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Dáil Éireann debate -
Wednesday, 29 Mar 1950

Vol. 120 No. 2

Ceisteanna—Questions. Oral Answers. - Garda Reports.

asked the Minister for Justice if he will consider the desirability of taking such steps as are necessary to put an end to the practice whereby circuit judges presiding at sittings of the Circuit Criminal Court are supplied with reports by the Garda authorities wherein the names and records of persons charged, together with the opinion of the Garda authorities concerning them, are set out.

I have arranged that this practice will be discontinued.

May I point out that, to all those who believe that citizens are equal before the law and who desire the fair and equitable administration of justice in the open courts, the Minister's decision will be applauded?

asked the Minister for Justice whether, in view of the fact that a Deputy produced at question time on March 23rd what he stated to be a confidential police report, which had been supplied to a Circuit Court judge, and which he indicated he was making available to the Minister, he will now set up an official inquiry to discover how this confidential document came into the Deputy's possession.

If the document in question is put in my possession I shall consider what action, if any, I should take in the matter.

I would ask the Minister if he has any doubts that this document is missing? Is it not a fact that the document was given to a judge and that what purported to be that document was produced by a Deputy here in this House? If that is so, either of two things happened—(1) the judge gave it to an unauthorised person, in which case he is no longer fit to be a judge, or (2) it was stolen. I think it is the Minister's bounden duty to pursue this matter without having to be pressed by anyone to do so.

If an unauthorised document comes into the possession of any Deputy in this House, I think there is a responsibility on the Deputy to hand it over and to explain the circumstances under which he got it. Such a document has not been handed to me. Although Deputy Boland says that a document was waved in this House, I did not see it. I am not aware of the circumstances.

This is a very serious matter. Is there not an obligation on the Minister himself to make inquiries of the judge as to whether or not that document is still in his possession, and whether it is possible that the Deputy who produced a document in this House last week—alleging that it was this document in question, that is, a confidential police report—was correct in his statement? Surely it is the Minister's duty to find out whether that is so or not?

You are not Minister for Justice now.

Keep quiet. This is a very serious matter. We have just heard Deputy Lehane speak in regard to the administration of justice.

The Deputy does not like the results.

If a document was handed to a judge, surely the Minister should find out whether he still has it or not? If the judge has not still got it, surely the Minister should inquire into the circumstances in which it disappeared out of his possession and came into the possession of a Deputy?

The Deputy would prefer Star Chambers.

The Minister is doing his duty in the matter.

Has the Minister no further reply to make? I propose to raise this matter on the adjournment because I think it is very serious indeed, and I am entirely dissatisfied with the reply which I have got.

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