mere subsistence allowance, the Guard in such a case has certain out-of-pocket expenses to meet. I cannot understand why there should be any delay in the payment of allowances of that kind. Deputy Meaney said that, in his opinion, the Guards were very well off. I do not agree with that at all. Some years ago the Guards had a cut in their wages, and that was never restored, notwithstanding the fact that the cost of living has risen enormously. The Guards are expected to keep up a certain standard of living, and I do not know how they can be expected to do so under present circumstances. Other people in Government services had an increase in their salaries, based on the increase in the cost of living. I know that that has now been standardised, but there was some increase, whereas the Guards have not got any increase. I know, and I am sure every Deputy and every member of the Government knows, that a Guard is put to the pin of his collar to live at the present moment on the salary that he is in receipt of, and I suppose that the standstill order, which the Government are endeavouring to put into operation, will now operate against the Guards even further. I think that that is very unfair, because almost every other, if not every other, public servant has got the benefit of the war bonus. Before concluding, I should like to refer again to the question of housing for the Guards, with a view to urging the Minister to go into this matter. When the present Minister for Local Government was Minister for Justice, he promised me that he would go into the matter. A detailed scheme was submitted to him which, he said, he would examine. He also said that he thought the scheme was feasible, but nothing has been done since, and the Guards all over the country are in a wretched state so far as housing is concerned.

Deputy Cogan addressed a question last week to the Minister in reference to the appointment of a court messenger in County Wicklow. The reply of the Minister was that the appointment was made by the under-sheriff for the county. I think the facts are that the names are submitted to the Minister's Department and that the sheriff or under-sheriff has no authority other than to sign for the appointment. However, that was an unfortunate thing that happened, and I agree that the less said about it the better at the present time. I think we can congratulate ourselves that that kind of thing is a very rare occurrence in connection with any official appointed by the State, and being such a rare occurrence we cannot view it with undue alarm. It is just one of these unfortunate things that may happen during any period, and that may be done by any individual.

I want to say, in connection with the housing problem, that it is more serious in the rural areas than in the urban areas, so far as the Guards are concerned. I am not advocating an increased housing allowance or an increase in salary for the Guards, but I have a suggestion to make in that connection. Public bodies are engaged at the present time on large-scale building schemes in villages and towns, and in many of these villages we find that, where building schemes are in operation, the Guards cannot be provided with housing accommodation until the local people have been provided for. I am certain that the board of health or the engineers of the board of health could provide housing for the accommodation of the Guards at less cost, where these other schemes are being undertaken. At the present moment you cannot provide a Guard with a house in most of these villages because there would be so much trouble from the local people. I know of many cases where it would not be necessary to wait for any large building scheme and where, with the co-operation of the engineers of the Board of Works, a solution would be found in a very short time, in the way of providing say, four-roomed houses.

I do not want to delay the House. I only wish to say that I am delighted to see Deputies congratulating the Guards now. It is good to see congratulations coming from all sides of the House. At one time, the Guards were not very popular, but times have changed. The only thing that I would like to criticise is that the time of the Guards is very much occupied now in connection with office work. They have work in connection with the Local Security Force, the Local Defence Force, school attendance, and all kinds of rules and regulations in relation to agriculture, and so on, with the result that a great deal of their time is spent in office work in barracks, and not in the ordinary patrol work that one would expect of a Guard. I think it is necessary to bring that matter to the attention of the Minister, because it is essential that the Guards should be on duty in the streets, in the ordinary course of their duty, instead of having all their time taken up by office work for which they were never intended.

There are a few remarks which I should like to make, and one is that, like other Deputies, I should like to pay a tribute to the Guards in general. While paying that tribute I should also like to take the opportunity of paying a tribute to the Local Defence Force and the Local Security Force for the work they have been doing in helping the Guards. From the national point of view, too much praise could not be given to them. There is one matter to which I should like to direct some criticism. I want to know whether the Legislature is to be dictated to by the judiciary, or whether the Legislature should not tell the judiciary what their duties are. Some of the justices have refused to hold court, and where a position of that kind arises I think we should meet any challenge of that kind. Some of the justices have said that unless the courts in which they sit are put into a certain amount of repair they will refuse to hold court in future. Are these justices entitled to sit down and say: "We will not hold court," or that they will not enforce the Acts passed by this House?

