Skip to main content
Normal View

Dáil Éireann debate -
Wednesday, 16 Apr 1958

Vol. 167 No. 2

Committee on Finance. - Vote 27—Office of the Minister for Justice (Resumed).

Debate resumed on the following motion:—
That a sum not exceeding £65,040 be granted to complete the sum necessary to defray the Charge which will come in course of payment during the year ending on the 31st day of March, 1959, for the Salaries and Expenses of the Office of the Minister for Justice, including certain other Services administered by that Office.—(Minister for Justice.)

Two years ago I had to draw the attention of the House to the menace of "Teddy-boys" in the City and County of Dublin. I am glad to congratulate the Minister, the Commissioner and the Garda for eliminating that menace, which had been the cause of so much annoyance to everybody. But at the same time I must appeal to the Minister again to have the Garda in the City of Dublin supplemented by more plain clothes men. Over the last few years we have had several instances of youths going around with knives and razor blades. The Department and the Garda should take a firm hand in those cases. Many innocent people have been badly injured by these blackguards who go around abusing people and bringing disgrace on the city and county. There is only one way of dealing with it: put the Guards into plain clothes.

Another burning question in County Dublin, to which a number of speakers have referred already, is the question of itinerants. They have been giving a great deal of trouble around newly built up areas. Their horses go into gardens on these new estates and cause an immense amount of trouble. It has been happening from Santry right around to Finglas and Ballyfermot. An immense amount of harm has been done to gardens by these horses being allowed to roam at will. We have sentimental people who will say that these itinerants are the knights of the road. I do not mind if they are the knights of all the roads in Ireland, they have no right to allow horses roam into a garden and destroy it. People who have kept their gardens nicely find when they go out in the morning that there are two or three hungry horses eating all they can. No later than two days ago I had another report from the Walkinstown area.

The House will have to consider what is to be done with these itinerants. While the Garda on any occasion I had to go to them always carried out their duty and moved them on and while the corporation have done the same, yet they seem to have multiplied over the years. From the humanitarian point of view it is terrible to see these unfortunate animals trying to get some food.

What would the Deputy do with these people?

I feel that the time has come when the House must seriously consider legislation to put them off the roads.

Where would the Deputy put them?

If you cannot make citizens of them, put them into homes. It would be better than have them going around rearing their children without education and giving them no chances. You may not succeed in one generation but you might succeed with the second generation. I knew a doctor doing a post-graduate course in Dublin who told me his grandfather was a cannibal.

I should not like to have him cut me up.

The tinkers are not that far removed. I do not expect the Minister can work miracles but I am forced to make this public protest on this very important question.

Driving through the country and looking at some of the Garda stations, I find some of them are kept very well but some of the older ones are not so well kept. We are trying to attract tourists to our country and I believe our Garda stations could be made more presentable. While the Board of Works are responsible for looking after them, I believe a new approach in that regard could be brought about.

Another type of building which always looks as if it is condemned is the old court house. The very approach to these buildings puts you back into the dark ages. They are uninviting and do not contribute very much to the scenic beauty of any town.

I want to compliment the Minister. Since he has taken over as Minister for Justice he has fulfilled the obligations of his office with dignity. He is a very worthy person to fill the position. I hope the people will co-operate with the Department in trying to maintain the dignity of our country. If this country is to survive and to develop, every man in it must appreciate his duties as a citizen. When I say that, I mean that he must support the Minister in charge of the Department. If that co-operation is not forthcoming, the dignity of our democratic institution cannot be maintained. It can be maintained only if the people realise that they have a treasure which they should protect. The moment disrespect is shown for that institution the freedom that a number of our fellow countrymen have gone to premature graves to secure will go by the board.

A section who want to put over a policy on the country have the democratic right to convince the people of the rights of that policy. If the people as a whole support them, they have majority rule and the democratic institution is preserved. But if there is a junta that decide that they have cures for all ills and take it upon themselves to say that if they were in control of the country they would do things properly, they have the democratic right to go before the people and to say that their policy is the best policy, politically and economically, but it is only when they get a mandate from the people that they have a right to put that policy into operation.

If this country is to survive as a democratic nation those who are paid to keep law and order must get assistance from every citizen. I say these things in all sincerity. We cannot have it both ways. Whether we like it or not, this Parliament must protect itself against any junta. That can be done only by supporting the elected Government. If I were on the opposite side of the House I would express the same view. This is a very serious matter for every one of us and for the people. This part of Ireland has had freedom only since 1922. There has been turmoil over long periods. We are gradually trying to achieve the object that all honest representatives desire, that is, to bring about the freedom of our whole country politically and economically. The stand we have taken in that regard is gradually being realised both internationally and nationally. Everyone in this House stands four square behind the Minister for Justice in the difficult task he has to do. A Minister for Justice who does his duty cannot be popular. We are here to see that that job shall be done and that the Minister shall get all possible encouragement.

In trying to put down any kind of blackguardism the Commissioner and the Gardaí should get all possible encouragement. The blackguardly junta to which I am referring are pulling down the fair name of our nation.

There has been one decision of the Minister during the past 12 months with which, unfortunately, I could not agree. It may be recalled that application was made by the Cork County Council for possession of what they believed and still believe should be their rightful property, the old prison in Cork. Unfortunately, the Minister decided otherwise and that property, which would have been of much value to the Cork County Council and, incidentally, to the rate-payers, instead of being returned to the Cork County Council has been disposed of otherwise. There is no use crying over spilt milk but I do wish to express my disagreement with the Minister's decision in that matter.

On this occasion, as in previous discussions of the Estimate for the Department of Justice, reference has been made to the numerical strength of the Garda. That is a matter of importance and in considering the position in relation to juvenile delinquency and other matters there must be close examination of the question as to whether or not the Garda force is undermanned.

In relation to the strength of the force, I should like to draw particular attention to the number of men who are employed on what could be termed clerical work in the various stations. I am not saying that they have not work to do there but I would suggest to the Minister the possibility of transferring many men from the position of clerks in offices to outside duty. Should it be found necessary to provide clerks in these stations, there are young boys and girls leaving school every year having the necessary qualifications for that kind of work. There may be work of a secret nature to be done but I am convinced that there is a great deal of routine work done in the stations and that there is a fairly large proportion of men employed at that type of work who could be used to greater advantage outside. I would ask the Minister to examine the feasibility of making some arrangement to obviate that position. There is also the question of the barracks throughout the country. The Gardaí in these barracks are in all cases doing their work but we often wonder if there is a shortage—and I believe there is—in Dublin and Cork cities, and perhaps in Limerick and other cities also. Would it not be possible to transfer men from many of the country barracks, seeing that law and order is so well established in most country areas and seeing that so many people here and outside believe it is possible to do so? They feel that it would be possible to have fewer Gardaí in the rural areas and transfer them to the cities and towns or to seaside places where we know the conduct of many so called visitors in the summer is such that it is almost impossible for the few Gardaí stationed in such places to deal with it.

