Skip to main content
Normal View

Dáil Éireann debate -
Thursday, 19 Apr 1945

Vol. 96 No. 21

Committee on Finance. - Vote No. 32—Office of the Minister for Justice (Resumed).

Debate resumed on motion:—
That the Estimate be referred back for reconsideration.

On the last occasion I was dealing with Deputy Dillon's speech and I tried to deal with any points that were raised as I went along. The Deputy spoke about the riot in Mountjoy Jail and asked if I proposed to hold an inquiry. I do not propose to do any such thing. I think that riot was due to the action of a small gang of very troublesome people. They have been dealt with and I think that is sufficient. He also asked me about the case in Monaghan and whether any inquiry would be held about that I think it was Deputy Coogan suggested that a man should not be put in jeopardy twice. There was a question as to whether there should be a disciplinary inquiry as to the charges made in court against the Guards or whether there should be legal proceedings. Proceedings were taken against the two Guards; they were acquitted, and I do not propose to go any further. I think the case was dealt with all right. The question of the discipline of the Gárda has been raised. Several Deputies spoke about that. Generally speaking, I think the discipline of the Gárda is quite good. There may be a little slackening, due to the fact, as Deputy Coogan pointed out, that transport facilities are not quite as good as they were and inspections are not as frequent. But, generally speaking, I think the discipline is all that can be expected. A year very seldom goes by without some disciplinary action having to be taken against some Gárda, but in a big body like the Gárda that is only natural. I think they are in no way abnormal.

Deputy Dillon also spoke about recruitment to the prison service and suggested that there should be a sort of cadet system. If suitable candidates cannot be found amongst the staffs of the prisons for the post of governor the question of getting somebody suitable from outside could be taken up. I do not agree that warders do not sometimes make good governors. I met some of them when I happened to be in prison and they are quite good governors. There was one man in Cork who made a very good governor. On the other hand, it may be that the type of man you would want for a governor may not be in the prison service and in that case we will have to get outsiders. I would not, however, commit myself to any such system as suggested. As to recruitment to the Gárda, which was referred to by Dr. Brennan and others, I think I dealt with that satisfactorily.

Deputy O'Donnell spoke about the question of dealing with tinkers. Tinkers are a nuisance but they are not so numerous; there are about 5,000 of them. It is very hard to know what to do about them and I must say that I have no proposal to make. They give trouble in some areas, but I do not think they are a very big problem yet. The police have instructions to pay special attention to them. I must admit, however, that I have no proposals for dealing with them. Then the question of clinics for youthful offenders was referred to. I think there will be something done about that in connection with the Mental Hospitals Bill which was passed recently in the Dáil.

Deputy Coogan had quite a lot of suggestions to make about the reorganisation of the Gárda. I dealt with that question last night and I do not think I need go into it again. I am satisfied that the present system is as good as you can get. The question of a mechanised force was advocated several times, but I do not think it would fill the bill. The Deputy also spoke about discipline in the Guards with which I have dealt.

Deputy Coogan also dealt with the question of the detection of crime and asked what the figures were. He said that I did not mention that in my introductory statement. I have some figures here about it. Taking the year 1938, the latest year for which comparable figures for both Great Britain and Ireland are available, the percentage of detections over the whole State was 64 per cent. against 48 per cent. in England and Wales. The percentage over the Dublin metropolitan area was 43; that is very low, but it was 27 in the London metropolitan area; whether they are comparable I do not know. In 1944, the percentage of detections was 55 for the country as a whole and in the metropolitan area 32. The indicatable crime figure for 1944 was 53 per 10,000 of the population. These figures compared very favourably with Great Britain. I hope that I have given all the information that the Deputy required. The Deputy also dealt with police being engaged on other work than the prevention of crime. That has been dealt with already.

