I am not very much concerned with the issues which are involved in the cases which are at present before the courts but this House is now being asked to pass a Bill which is unique in character. Not merely does it possess that distinction, but it is a most unusual approach to a problem which seems to be one not for this House at all but for the courts which were established to deal with issues of this kind. Frankly, I am of opinion that it is a most unfair Bill. I think it is more the product of haste and bad temper than the product of statesmanship. Here we have a situation, according to the Taoiseach, in which an action was instituted against the Attorney-General in 1942. There was then a good deal of soft-pedalling until 1945. In 1945 it looked as if the court machinery was beginning to move. The Taoiseach complained that between 1942 and 1945 nothing was done in the matter of moving the legal machinery. That annoyed him in respect of that period, and when we come to 1945, he got annoyed because the machinery was then going to move and because he said there would be interminable actions and motions before the courts.
Having got a close association with this whole business—probably the kind of association that is too close to escape being one of the important witnesses in the case—the Taoiseach felt that the best way to get over all these difficulties—both the slow-motion legal process and the quick-motion legal process—was to say that he was afraid of too much litigation which would fritter away these moneys. The plea that this is a desire to avoid frittering away money leaves me cold, and I am sure it leaves most members of the House cold. If the plaintiffs have any case—I do not know whether they have or not, and I do not care—they should be entitled to go to court and make their case. If, well and good, they win the case, then they should get all that follows from that win. If they lose their case, they should be made to pay the costs involved in bringing a case that had no substance whatever, but here is a case actually before the courts in respect of these funds and the Taoiseach's Government is involved inasmuch as the writ is served against the Attorney-General. Not liking to see this money frittered away the Taoiseach steps in and says that the plaintiffs should be stopped in the courts and that judgment should be given for the Attorney-General instead of giving the courts an opportunity to try the issue, which was just the purpose for which we set up the courts and gave them a unique independence.
The Taoiseach is worried that these moneys are being frittered away. Recently, we have had a racket between a Parliamentary Secretary and a political supporter of his, and nobody can complain that this House did not fritter away money in the way in which it paid the costs of these two people. Because these people decided to have their case dealt with by means of a special tribunal, the country gets the privilege of frittering away some thousands of pounds in paying the legal expenses of these two gentlemen. Within a month of our voting these people their legal costs, the Taoiseach comes here and expects people to get worried about the frittering away of money through legal processes.
Every citizen in this country has a right to go to the courts if he feels he has a grievance. He has a right to expect the court to hear the case and determine the merits. As I say, I am not concerned with the issues involved in this case, but I am concerned with preserving the right of an individual or an organisation to go into open court and say: "Here is my case and here are my arguments in support of it. Let an independent body of people try the issues involved and pass judgment on the merits." I am opposed to this Bill because it is nothing short of tyranny in a Cabinet or a Government, whatever its political complexion, being given the right to decide by a Parliamentary majority when a case is a good case and when a case is a bad case. That is not the function of a Government or a Cabinet. When a Government gets to the stage that it usurps the powers which properly belong to the courts, that Government is degenerating into a tyranny.
The Taoiseach has made a very bad blunder in attempting to impose upon Parliament the obligation to decide this issue. This issue is clearly one which ought not to be decided by Parliament. This Parliament consists of politicians, of members of various political Parties. A political Party has taken its case to the court—a political Party different from the other political Parties here. Why should we, as members of political Parties, try the merits of this dispute? If there is any body in the world which is not equipped to try the issues in this matter, it is this House because, as members of various Parties, we naturally tend to have different and varied interests. But instead of allowing courts, skilled in weighing evidence and renowned for their impartiality, to decide an issue of this kind, the Taoiseach says: "No; impartial courts are no use. They are not satisfactory in cases of this kind. They fritter away money. Instead, we will bring it into the highly contentious chamber of a politically-elected Parliament and ask that Parliament to decide whether in fact these disputed moneys belong to any political organisation or not."
I have never accused the Taoiseach of any want of astuteness—my main complaint against him is that he has a superabundance of it—but, on an occasion like this, the Taoiseach has made a political move on which I do not think he can congratulate himself. I have no interest in the Sinn Féin organisation at all and I have no interest in some of their actions or their approach to problems; but I think they are entitled to a fair deal. That organisation and everybody else who keeps the law is entitled to expect that the law courts of the country will pronounce judgment independently on the merits of any claim which they bring to the courts.
