asked the Minister for Justice if he is aware that on 8th August, 1951, Mr. James J. Guinan, Ferbane, County Offaly, applied to the Gardaí authorities for renewal of a licence to drive a small public service vehicle, which was granted on 28th August, 1951, after a delay of 20 days, and that in the meantime Mr. Guinan was prosecuted on eight occasions and fined £1 on each charge in the local District Court; and, if so, if he will have this fine cancelled in view of the unreasonable attitude of the Gardaí in prosecuting and of the delay in renewing the licence, and further, if the public will be protected against prosecutions by the Gardaí in cases where the Gardaí delay in issuing licences as in the case of Mr. Guinan.
Ceisteanna—Questions. Oral Answers. - Motor Licence Prosecution.
The Garda Síochána state that the application was dated 9th August, that it was received by them on 13th August, and that the licence was issued on 28th August. They report also that the person referred to was convicted on ten charges of driving without a licence on various dates before the date of the application for a licence and on three charges of driving without a licence between the date of his application and the date of the issue of the licence.
I have received a petition for reduction of the fines and I shall give it due consideration.
Does the Minister not consider that it is most extraordinary that all these prosecutions were brought about by the sergeant of the Garda in the area? Does he not consider that there must have been some miscarriage of justice when that sergeant can summon a citizen on every possible occasion on which he gets a chance? One person got a summons eight times in ten days. Does the Minister not consider that most extraordinary?
I do not think this is the place to discuss the activities of the Gardaí in the way the Deputy would like. As I pointed out, this matter of discipline in the Garda is a matter for the Commisioner and I think we ought to leave it to the Commissioner.
If I were to take up the Deputy's attitude in this matter, I could say quite a lot, but I content myself with saying that this man was driving a public service vehicle even before his application was received.
He drove it illegally and was prosecuted and then he did not wait for the application to be granted but continued to drive and he was prosecuted also for driving before he got the licence.
Surely the Minister must be aware that this man was convicted in the District Court, that he appealed to the Circuit Court and the cases were dismissed in the Circuit Court because proper evidence was submitted to the Circuit Court judge and the District Court was a failure on that occasion?
I am in favour of supporting the Gardaí in the discharge of their duty.