Another thing about which people in the country are grumbling—and rightly so, I think—is in connection with the scale of costs of court procedure, and it is thought that the Legislature should take steps to deal with that matter. As things are at the moment, it means that, very often, a poor person cannot get justice because the scale of costs in connection with court procedure is prohibitive. The sooner the House considers that matter and deals with it, the more interest the people of this country will take in it. It is a matter that is long overdue. As I have said already, we should not take dictation from these people, such as the district justices, who are there to enforce the laws passed by this House, and the sooner these people are forced to do their duty the better it will be for this House and for the country as a whole.

A matter to which I should like to refer is the question of the payment of jurors. We all know the disabilities that they have to suffer from at the present time. Some of them have to travel 50 or 60 miles to the Circuit Court or the High Court, and I understand that even a person whose valuation is under £10 may have to serve as a juror if called upon to do so. I do not know the position so far as the sheriff is concerned, but I know that he sends out a notice to people to serve on a jury on a certain day, and "fail not at their peril," and so on. I am aware of cases in County Mayo where people have to travel 50 or 60 miles in order to attend the court. Those people should be allowed travelling expenses and a subsistence allowance. All the officials connected with the courts are very highly paid. The judges are highly paid; the State solicitors get £1,500 or £1,600 a year; the registrars are highly paid, and so far as solicitors and counsel are concerned we know they are also well paid.

I do not see why an unfortunate juror should be obliged to travel 50 or 60 miles and remain in the town where the court is held for two or three days without being made some allowance. Many of them probably have not a penny to spare, and some of them may have had to go round amongst their neighbours in order to get enough to cover the travelling expenses. We are aware of what happened in Cork when a juryman was brought before the judge for being late. He informed the judge that it was impossible for him to attend earlier, as he had spent the night in the workhouse, and the authorities there would not permit him to leave until he had broken a heap of stones in order to pay for his night's lodging. I suggest that the Minister should give serious consideration to this matter, because the opinion is fairly widespread that jurors should be given travelling expenses and subsistence allowances, more especially when they have to travel long distances to the court.

Mr. Brennan

I should like to impress upon the Minister the advisability of taking practical steps to put into operation the suggestions submitted by Deputy Corish with regard to housing accommodation for the Guards over the country generally. I do not know if the Minister is aware of the shocking conditions that exist, more especially in rural districts, in connection with housing accommodation for married members of the Force. Perhaps the conditions are not quite so bad in the towns, but, speaking of towns, I should like to remind the Minister that there is such a place as the town of Roscommon, where the people still find his name on the ballot paper. In spite of anything I can do, they still vote for the Minister for Justice.

I think I can say, without much fear of contradiction, that the worst barracks to be found in Ireland is in the town of Roscommon. As a matter of fact, if it were proposed to set the building for the purpose of accommodating people, I believe the County Medical Officer of Health and the County Engineer would immediately raise an objection, and the building would definitely be condemned as unfit for human habitation. I think the Minister is aware of that, because I have drawn his attention to this matter for several years. The Guards there were of the opinion, as soon as one of the elected representatives for the county was made Minister for Justice, that they were all right, and that proper accommodation would be given to them in a very short time. Years have passed, and nothing has been done. There have been investigations carried out by the Board of Works, but I expect it will mean the passage of umpteen years before anything practical is done. Last year there was a further investigation. The premises were inspected, but nothing happened.

One would actually have to see the place to get a proper realisation of its structural condition. It was an old jail of sorts, and you have to go down three steps to reach the ground floor. I spent some nights in a cell there in the British days, and I can quite truthfully say that it is a shocking place. Yet that is where the Guards in Roscommon are housed. I hope the Minister will use his influence to stir up the Board of Works and get them to provide suitable accommodation for the Guards in Roscommon, where the people think so much of him.

Mr. Boland

Perhaps it would be better for me to deal first of all with what has been mentioned by Deputy Brennan. I knew quite well that Deputy Brennan was going to raise this question. I have been making strong representations to have an improvement made in the accommodation there for the Guards. Perhaps I should not press any more for Roscommon than for any other part of the country, but the fact of the matter is that I have given the whole thing very earnest consideration. I am perfectly well aware of the conditions that exist. I am sorry the alternative accommodation that was inspected was not considered suitable, even from the point of view of reconstruction. I am aware that a considerable sum is going to be expended in order to make the present barracks habitable.

Mr. Brennan

I trust they are not going to spend money on the existing structure. It would be the most outrageous procedure of all.

Mr. Boland

That is the proposal. I agree with the Deputy that it is one of the worst barracks I have been in. No doubt a new one would be the ideal solution.