My third point is in connection with the supply of motor-cycles to the Garda, an innovation which I feel has proved highly successful so far as the men who have got the machines are concerned. I understood that the force would be pretty generally supplied with motor-cycles and I remember once while coming here seeing seven or eight members of the force heading south on their motor-cycles. I have often since wondered where did they go because as far as I am aware we can only find one motor-cycle used by the Garda in the whole of County Cork. Again, the cycles supplied are of the light type which is not suitable for such work and we should remember that if we use Garda vans or cars with the name displayed prominently on top it gives warning to people such as those Deputy Burke spoke about, people with horses, and to the "Teddyboy" type. If the Minister concentrated on improving conditions in all areas by the adequate provision of motor-cycles better results would be achieved than are possible at present.

Many Deputies have already spoken about some of the minor offences. If members of the force, in Dublin, Cork or elsewhere were given freedom to act as they thought fit, I think the Minister would not have to worry about getting the money to increase their pay. Daily and yearly in Cork and I am sure in Dublin and elsewhere, offences are committed by motor cyclists, lorry drivers and motorists who ignore every rule of the road and at the same time ignore the rights of the rest of the community and their own responsibilities. If, in other countries police are empowered to fine such offenders on the spot, could it not be done here?

Deputy McGilligan drew attention to many of the trivial cases taking up the time of courts but I am convinced that the Garda could be relied on, if given the right to act in many of these cases, to deal with them on the spot and they would not misuse their powers. If such offenders were dealt with by direct fine and if necessary by endorsement, I hope the time would come when these people would at least play fair with the rest of the community. I believe a large percentage of the offences committed by motorists show a complete lack of manners and I think the only way to treat them is to fine them heavily and regularly.

As regards children who seem to be so frequently before courts, we must admit we cannot say we have a downward trend in relation to juvenile crime. While nobody would wish for publicity in the case of children whose future may be affected by some wild, childish prank, it is essential that the responsibility of the parents should be so emphasised that they cannot evade it. Many parents are helped in their evasion by the fact that while the child may be before the court and may be reprimanded, no publicity is given to the names of the parents of such children. It is deplorable that parents can be brought to court, admit the lack of any form of control over their children and get away with it. It is essential to take some further action as regards the future of the children of such parents.

As others have mentioned, there seems to be a big problem not only in Dublin City but in many other places regarding vandalism and blackguardism by groups of youths who go about destroying property, stealing cars and doing all the damage they can. This trend has appeared in the South-East, outside Cork City and it is a common occurrence for motor cars locked and carefully parked to be stolen. It is, therefore, incumbent not only on the Minister but on everyone else to try to bring such individuals to justice. In doing so we would be doing service not only to the victims of these vandals but to all who are anxious to cooperate.

Finally, I want to refer to something Deputy Burke mentioned. While the Garda force seems to be understaffed in regard to various problems and in dealing with offenders of the type I have described, we find that extra men are drafted off to help in another direction. Money had to be found for that and for the extra equipment needed. Without saying anything derogatory of the present Minister and his office, I have often said, and I repeat, that the younger generation consider it not alone a right but a duty to give credit to the people who played a noble part in the past, but we cannot afford to live in the past, and I do not believe that it is right to let things slide as they are doing.

There is no use whatever in presenting certain forms to any individual to be signed. That is not going to get us anywhere. What is the remedy? I cannot offer a clear remedy. I am not saying that the Government should have one ready to hand, but I do believe that they should not continue to condemn people who cannot be placed in the same category as those who go about the country destroying property. There must be a distinction between the two classes. These men are no better, but they are not any worse, than the men who believed they were right in 1920.

What I am worried about is what we shall do to put an end to the misfortune of having some of our own young people in jail without trial. I know that cannot be an easy problem for the present Minister. It may not be an easy problem for the Government but for the Minister, in particular, it must be very hard. We shall not succeed in solving that problem by holding to the line to which Deputy Burke drew attention. It is fantastic for us to speak of our hopes and desires in regard to democratic government here while we hold these young people in jail without trial. The remedy for that state of affairs must be found by whatever Government is in office here and that remedy will not be a real remedy while trial in the ordinary courts is forbidden to these people.

I would appeal to the Minister again to put before his colleagues the importance of trying to bring this state of affairs to an end. Too many young Corkmen and too many young men from various parts of the Twenty-Six Counties are now in a position in which they have hope neither for the immediate nor the distant future. These are young men who have been a credit to their employers and who believe that they are a credit to the country. We are not striving for true democracy in government if we close our eyes to present conditions.

Why is it that the people are not being made aware of the many difficulties? Many people outside may be led astray by the line of approach of a new Party. Programmes may be put before them which will do nothing but lead them astray. The people will wonder, and rightly so, why it is that nothing seems to be done about the position of the six north-eastern counties. The Minister may tell us that they are doing everything possible. The Taoiseach of the inter-Party Government told us that, but why is it that all this is being done behind closed doors? Why is it that the public, which is so anxious to know the true position, is being kept in the dark? I would suggest to the Minister that this matter must get more serious attention, not only as regards the question of Partition but also as regards the problems in relation to the ending of Partition. There is no use in saying that it will end some day.

This seems to be a matter that would be more relevant to another Estimate.

The Minister must be made to understand, in seeking the provision of this extra money for equipment, that the other side of the question has not been answered. The people must be told what is the end towards which this extra equipment and extra men are being provided. They are not telling the people about that and unfortunately many people do not believe that anything at all is being done.

I should like to discuss, on this Estimate, a few points which arise out of questions I have asked here in the past. The curious thing about the Department of Justice is that it seems to ignore the old axiom: "Let justice be done but let it also appear to be done". I should like to speak in relation to the question of appointments generally under the Department.

Would the Deputy mind speaking up? I cannot hear him. If he wants me to answer him, it is necessary that I should hear him.