Deputy Dillon dealt with the question of having juries of seven, and I think Deputy Costello said it was the thin end of the wedge for doing away with the jury system. The principal reason for that system was, I think, that we were asked to have jurymen drawn from a smaller area in order to allow people from country places to get home. Then, in order to get juries, naturally there had to be fewer jurymen.

That does not apply to the city. Will the Minister consider restoring the old system in the city?

Mr. Boland

I understand it has given general satisfaction. There have been no complaints. It may be that counsel may object, but I understand that jurymen, judges and others have no objection; that it has worked all right. While the emergency lasts I do not propose to restore the old system.

If the Minister ever addressed them he would know whether it was satisfactory or not.

Mr. Boland

Deputy O'Higgins said that the Guards were uneconomic, and many Deputies took up the idea of changing the system and not having the Guards doing any work expect police work. I do not think that would work at all. Deputy Larkin advocated legal aid for the poor. I will have that question examined and see what can be done about it, because it is a very difficult one; it is full of difficulties. Deputy Dillon said that the State should pay the costs where the defence was successful in criminal charges. That is another question that will have to be gone into and I am not prepared to deal with it now.

Deputy O'Higgins said things about the removal of sergeants which I think were most unfair. He said that representations were made about the removal of a certain sergeant in his constituency and that the demand was met. I explained to Deputy O'Higgins the reason for that removal and I want to make it clear that it was not due to any interference by me. The fact is that this sergeant had his family grown up and gone away and he had a big house, while there was a sergeant in another district who had a small house and a big family. It was in the interests of the other sergeant that it was decided to change him. There was no other reason for it, none whatever, and I told Deputy O'Higgins that, and he knows that as well as I do. Still, he wished to bring that up yesterday, saying that there was political interference, because his colleague from the same constituency insinuated that I was being influenced, being one of the political bosses of my Party, that it was thought I could have cases with drawn and Guards shifted. I absolutely deny that. It is not true. But in order to try to give some colour to that, Deputy O'Higgins mentioned this case about the sergeant, knowing as well as I do that the sergeant was shifted for the reason I have mentioned. As a matter of fact, due to representations made to me by Deputy O'Higgins and others on behalf of that sergeant, his transfer was delayed. Any representations made to me were on behalf of the sergeant and not against him. I think it is a shame that the principal member of the Opposition should give an impression that that sort of thing happens.

In regard to Deputy Davin, I do not know the person to whom he refers, but it is absolutely untrue that anybody ever asked me or ever tried to use the political organisation of which I have been secretary since its inception, to get me as Minister for Justice to have any case quashed or any Guard shifted. I have never been asked to have trials stopped. I do admit that I am asked to have Guards shifted. Deputies on all sides have been doing that and I have a standard reply for them. I am sure that, if Deputies who have ever written to me about that would compare the replies, they will find they all say that it is not a matter for me but that I am sending it to the Commissioner. It is too bad if Deputies keep repeating these statements, throwing mud, in an attempt to discredit the whole administration of justice. I was really surprised that Deputy O'Higgins should fire that shot before he left the House last night. He walked out immediately afterwards.

Deputy M. O'Sullivan asked about the recognition of gallantry. I am sorry to say that the scheme has not been finally approved yet. It is before the Government and I hope to have an announcement made shortly. These things require a lot of investigation, and I am not in a position to say what award will be made, but I hope to have the matter cleared up very soon. There is the question of the people who would make the awards, and things of that kind, to be settled yet.

Deputy Larkin made a suggestion about the people in Portlaoighise. These people are refusing to carry out the rules and I am not prepared to change my attitude in that matter one iota. The crimes for which these people have been put there are very serious indeed and, as far as discrimination is alleged, I am personally responsible for that. I have the right to say to which prison a man should be sent to serve a sentence, and I am taking full personal responsibility for saying that the people who commit these crimes shall go to Portlaoighise. As long as I am Minister, I am not going to let a little gang like that break up the prison discipline. That is my attitude. I am most anxious for an end to all this and, whenever anyone gives an indication that there will be an end, and that nobody will claim the right to take life, whether of a civilian, of a member of their own organisation or particularly of a Guard, there will be time to consider that question.