Mr. Brennan

If only, with the Guards out of it, we could have it bombed!

Mr. Boland

I am given to understand that it is the intention to make the present barracks as habitable as it can be made, until, perhaps, a new barracks is constructed.

They do not want a barracks there; they are too law-abiding.

Mr. Boland

There has been a good deal of talk about housing the Guards. No doubt that is a pressing problem, but I must remind Deputies that the Government have, first of all, to deal with housing for the people generally. It must also be remembered that there are other officials in the country who need to be housed as well as the Guards. If I take up the question of housing accommodation, the heads of other Departments will say that they, too, have officials down the country who need houses.

It is not the same case; there is no parallel.

Mr. Boland

I know the housing conditions for the Guards are bad in many places. I have made repesentations on the matter, but I have not got a satisfactory answer. It has been made clear that the rent allowance is now fairly satisfactory. There was an improvement 18 months ago. Unfortunately, there is not much prospect at the present moment of easing the housing situation.

Does the allowance come to £30 a year?

Mr. Boland

It reaches £40 in the cities, and there is a sliding scale downwards.

I suggest it is the easiest problem the Government have to solve —the provision of suitable accommodation for the Guards.

Mr. Boland

I will look into the matter again. With regard to the suggestions about court procedure and the scale of costs, I think that is a matter for legislation. I cannot do anything about the scale of costs. That is laid down definitely in the Act, and I could not make any change, unless new legislation is introduced.

Why not bring in a Bill?

Mr. Boland

We could do so, if it were considered necessary, but I do not think that this is the time to discuss such a matter. So far as I understand the procedure on an Estimate, we may not discuss any change in the legislation. Deputy Meaney spoke about certain breaches of the regulations made by the Minister for Agriculture with regard to the movement of cattle. It is really hard to watch people who carry on such activities during the night hours. I am aware that some of those people have been caught moving cattle along unfrequented routes, but it is really impossible to watch everybody. No doubt there are some cases that cannot be detected, but I think that, with the aid of the Local Security Force, there has been pretty good supervision. Every effort is being made to stop such movements of cattle and I know that the Guards are doing their very best in that direction.

I do not think that many courts have been held up because of the restriction of petrol supplies. I know that some justices did complain—most unwisely for themselves. In times like these we all must put up with some little inconveniences. Several justices said that they would not hold courts if they could not get supplies of petrol to run their cars. They did not do much good by remarks of that kind. I think they should be prepared to carry on like other people and not say that they will not do this or that. I hope the references that have been made in the course of the debate here will bring some of them to their senses.

What is wrong with some of them is they are suffering from swelled heads.

Mr. Boland

Deputy Byrne raised the case of an individual Guard. All I can say is that I am sure the commissioner went into the case. No Guard is called upon to resign unless for good cause. I am quite satisfied that every opportunity is given to a man to make his case.

Mr. Byrne

Will you ask the commissioner to reconsider it?

Mr. Boland

I could ask, but I know that when I asked on several occasions that a case should be gone into again, I found that the commissioner was very scrupulous, and that he would think more than twice before he would ask any Guard to resign. There would need to be a very good reason for that. In any case that I looked into I always found that was the position. I never found a case in which the commissioner was not perfectly justified in his decision.

Mr. Byrne

I agree.

Mr. Boland

As to the delay in paying subsistence allowance, we are going into that question. Such delay should not occur. There was a complaint that adequate machinery was not provided to deal with the Irish language in some courts. In most courts where Irish is expected to be used there are official interpreters. I understand that a fee was not asked for when the Deputy acted as interpreter. Perhaps if he applied he would have got a fee. If he did not look for it nobody was going to offer it. When it is expected that cases will be heard in Irish adequate provision is made. I do not think anything further can be done. Regarding the position of the Gárdaí in the Gaeltacht, there is an allowance of 7½ per cent. extra salary for any Guard who lives in the Gaeltacht. I think that is pretty generous. Deputy Kissane referred to the position created by children playing on the streets. I do not know what would become of the children in Dublin if they could not play in the streets. Even where there are parks they will not go to play in them. Perhaps the reason is that the mothers like to keep an eye on them. I hope the police will not be any stricter than they have been. So far as I am concerned I like to see the children playing but I would not like to have them hurt. It is a pity we could not get some streets closed for playing purposes during certain hours of the day. That would be a good thing if it could be managed. It may have to be done yet. Deputy Cogan and Deputy Everett referred to the case of a court messenger who got into trouble and who was nominally appointed by a county registrar. I was not trying to evade responsibility in that case. The man had a good record and was in the service for years. Unfortunately the appointment was not a good one. It must be said, however, that in many ways he handled large sums of money and it was too bad that he fell. Other people have done the same thing. No matter what salaries are paid people will get into that position.