The question which seems to me to be anomalous is that in relation to most of the other Government Departments an attempt has been made to establish a system of appointments whereby every citizen of the State would have an equal opportunity to sit for, and be appointed to, any particular job. I think it was the Cumann na nGaedheal Government that set up the Local Appointments Commission. The odd thing seems to me to be that they set up this excellent body for the making of medical, architectural, engineering and other appointments but they did not include under that system appointments by the Department of Justice in relation to the judiciary, in particular, and also in relation to the higher posts in the Garda.

The system of promotion to the higher offices in the Garda is not anything like an ideal system of appointment. I think that, from the beginning, it has been broadly on the old spoils system. This seems to apply to all Governments since the State was formed—that promotion and preferment in the judiciary and the Garda have been a matter of the advancement of the political trustees of the Party in power. I do not think that anybody feels that this is the most efficient system of making appointments. It does not ensure that you will get the most efficient officers you may want for the job.

In relation to the judiciary in particular they should be completely independent and above all political affiliations and associations. I do not believe that a Cabinet composed as it is of the different individuals that form it—they may be professional men, tradesmen, ordinary civilians, whatever they may be—are the best qualified persons to make these appointments. I must confess that I myself felt my own inadequacy when faced with the question of making an appointment in relation to a county registrar, a judge or a justice or the promotion of a superintendent to a higher rank. That is a wrong system of appointment. I thought it was wrong then and I still think it is wrong.

I wonder whether the Minister will give some thought to the altering of this anomalous position? It is an anachronism, a retention of the old system of privilege which we used to have, where all the worth-while jobs went to a powerful minority. All these privileges seem to be reserved to a powerful political minority, the political henchmen of the different Parties. This is most undesirable in many cases because it does lead to a sort of blackmail, the imposition of silence, an insistence on conformity with whatever political Party is in power. In order that the individual may ensure that he will get promotion or preference when the time comes, he learns not to conflict with the opinions of the people who can make the appointments. Consequently this system tends to undermine the proper democratic ideals of a normal society. You tend to get the development of sycophancy and conformity, insistence on orthodoxy, the rejection of heterodox opinions. All these things are very undesirable.

We all agree, I am sure, with the advance from the making of appointments in the old days by the boards of health. Most of them were various forms of nepotism and jobbery and in many cases went as far as outright corruption. I am not saying that this situation obtains to-day in relation to judicial, legal or Garda Síochána appointments. I make no such imputation, but the advance from those days when these appointments were made by the boards of health in a very unfair way was welcomed by everybody. The establishment of the Local Appointments Commission and the Civil Service Commission was a great advance towards the establishment of the right of every citizen to reach to every post by reason of his merit as an individual professional man, whether barrister, lawyer, solicitor, doctor, architect, engineer, or whatever he might happen to be.

I believe that was the fundamental aim and ideal which it was intended to set up 35 years ago and under the system at present operated by the Department of Justice, that ideal is not achieved. It is achieved in most of the other Departments and I cannot for the life of me see why the Department of Justice has not accepted this principle in its appointments. I cannot see that the Government or the Minister has anything to fear if appointments are thrown open to all those who are qualified to enter for a particular post. If a candidate is the best man he will get the job and surely that should be the only objective of the Minister. Public money is involved and it should be spent with a due sense of responsibility. It should not be used as a sort of political treasure chest which can be doled out by the victorious Party after a general election, money and prizes doled out from a sort of unending hospital sweep to the loyal Party adherents over the years. This system gives too much power to a Party and it gives too much power to the hierarchy of the Party and to any individual in a Party who can decide on these things.

This is particularly important in relation to the fact that people are chosen for their political affiliations and their stalwart support over the years. This is injurious at all levels of the judiciary or of the Garda but it is particularly injurious in relation to the District Courts. Most of us, civilians, are prepared to go to the District Court because it is reasonably inexpensive. It has very wide jurisdiction and powers and consequently it deals with a wide variety of cases. Therefore, it is most important that these courts should be presided over by a man who is as competent and as efficient as it is possible to find. Where there is bad interpretation of the law in these District Courts it means that the average citizen is faced with the possibility of appeals to a higher court with the considerable legal expenses which are involved in these cases. Most people tend to be understandably frightened of this and hesitate to avail of the facilities provided. Consequently they are denied their due rights simply because the justice on the bench was appointed, not because he was particularly clever or talented or a particularly good lawyer, but because he happened to have a Party card and a long record or history of Party loyalty.

In the case of these district justices appointments, the people who present themselves for these posts should go before an independent authority, something on the lines of the Local Appointments Commission, composed of persons competent to assess the merits of the candidates. Such a body, independent of political Parties and of the Government in power, should be appointed to examine the credentials of these people and decide on their suitability for the posts. There are very few people who have any illusions about that point at the moment and a more enlightened and more progressive outlook on the part of the Minister in that regard would be welcomed.

In answer to a question recently, I was told that the appointment of a surgeon to the Garda was made as a result of a Cabinet decision. I do not know the person appointed. I do not know his qualifications and I wish to make it quite clear that I am casting no reflection of any kind upon him. He may easily have been the best man for the post. What I am interested in is the principle of appointment. If the desire is to get the best person for a post, why is the post not advertised, all the applicants considered and a decision taken to appoint the person who appears best qualified? Possibly the present incumbent is the best person, but why not make the choice for this responsible and important post from as wide a number of applicants as possible?

These appointees are not paid out of political funds. They are paid out of public moneys and those moneys should be spent with a due sense of conscientious responsibility to all our citizens, who earn this money hard enough. Citizens have equal rights and these people should have equal rights to any positions that may arise. As I say, the present incumbent may easily be the best man. The Cabinet is composed of diversified personalities, all good men in their own way, but not all competent to decide on the medical qualifications of individuals.

The question of promotion in the Garda is causing a considerable amount of disquiet and dissatisfaction. Whether that is justified or not, it is difficult to say. One of the troubles in making an appointment or giving a promotion is that, if there are nine or ten applicants, only one person is satisfied and nine are dissatisfied. At the same time, men who have served 15, 16, 17, 18 or more years should be able to be quite certain in their own minds that they have got a fair run when they go forward for appointment or promotion. I understand there are cases of men with 18 and 19 years' service and absolutely unblemished records who have been passed over in favour of men many years junior to them in service and experience. While it is possible that the appointments and promotions were quite justified, the system of appointment or promotion appears to allow the interpretation that unfair pressure, political favouritism, personal favouritism, bias of one kind or another has been used. The Minister should examine the present system. It would be well worth his while.