Regarding the question of those interned, I would be anxious to have them all out. We are coming near the hard core I spoke of last year and I think there is something satisfactory about that. I do not know what we will do. We must be very careful not to let people out, to take the lives of other people. We simply cannot do it. Even if our powers of internment expire, we will have to consider some means of dealing with this thing, which has gone on top long and which has got to stop. We were soft enough. If any blame is put on us, it is that we made too many attempts to be concilatory. It has to be put down and is going to be kept down until there is a firm undertaking that this thing will cease.

In regard to gang warefare, which a Deputy mentioned, we have no report about the incident which he referred to. I am having the whole question examined by the Commissioner and the inspector in charge in Dublin.

The Minister may recall my suggestion last year and this year in connection with a capital sum for a Gárda on retirement.

Mr. Boland

The position in the Civil Service is that, on retirement, a civil servant gets a year's salary, but gets only half his salary. When he got two-thirds of his pension he got no capital sum. A Gárda gets two-thirds and therefore his pension is two-thirds. I do not see any possibility of getting the Minister for Finance to agree to give better pension terms for the Guards than have been given. Of course, if they are prepared to take the half-salary, it might be considered.

There was one matter I overlooked when I was speaking—the question of women police. Will the Minister say how many women police are employed, what their duties are, if they are satisfactorily performed and if there is any necessity for an increase in the number or the duties?

Mr. Boland

There are only four actually employed and they are mostly, I believe, dealing with shop-lifting offences. I see no need to increase the number and I do not think there is any case for it. I have been asked about it by a lady in Cork on behalf of some society down there, and I was asked only last Saturday by a deputation from Dublin. I will have the matter examined, but at present I am not inclined to increase the number.

Someone asked about probation officers. The question was raised several times in regard to places like Cork and Dundalk. The St. Vincent de Paul Society or some such society can apply to be recognised and, if recognised, gets a grant to enable it to employ people to act as probation officers for them. That system has worked very well.

The Minister will give us the result of his inquiry into the question of women police?

Mr. Boland

I will.

Quite apart from anything discussed on the Estimate—I am making no reference back to any matter which arose on the Estimate— I would ask the Minister if he does not agree that the principle of appointing temporary district justices is unsound.

Mr. Boland

I do.

Would it not be much better to appoint permanent district justices for the ordinary tenure? There is a danger, if there are temporary justices on the bench—some of them are perfect and some are imperfect—of the impression spreading abroad amongst temporary justices that, if they do not work in the way the Minister likes, they may not be continued. That would leave the way open to the worst kind of abuse in the judiciary. I would be glad if the Minister would say that his object is to appoint on ordinary terms of tenure three, four or five permanent district justices, whom he would use for sending round on holiday or sick duty, rather than be perennially appointing temporary ones.

Mr. Boland

I do agree, and I said so in answer to Deputy Costello some time ago, that it is most undesirable to have temporary district justices or temporary Circuit Court judges. Unfortunately, the difficulty is that at the moment we have the maximum number permitted by law, and it would need an amendment of the law to enable us to appoint more. If it were thought that this increase in crime would continue, I certainly would agree to ask the Dáil to give the Government power to appoint more; but we are hoping it will not be necessary. Naturally, I cannot do anything I want in these matters. We have to convince the Government and the Minister for Finance that this is necessary.

If the thing went on for another year, would the Minister agree to do something?

Mr. Boland

If it goes on, I agree that that would be desirable.

The Minister has met that point very well, both in reply to Deputy Dillon and to the point I raised. There is one other matter, if I might be allowed to mention it, arising out of that—the question of district justices who are permanent being left there all their lives.

Mr. Boland

I am taking steps to settle that matter. That is an anomaly which should not be there.

Motion, by leave, withdrawn.
Vote put and agreed to.
Top
Share