Will the Minister deal with the sureties?

Mr. Boland

That is never done. The State has to bear the loss. It is as well not to ask the sureties to do so. There is no question of people who paid not getting the benefits of their payments. Deputy Mulcahy raised a matter of considerable importance to the Guards generally. With other Deputies he paid a tribute to the good work the Guards are doing. The Deputy mentioned one thing which is, unfortunately, true—that there are amongst the senior officers some who are unfit for their position. There is no doubt about that. When that is so the position is a very serious one for the Guards under them, for the general public, and, as Deputy Mulcahy said, for the L.S.F. and the L.D.F. The Deputy discussed the matter with me before he raised it, and I want to assure him that it is being attended to. It will be necessary to bring in two Orders, one of which must be passed by both Houses, and the other will be laid on the Table so that there will be adequate opportunity for discussion. I assure the House that the matter, which is a very serious one, will be attended to immediately. In raising it I consider that Deputy Mulcahy made a very useful contribution concerning the safety and security of the State generally, because if I had to do it from this side of the House and did not get co-operation it might be said that motives other than the position of the Guards were operating. When the Deputy was good enough to mention it to me, it was apparent that that view had general application in the House and would do a great deal of good to the Guards. I hope that many will not have to be dealt with, and that when a few are dealt with it will bring home to the rest that they must realise their responsibilities to the full and do what is expected from them in their office. Deputy Moran advocated new legislation on some matters that I could not deal with now. There may be other ways of doing so. I dare say there is room for improvement in the Courts of Justice Act, but that could scarcely be dealt with on this Estimate.

Would the Minister allow me to intervene at this stage to mention a matter that I intended to bring to his notice? Unfortunately I was precluded from being present for the actual discussion.

Mr. Boland

I have no objection.

A question was raised on several occasions concerning the attendance of Guards when dealing with cases arising out of motor car collisions. I wish to stress the importance of the evidence of Guards in these cases. It appears that there has been some new rule made by the Gárda authorities under which Guards will not attend or bring statements that they had taken from witnesses when investigating collisions, unless an order of the court is obtained. I wonder if the Minister would look into it to see if the rule could not be relaxed so as to permit Guards to attend, without the direction of the court, with statements made by witnesses. In the next place, the actual statements will not now be produced in court unless an order has been previously obtained from the judge or the court. This latter order merely adds additional expense to the parties. They have to apply ex parte to the judge to issue a subpoena duces tecum and to produce the statements. While that is for the benefit of junior members of my profession, to which I have no objection, I think it might be dispensed with if the Guards attended and brought these statements without the direction of the court, and produced them in evidence, if directed by the judge. There is something to be said for these statements not being produced when criminal proceedings are pending, but accident cases generally are heard after the criminal proceedings have been disposed of. There can be no objection to both parties seeing the statement. It might often cause trouble, or might, possibly, lead to a miscarriage of justice, unless both parties to a suit were in possession of the statements. Parties in an action very often make statements entirely different from those they make to the Guards. Statements made to the Guards are always relied upon, because they are made after the occurrence, and it would be a useful check on parties who change their stories if both sides had access to the statements before the hearing. If the Minister could see his way to dispense with the necessity for the issue of a subpoena duces tecum it would be an advantage.

The Minister may remember that there was a prosecution about six weeks or two months ago arising out of the salvage of the s.s. Cetverti. Senior Counsel was brought down from Dublin for that case, but owing to some misunderstanding the case was adjourned. The acting Circuit Court judge recommended that the costs of that day should be paid by the State. The parties were subsequently, on transfer to the Circuit Criminal Court, discharged—they were found not guilty of the charge preferred against them— and I think it would be rather an injustice that these men, who belonged to the State service, should have to bear the expense of that day. The expense is very small, because, in the circumstances, the particular Counsel, who is one of the most eminent at the Bar, was acting for a comparatively small fee, and I ask the Minister to give the matter sympathetic consideration in the circumstances.

Mr. Boland

I think that would be a matter for the Attorney-General, but, at any rate, I will have both points looked into.

Vote put and agreed to.
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