One of the significant characteristics in relation to the Local Appointments Commission is that most people appear to be satisfied. Those going before the commission know that everything possible is done to ensure that they will be fairly treated. When I started in the Department of Health, I was prejudiced against the commission, but, having gone into the whole system and seen the meticulous way in which they try to ensure fair play for everybody, I came to the conclusion that the machinery of appointment is as nearly perfect as it is humanly possible to make it. There will, of course, always be disgruntled persons, but, by and large, it is a very efficient and just machine. Furthermore, it has the added attraction that it leaves Ministers free from pressure of any kind in relation to appointments. It is responsible to nobody but the Taoiseach.

I should be glad if the Minister would consider this whole question of making appointments in relation to the judiciary, especially in relation to the District Courts, in relation to promotion in the Garda Síochána to the higher ranks and in relation to the promotion of ordinary Gardaí to the rank of sergeant. The present system has gone on year after year and, for that reason, we tend to accept it uncritically. It appears now to be an accepted part of Government. It is a dangerous system and it is worthy of re-examination now. In making these remarks, I do not want it to be thought that any members of the judiciary are incompetent, inefficient, politically corrupt or amenable to any particular Party. It is a tribute to them that they have such a high reputation for integrity and independence. At the same time, the system is one which is open to abuse and it should be changed.

There is a sum provided here of £40 for executions. This is a matter upon which I should like to touch very briefly. The word is "executions"—a pleasant euphemism for "hangman's expenses". Would the Minister consider the whole question of our attitude to capital punishment again? Taking a life is a terrible thing, but I have never been able to understand how anyone could think that one can balance that appalling crime by an equally terrible crime—the cold-blooded killing inherent in what is known as judicial hanging. The killing of a man for killing another man is an anachronism which civilised society accepts as such. My own personal view is that anybody who is so completely amoral as to kill a man must be out of his mind. We have long since decided that persons suffering from mental disorder should not be punished in this way. A murderer is a sick man.

Can the Minister abolish capital punishment by a mere administrative act? I think it would require legislation to abolish capital, punishment at this stage and the Deputy is, therefore, advocating legislation, which may not be advocated on an Estimate.

At the same time, we have to deal with the question of £40 hangman's expenses.

But not whether capital punishment should or should not be a feature of this State.

Could I ask the Minister that, when bringing in the Estimate next year——

I have given the Deputy fair latitude to express his opinion on capital punishment. I do not think he should proceed along that line.

I would take the view that the man who offers himself as a hangman for £40 is so abnormal as to be a person who should not get that £40, and that we should not vote that £40.

Can the Deputy suggest another heading under which the fee could be apportioned?

Put it into Industry and Commerce, under the E.S.B., for an electric chair.

"A rose by any other name..." It does not make any difference. You could call him a despatch clerk, if you like that.

If the people really understood the implications of granting £40 to pay a hangman's expenses to hang another human being, I doubt if they would be ready to do so, just as I doubt if any of us here would be prepared to hang another human being.

It has been in the Estimate year after year and no one has made any protest about it.

I would suggest it is about time we did. It is the use of the euphemism "executioner's expenses." I should like to be more blunt and say "hangman's expenses," so that we would all know what we are doing. We are providing £40 of money to give to a person who, I think, must be essentially abnormal, for hanging another human being. That helps it to pass through the House year after year practically unnoticed. I do not think I am any more sensitive or humane than anybody else here or anywhere else. I feel if the people knew this, if it were put down more bluntly, they would be very much more shocked at the thought, just as we would all be shocked if our names were to be drawn from a hat and one of us here had to do it. It is a job we would not like to do.

We would not be efficient enough to do it. The man whose fee is set out there would be regarded as a skilled man to carry out painless executions.

I think the phrase is "deficient enough to do it." I recommend that point of view. I think it is being generally accepted that the criminal, the murderer, is a psychopathic. He is a sick man, mentally deranged. What he needs is hospital treatment. Killing is no solution of the problem.

I asked the Minister questions in relation to drunken driving and I should like to know has he given any thought to the matter of the use of blood tests in attempting to assess the degree of intoxication of the individual. As we know at the moment, this question is largely decided on the eloquence of the lawyer defending the person in the District Courts. There are so many objective tests, tests which are essentially objective and difficult of interpretation, that if there is any test which is of a more scientific nature or character, which might give a more precise and accurate assessment of the degree of intoxication of the individual, the Minister might consider looking into it here in order to see that a greater degree of fairness is used in the case of persons arrested on charges of drunken driving.

This brings me to the question—I do not think he has said anything about it—of what the Minister proposes to do about the recommendations in relation to the licensing laws and the use of these bona fide public houses where most of this drunken driving appears to originate. From my own point of view, I am not a bit convinced that public houses should stay open later in the cities than in the rural areas. I have a relatively open mind on this. I should like to ask the Minister if he has come to any decision in relation to the opening of public houses in the rural and urban areas, the agreement to allow public houses in rural areas to open on Sundays as is the case in the cities.

Very little notice appears to be taken by the Minister of the advances that have been made generally in the psychiatric approach to the care of the criminal. The increase in crime which was referred to here by so many Deputies is, I believe, in many cases due to abnormal personality. It has been shown that, in relation to children in particular, a very high percentage of children with abnormal personalities, psychopathic personalities, are children who come from broken homes or homes in which there are divorces, quarrelling parents or an unsettled environment. The main point is that in these cases referred to, the "Teddy-boys" and young hooligans, many of them are persons who behaved in this way through no fault of their own.

I do not agree with Deputy Desmond that in the children's courts more publicity should be given to the children than is at present given to them. The general approach to the treatment of children in the courts is one of the very enlightening aspects of the whole judicial system in the country.

The Minister's opening statement that the borstal is a corrective and not a punitive establishment is a very hopeful consideration and is an advance in relation to the whole question of crime and the treatment of crime. I do not know why, however, we should stop at the use of the corrective in relation to crimes in the borstal institutions. Why is there not a greater use of psycho-analysis and psychiatric treatment in relation to the treatment of adult criminals in our prisons? At present it appears our prisons are places to which people are sent for a stated period and then released. Little, if any, attempt is made to find out the origin or reasons for the attitude towards society of these people, and, having found that out, to attempt to treat it. When we have that more enlightened approach that the Minister says we have in relation to borstal, that is, that prison shall be a corrective, that criminals shall be treated as sick persons, persons who come from environments over which they had little or no control, then we will establish a penal system of which we can be a little more proud than we are at present.