The Taoiseach says that the money may be frittered away. Next week, the Taoiseach may tell the teachers' organisation that financing a strike is frittering money away, too, and therefore want to protect the funds of the organisation from being frittered away by passing a Bill, with the assistance of a Parliamentary majority, preventing the organisation from doing what it has as much legal right to do as the Sinn Féin organisation has, namely, to act in accordance with the law and to expect that the law as it exists will be administered and will not be amended to suit the manipulations of anybody who wants, for the time being, to alter the law. The employees of the Electricity Supply Board, or railwaymen, engaged in an industrial dispute, may be told that the Government does not like the industrial dispute, that it does not like the strike, that it considers it undesirable to have a strike, and that, if the strike is undesirable they are frittering money away in financing it and therefore will ask the Legislature here to pass a Bill preventing the trade union from doing what it has a legal right to do, namely, to finance a lawful strike, by telling the organisation which goes to the courts: "You can go there all right, but we will prevent the court from hearing your case." That is what we are doing under this Bill.
The worst feature of the Bill is the way in which it is proposed to spend this money. The approach could probably not be worse in a country such as this. As Deputy McGilligan pointed out, in 1947, 26 years after the last date on which persons could have sustained the losses referred to by the Taoiseach as entitling him to make an application for assistance under the Bill, we may still have people in need, people who claim that, notwithstanding the losses they suffered and the hardships they endured then, the 26 following years have not sufficed to redeem them economically from the plight which was then visited upon them. If we owe a debt to these people, if anybody, because of serving the national interest, because of his participation in the fight for freedom, suffered any loss, is not the honest and obvious thing to do to ascertain the number of people affected and to assess their claims for compensation in whatever realm we propose to compensate them and, having ascertained the extent of their need and the extent of their losses, come to the House and say that these people lost in the national struggle and ask the Legislature to pass a Bill designed to compensate them in any way in which we think compensation necessary or desirable?
Is there any difficulty in doing that? Is not that the obvious and manly way of doing it? Is it not the honest way? Instead, what is offered to these people? They are being told now: "The State will give you nothing; the State can give you nothing. The Legislature is too lazy to pass a Bill to set up a separate fund from which you can be compensated. Instead, the Legislature will get its hands on the funds of the Sinn Féin organisation and set up a trust fund and you can then appeal, with your national background and national record, for financial assistance from these moneys which will be taken from the control of the courts and from any right by the Sinn Féin organisation to their possession." I do not know any better way of insulting the possible applicants for financial assistance than to say to them: "Notwithstanding all our foreign investments, notwithstanding the fact that the national income has gone up in the past seven years from £150,000,000 to £250,000,000, we still have nothing for you. You will get nothing, no matter how needy you are. We will pass no Bill for you and create no fund for you, but we will confiscate these funds at present in the possession of the courts and create a fund and let you get what you can out of it." At most, it is capable of giving 240 people £100 each and that is the end of it.
It is, of course, the end of something more. It is the end of any fair conception of the right of a citizen to have his case tried by the courts, and that is what I am concerned with. It seems to me to be an especially undesirable course for the Government to embark upon. If, after conferences with affected bodies, you cannot get them to do what you want, and if, in the long run, they go to the courts and that displeases you, you short-circuit them by coming to the Legislature and getting a Bill passed to deprive people of what is a constitutional right. It would not surprise me if these folk could get the Supreme Court to declare the unconstitutionality of this Bill, and I hope the Supreme Court will do so if it is tested in that way, because the sooner the Government realises that they ought not to be able to ride rough-shod over the constitutional rights of citizens merely because they do not like the citizens or the actions on which they embark, the better for constitutional government in this country.
I am completely unimpressed by the Taoiseach's case in favour of this Bill. I see no reason in the world why the Government should intervene in a matter of this kind. Let the courts decide who owns the £24,000. When the first 240 have got £100 each, that is the end of it. I cannot understand why the Government insists on obtruding itself into the issue before the courts. I am not impressed by the proposal to establish a trust fund endowed with this relatively insignificant sum of money to try to satisfy the demands that would be made on it by the many people who might qualify as eligible applicants for relief from the trust fund. The Government might have let the courts decide the whole issue. If the Taoiseach had come in with a Bill to say to the courts: "You will have to decide the issue in the next 12 months or we will find some machinery to decide it," I could understand that approach, to make the courts decide and to make those concerned have the issue decided, but to say to the courts specially created for determining such issues: "We will not let you decide it," seems to be a complete reversal of our normal legal process.
I have no interest in the Sinn Féin organisation whatever, no interest in its policy, no interest in its methods. I do not think they make sense in 1947, but I am interested in seeing that every citizen and every organisation gets a fair hunt before the courts and that the machinery of the courts and the machinery of the Constitution will not be doctored for the purpose of preventing a litigant, whether it be an individual or an organisation, getting what he thinks are his rights under the law and under the Constitution. This Bill leaves me cold. I do not think it is the product of anything but haste and bad temper and it is because I believe it is the product of haste and bad temper and not of statesmanship that I do not propose to vote for it.