There are a few matters on which I should like to touch. Reference has been made by many speakers to accidents on the road. It is the duty of the various officers under the Minister to enforce the law as it stands. The Minister is not responsible for the promotion of legislation governing road traffic but he is one of the Ministers consulted by the appropriate Minister, namely, the Minister for Local Government, on traffic legislation which such Minister proposes introducing.

Some two years ago, when I had the privilege of introducing the Estimate for the Department of Local Government, the present Tánaiste, then Deputy Lemass, appealed to me to bring in road traffic legislation as soon as possible and prior to my leaving office I had drafted a Road Traffic Bill. That Bill had been approved by the Government and, in my opinion, there were only two sections in it which could be controversial, namely, a driving test and fines on the spot. It was my intention to introduce such legislation and to incorporate in it fines on the spot and a modified form of driving test. I would appeal to the Minister to approach his colleague and endeavour to have that legislation brought before the House as soon as possible and, if he does not agree with these two sections, delete them from the Bill and let the House debate them by way of amendment. Road traffic legislation, which is very badly needed, is now long overdue.

It is the duty of the Minister to see that the Garda enforce the law as it stands and, unfortunately, that is not happening. Accidents are occurring on the roads day after day, night after night, and no effort is being made to check them. I looked forward to the time when we would have mobile patrols on the roads, when some sort of effort would be made to protect the motorist and pedestrian from the careless and dangerous driver. I understand that in every Garda district in Ireland at the moment there is a mobile patrol. Most Deputies who live in rural Ireland see the duty which is being carried out by these gentlemen and, unfortunately, it is no help whatsoever to an improvement of road traffic. I see, day in and day out, two or three Gardaí sitting in a car outside a barrack or at some crossroads, no effort being made to control traffic, no effort being made to prosecute reckless and careless drivers or defaulters. No later than the other day I saw a Garda patrol car pass out a lorry without a number plate and two cars without tail lights and they made no effort to pull up and have these gentlemen prosecuted.

It should be the duty of the patrol car to drop Guards here and there at strategic points who would hold up motorists, keep a check on them and ensure that they are prosecuted for offences which they may commit. Particularly on what may be described as non-first-class roads, where we find lorry drivers causing obstruction by failing to give the right of traffic to overtaking cars, Gardaí could do a lot by being placed at strategic points to prosecute these men and, again, to ensure that lorries carry rear mirrors. Not only should they ensure that they carry the mirror but that the driver can see through it. There is no use in fixing a mirror unless the driver can see through and see what traffic is approaching from the rear. Sometimes we see these mirrors parallel with the road, very seldom at right angles to it and very, very seldom placed in a proper position. Gardaí in mobile patrol cars could do something there.

We who practise in the local courts and read the local papers realise the fact that a number of road traffic accidents occur after dances in rural Ireland. There is no reason why a patrol car should not visit these dance halls, particularly when traffic is dispersing from them, and ensure that the cars are not overloaded, as is happening in many cases, and ensure further that the cars are taxed and are properly lighted. I have no time for a person who tries to "do" the Exchequer by failing to contribute what is due by him for the use of a vehicle and I can assure the Minister, from personal experience, that at least 5 per cent. of the cars in this country are not taxed for the entire taxable year. The mobile patrol cars could do something to ensure that each citizen who uses the roads will make his proper contribution to the Road Fund.

I am not in favour of a spit and polish force but something could be done at the moment to sharpen up discipline in the Garda force. In the City of Dublin there is at the moment a number of young men doing point duty, some of them excellent officers giving a very good example but some others who are a disgrace to the force by the manner in which they carry out the signals which they give. Sometimes it is very difficult to know whether one is on nodding acquaintance with the Guard or whether he is signalling one on or telling one to stop when he gives a signal. He should give the signal in a very positive manner, not in the haphazard manner which, to my personal knowledge, has caused a number of accidents in the city. I should like to see some standard form of signal given by Gardaí on point duty in the City of Dublin and given in a very positive manner.

As I have said, I am not in favour of spit and polish but I do like to see discipline rigidly enforced and one thing that the Minister should do is to ensure that the side pockets of Garda uniforms are sewn up. There is nothing that looks worse than Gardaí down the country strolling along with their hands in their pockets. If an officer, a clergyman, a Deputy or a peace commissioner is entitled to a salute from the Gardaí, let the Gardaí give it. If the commissioner does not want these men saluted, cut it out of the regulations but, if they are entitled to a salute, let the salute be given. Again, one does not know whether one is on nodding acquaintance or otherwise with these Guards sometimes down the country when one meets them.

May I make an appeal to the Minister on behalf of the Irish language? Some years ago one of his predecessors introduced a scheme whereby Irish-speaking Gardaí were allocated to Gaeltacht areas. Additional pay was given to the men who were placed in these isolated areas. I understand that that pay is still being paid to Gardaí stationed in Gaeltacht areas but, unfortunately, the Irish-speaking Guard is a thing of the past. One of the reasons, in my opinion, is that Kerry Irish-speaking Gardaí were stationed in Donegal, Donegal Irish-speaking Gardaí stationed in Kerry, Mayo Irish speakers, stationed in Kerry and in Donegal, and vice versa, with the result that they were dealing with semi-illiterate people who spoke a language they could neither read nor write. These people spoke in a particular dialect, and they did not understand the dialect spoken by Gardaí imported into the area.

I remember a Circuit Court case in Letterkenny conducted in Irish. The judge was a fluent Irish speaker, a native of Kerry. Prosecuting counsel was a very good Irish speaker from Dublin and the witnesses were from the heart of the Gaeltacht in Donegal. Prosecuting counsel put the same question three times to the witness who did not answer. The judge eventually said to the witness: "You must answer." The witness, then becoming aware that everybody was getting annoyed, looked at me and asked me: "What are they talking about?" It was only then it dawned on everybody that the unfortunate witness did not understand either the fluent prosecuting counsel or the fluent Irish-speaking judge. I do not suggest that we should send all Irish-speaking judges to the Gaeltacht, but we could improve matters by sending Irish-speaking Gardaí from various Gaeltacht counties into their own counties where they will understand, and be able to discuss matters with, the local people.

Certain elements here at the moment do not recognise our courts. Without going into the merits of that attitude we should do something to add a little dignity to these courts. The Minister cannot compel these gentlemen to recognise the courts but it creates a very bad impression on outsiders to find Irish citizens refusing to recognise the courts and to find the courts sitting in buildings which are semi-derelict. That is a matter in which the Minister could use his good offices to ensure that the courts would sit in premises in keeping with the dignity of the law. In one district, I know from experience we had to wait until the hens stopped cackling before we could proceed with the business in a particular courthouse. I shall not name it in case the Leas-Cheann Comhairle and myself, coming from West Donegal, might find ourselves in difficulties with the landlord of the courthouse.

County councils and local authorities, at the behest of the Minister, should ensure that proper courthouses are provided. With modern methods of transport it would be no great hardship if some courts where there are no proper courthouses were abolished and litigants could go to proper courthouses. This would add dignity to the law and would impress outsiders who find it hard to understand our mentality at present owing to circumstances over which the Minister has no control.

I think Deputy Dr. Browne referred to the enforcement of the licensing laws. New legislation is overdue in this matter and while its introduction may not be discussed on the Vote may I be permitted to say that Deputy Corry introduced a private Bill some years ago, and he had my full support for it, to abolish closing on certain days, particularly Saint Patrick's Day? I am sure the Minister knows the story of the man who visited the dog show at Ballsbridge on St. Patrick's Day to get some refreshment and who could not understand "why they brought all those damn dogs to a place like that". Even if this story is not true it is appropriate. It is a disgrace that one must go to a dog show to get necessary refreshments to drown or wet the shamrock on that festival. The unfortunate man in the country has no way out unless the Garda give him "the Nelson eye" and, thank God, they do.

Unless he organises a dog show.

If the Minister considers the report he has received from the commission set up some years ago, despite the fact that he is a city Deputy, I would ask him to remember the rural point of view put forward in the various recommendations he received. Rural Ireland is completely different from the city. Deputy Dr. Browne said he did not like later licensing hours but it must be recognised that in spring and harvest time, when farm labourers may work until 11 o'clock at night, they are anxious to get some light refreshments, probably to quench their thirst with a "pint", and it is too bad if they cannot get it.

All these changes would require legislation.

I appreciate that, but I think the Minister, in the enforcement of the present licensing laws, could perhaps indicate that legislation may be introduced in the future. I believe the Minister will give personal consideration to the various points of view and I shall not delay the House much longer.

I think the mobile patrol could do more to enforce the traffic laws than it does at present and that justices should not be so lenient in cases of road tax evasion. We are all anxious to get the finances of the country straightened out and one of the greatest offences that can be committed is evading contributing to the national coffers the money which this House says should be contributed. The question of dog licences could also be considered because very few people now pay these licences. Vans will detect wireless licence defaulters but there is no proper method of detecting the dogowner who has not paid the licence. If everybody paid his share of income-tax and the other taxes the Minister for Finance could perhaps reduce income-tax and we would be on a straighter road so far as finance is concerned.

I should like to deal with the question of recruitment for the Garda. I have long believed that the retiring age limits, fixed originally 25 or 30 years ago, were fixed at limits which then appeared practicable and desirable. But with the passage of time and the advent of better conditions in regard to peace in the country I feel it should be possible to extend the upper retiring age limit of the force. We know that 95 per cent. of the Garda—and that goes for those of them who retire in the upper ranks especially—are in pretty good physical condition at the time of retirement.

I have made a study of this matter over the past couple of years and have gone to the trouble of getting statistics with regard to the general fitness of members of the force who have retired during that time. I find that, generally, all those people fit into some form of employment or another after retirement. They are able to pursue, for many years afterwards, a normal course of employment. They are able, in fact, to take on duties of an arduous nature which could only be performed, in normal circumstances, by people much younger than themselves. That goes to show that these members of the force could continue to serve satisfactorily for a greater number of years than they have been allowed to serve.

Perhaps their conditions of contract provide that they must retire and that the State has no hold on them after they have reached the age limit. If that is so, I would ask the Minister to consider the revision of the contracts of the recruits now entering the force so that when their time for retirement comes their age limit may be extended. In that way, too, recruits now entering the force will know what their contracts are likely to be. In every other occupation, particularly in business and commercial life, it has been found that people are now as active and efficient at the age of 70 as they were some years ago at the age of 60 or 62. I would be inclined to say that serious consideration should be given to the feasibility of allowing members of the Garda Síochána to serve until they are 65 or 68 years of age and I see no objection to the officers of the force serving up to the age of 70 years.

The work of the general administration of the force has lessened considerably in recent years, due to the co-operation of the people which is now forthcoming in a manner which was not the case 15 or 20 years ago. It is now much easier for the Garda to carry out their duties and I feel that that is a good reason why consideration should now be given to the question of extending the retiring age limit. When a Garda does retire, after having served for 35 or 40 years, he may have reached the age when he is not suitable for any other form of employment. However, most of the Gardaí who do retire seem to be able to get employment. There are complaints in many quarters, particularly from trade unions, that retired Gardaí in receipt of pensions are being considered for jobs at salary rates lower than those which would be normally offered.

The Minister would not be responsible for that.

I am making the point only to indicate that it would be much more practicable to bring about a state of affairs where a member of the force could continue in service until he nears the age at which he could not do any other work. There is the question of liability for State pensions which is increasing every year. In this time of financial stringency, any reduction that could be brought about in that liability is something that the Minister would welcome.

I have very strong views, and I have mentioned them to the Minister on one or two occasions, on the point that the amalgamation of senior officers' posts in the Garda Síochána should be practicable at this stage. We find, on looking through the Estimate, that we now have the same numbers of senior officers that we had at the very commencement. Things have changed a lot for the better in the past 20 years and I would be surprised if some scheme of reorganisation was not possible whereby the number of senior officers could be reduced. I am not suggesting that any of these men should be retired but, when they do retire, amalgamation of their posts should be considered, particularly the post of chief superintendent.

We have found it possible recently to amalgamate the areas covered by our district justices. That is an indication that the general duties imposed on our officers of the law are inclined to lessen rather than to increase. The post of chief superintendent is now largely of an administrative nature and I feel that, with efficient local superintendents, it should be possible to have three counties joined into one division, controlled by one chief superintendent. Local areas, each under a superintendent, could not be interfered with because the district headquarters are units of a very compact area. That type of organisation would be hard to replace at the present time. The people are anxious to retain it because they like to have a local headquarters to which they can go when they have a complaint to make.

A good deal of controversy exists at the moment with regard to the Road Traffic Acts. I should like to deal with a number of items arising from them. The first item is the question of driving tests. I understand that, in this regard, I cannot indicate that I am asking that legislation should be enacted. There is no doubt but that, sooner or later, driving tests will have to be imposed in some form or another. I have some knowledge of this subject as I am in a line of business that has connection with it. We regard our- selves in this country as being exceptional in the low ratio of accidents arising from the use of motor vehicles but it has to be considered that any person who decides to drive a motor car or any other mechanically propelled vehicle has only to obtain an application form from the local taxation authority, complete the form and send it together with £1 fee and he automatically gets a licence to drive that vehicle. There is no doubt that a driving test is most desirable. The sooner something is done in that direction the better.

All the well-disciplined organisations of the State, such as the Army, the Garda Síochána, C.I.E. and other semi-State organisations enforce very rigid driving tests. Even in the F.C.A., our voluntary military organisation, there is a very fine panel of drivers selected after very careful consideration and after a very severe and exacting driving test. I have experience of employing these drivers in other lines of business and they are a very fine example to others. Those limited tests referred to, having proved so successful, should be a very good pointer to the need for a general all round test being imposed on drivers taking out licences. At the present time a driving licence cannot be issued to persons under 17 years of age.

The issue of driving licences is a matter for the Minister for Local Government. The Minister for Justice has no responsibility in that connection.

In regard to offences arising out of the Road Traffic Act, particularly for drunken driving, I have not the latest statistics under that heading just now but from what I can learn from general inquiries into the matter, this offence seems to be on the decline. I sincerely hope that that is so and that in future years there will be a further decline until this very unfortunate crime—I call it a crime; I cannot find any other word for it—is wiped out altogether. That might be too much to expect.

In the early days when this form of crime commenced to show itself the district justices were inclined to take a much more lenient view than they do now. We all know now that the general penalty for any person convicted of driving a motor vehicle whilst under the influence of drink is rather severe. It is a substantial fine and the licence of the convicted person may be suspended for a year or two years. That is something on which we should be very strict. Most people convicted under this heading will always find it possible to make a special case of their own difficulties and, generally speaking, public representatives, especially members of this House, have been rather soft in the past—at least up to the past couple of years; we take a different view now—towards people coming along, making representations and putting all sorts of pressure on the Minister for the purpose of getting him to restore a suspended licence.

I had some requests in that direction in my short time in the House. I got over that very easily. I made a very fixed rule which I would not break under any circumstances, that in respect of any person convicted on a charge of drunken driving I would not even attempt to ask the Minister, even in the most diplomatic form possible, to consider restoring the licence. I think we should all adopt that line of action and I am glad to know that a number of Deputies are taking that line.

Of course, persons convicted will tell you they were not drunk. I am prepared to accept the view of the District Court. The district justices who adjudicate there are men of considerable ability. They know the frality of human nature; I am sure they will weigh very carefully the relevant circumstances of every case and they will not rush hastily into any decision to convict a person of drunkness unless there is abundant evidence that he was drunk or in such a condition that he was not capable of exercising the necessary control over the car. Society has to be protected in many ways and the attitude of the court is one of the most important means by which we can protect people of every walk of life who have to use our roads from drunken drivers. If the present drastic action which has been taken by the courts has shown satisfactory results—and I am happy to see evidence of that from the Minister's Department—that is something on which to congratulate ourselves.

There is one Vote among this justice group to which very little reference has been made. That is the Vote in connection with adoption. This was a very controversial measure before it was introduced some years ago. During its passage through the Dáil it was discussed at great length and again proved very controversial. At all events it was enacted and as a newcomer here I have given it some attention. I am inclined to feel that this is one of the finest pieces of social legislation that has been enacted by the State since its foundation. The work of that board is carried out in an unostentatious manner and except when we get the annual report the vast majority of the people hardly know that it exists at all.

We can all recall the difficulties that existed or that were supposed to exist and the doubts cast as to the wisdom of passing this legislation some years ago. I am glad to say that quite a number of people with whom I have discussed this and who were genuinely in doubt as to the wisdom of the measure at the time, have admitted to me now that the purpose which the Act set out to achieve has been fulfilled in a very satisfactory way. If you study the annual report of the Adoption Board you will find that all the difficulties and doubts expressed at the time now seem to have been overcome.

I understand that the board is administered by a voluntary body, a chairman and a number of members who devote a considerable amount of time to the activities of the board. Meetings in Dublin are very frequent and, in addition, regional meetings are held throughout the country. All the members of the board work hard to achieve the best results. The last report indicated that up to 700 adoption orders were made in the previous year. That number has been maintained again this year. The figure is satisfactory remembering the amount of screening that has to be done and the inquiries that have to be instituted by the personnel of the board before any order can be made. There is one aspect which seems to have been overlooked. Those who are selected as parents for these children get a very large measure of satisfaction but, what is more important, is the fact that the child is now fortunate in getting a good home and devoted parents. It is a pity that this piece of legislation did not appear on our Statute Book much earlier. However, the old saying "Better late than never" holds true here. I should like to take this opportunity to congratulate the board and to commend them on the excellent work they are doing in co-operation with the voluntary adoption societies.

Reference was made by previous speakers, notably Deputy Dr. Browne, to the system of making judicial appointments. I have some views on that though they are not, perhaps, as advanced as those of Deputy Dr. Browne. It is the method of appointment about which we are worried. The reason we are worried is that young people nowadays have more detached views and are inclined to question the correctness of a system which has grown up over the years, and the more so as it was in operation in the old British days. Judicial appointments then were made by the Lord Lieutenant. Men with no legal qualifications were often put forward merely because they had served in the Army or in one of the other British services. Fortunately, that is not our system. Under our system only qualified and competent persons are selected. The Government makes a recommendation to the President.

I fear any change would require legislation and the Deputy may not advocate legislation on an Estimate.

The previous speaker made the point that the method of appointment should be changed and he suggested some form of selection board.

What kind of board?

I do not accept the view that these appointments should be handed over to the Local Appointments Commission. Appointments of this kind can best be made by the Government. But a Government is very often placed in an awkward position and I suggest, therefore, that there should be some kind of judicial committee to screen candidates and submit from time to time a panel of suitable people. In practice, the present system has worked out quite well. The men selected have been well up to standard. They have administered justice without fear or favour and done exactly the job they were put there to do. It is because people feel that appointments are made on the grounds of political services rendered rather than ability that there is any desire for change to an Appointments Commission. These positions are different from those of county engineer and county secretary, or any of the other local government positions which can be dealt with adequately by the Local Appointments Commission. I agree with the previous speaker that the Local Appointments Commission is as near being perfect as it is humanly possible to make it. It is a body of which we should be very proud.

I want now to deal with the question of Summer Time. Public opinion generally is in favour of an extension of the Summer Time period. During the emergency we had double Summer Time for a year and nobody was any the worse for it. If anything, they were the better for it. Unfortunately, in this country—for what reason, I do not know—we are inclined to start work late in the morning; we start late and we work late into the evening. That deprives the ordinary worker of the sunshine so essential to the maintenance of good health. One way in which to get over that would be to start Summer Time on the 17th March and continue it into the middle of November. Daylight saving would be considerable and many people, particularly urban dwellers and school children, would benefit from a health point of view. In industry, there would be increased output and there is a demand at the moment from all quarters for increased output.

We should follow the pattern set by the American firms. The tendency in those firms is to start work early in the morning and finish early in the evening. One famous American industrialist makes no secret of the fact that the ordinary worker is twice as good before lunch as he is after lunch and, for that reason, he has organised his own industry in such a way that the most substantial part of the output is undertaken in the forenoon and only a negligible part of it in the afternoon. It has worked out in practice in a very important industry in this country.

In the matter of farming operations, except for harvesting, there is a lot to be said for extended Summer Time. Much valuable time is wasted in the early morning and in the evenings we are inclined to work late. Those of us who have to work indoors, of course, would gain a very marked advantage if it were possible to have Summer Time extended whereby the normal stopping time for workers would go back an hour and the period between that and bedtime would be such that the people would be able to go to the seaside or go out under the sun. I understand there is a good deal of opinion in this country in favour of such an extension. If it is not too late for the current year, I would ask the Minister to take it into consideration.

I should like to deal very briefly with the prison service here. It appears from newspaper reports that the staffs attached to our prisons are not altogether happy. This is not to be wondered at. For some reason or other the prison service here is a sort of unknown body and for years we have not worried very much about it being a contented organisation or otherwise.

I said already that society depends on many things to protect it, but one of the integral parts of that protection is the operation of a proper prison service. Our prison service has adjusted itself a good deal to modern requirements. I am very glad to be able to congratulate the Minister and his predecessor on moving with the times in that connection. In the old days people were put into prisons to be punished and to be punished so severely that the attitude seemed to be to exterminate them altogether. That has gone now and it is a very good thing. Because of human frailty people will err from time to time. Once there is an opportunity of bringing them to justice and dealing with them, we should be prepared to be as humane as we possibly can.

I feel we are asking very much of the personnel attached to these prisons, from the governor down to the small men. They work in very uncongenial surroundings and they work very long hours. I noticed recently a newspaper report of some staff organisation meeting where a good deal of complaint was made in regard to rates of pay and comparisons were made between the rates of remuneration these people are in receipt of as against those in Northern Ireland.

I have gone to the trouble of making inquiries and I find out that this is correct. The average week worked by our officials is between 52 and 54 hours and the minimum week here is one of 48 hours without any half-day. In Northern Ireland the opposite number to the man in this part of the State works a 42 hour week minimum. However, he has an option to work an extra six hours for which he gets a very high rate of remuneration. He has a further option to work another six hours for which he is paid more again. The basic wage of an ordinary prison officer here—I take it he would be an established warder—for a 48 hour week would be around £8, and for the same 48 hour period in Northern Ireland the same man can earn £12.

That is something of which I would like the Minister to take notice. The prison staffs here should be treated in no less generous way than the other members of State services. Many years ago, I understand, in the British time the prison officers here were on parity with the then police force. However, in recent years they have "slipped down". The police force at present are above the rate of prison officers.

It is very satisfactory to know that our prisons are now staffed almost entirely by Irishmen. Evidently when the service was taken over from the British it was necessary to take over part of the old staffs also. We have a very loyal co-operative staff. From what I am told by people who have to come into contact with them occasionally, on the whole they are as considerate as can be. Often they have to work seven days a week. There is a certain amount of night work and sometimes when there are rush periods the number of hours they have to be on duty often goes up to 70. Some rest arrangement is made when that takes place, but generally speaking their hours are too long. It should be possible to organise the system in such a manner that we could reduce the average working hours per week of these staffs down to the level of other State officers, particularly those employed in comparable employment. I would ask the Minister to take note of that and perhaps he will be able to do something about it.

There is just one matter to which I should like to bring the Minister's attention. Reference has been made here to juvenile delinquency and a number of suggestions have been made as to how that problem might be dealt with. There are two factors which may have an influence as far as children are concerned. They are films and reading material.

I should like to suggest to the Minister the method of certification of films such as is practised in other countries. This means that a child can attend a film if it is suitably certified but otherwise a child can attend only when accompanied by an adult. That happens in Great Britain where films are so certified. It would be somewhat of a safeguard in this country if more responsibility were put on parents who feel their children should see films of the type more suitable for general viewing.

The other factor is in regard to the censorship of publications. This would embrace books and other reading material considered unsuitable. I do not know whether it is practicable or not, but I should like to ask this question. I know that publications which offend in this respect are listed as such in the official gazette, but in the ordinary way the public are not aware of the existence of such journals. Would it be possible to make the public, and particularly parents, aware of the fact that such publications have offended in this respect? In that way they would be able to guard against the possibility of these publications falling into the hands of young people.

In regard to the general Vote, I believe we could have more co-operation from the people generally with the Garda. We have not any serious crime and people generally are favourable to the Garda, but there still remains the tendency not to co-operate as fully as they might. Our newspapers and everybody in public life might do more to encourage people to co-operate more fully with the authorities who are given the task of enforcing the law.

One matter mentioned in regard to the Garda was their treatment and interrogation of young people. A view was expressed that they sometimes do not act as they ought. From what experience I have had with regard to this matter, I must say the Guards have always been very, very scrupulous in their approach to the questioning of young people. I have never heard of any complaint that they exceeded what would be expected of them in this matter. They are doing an excellent job in that respect.

In the ordinary way, our system of justice is working in a satisfactory manner. If there is not any grave or serious outbreak of crime, there is some crime of the lesser type. We might get over that with more co-operation from the people generally. The officers who have to enforce law and order are to be congratulated on their standard of behaviour.

The only two points that I wished to make were in regard to the question of certification of films suitable for young people and the question as to whether it might be possible to list objectionable books or periodicals so that parents might be aware of the danger.

I view this Estimate with a great sense of disappointment. Every local authority has received circulars from Ministers impressing upon them the need for economy. We were informed some time ago that there would be economies in the Civil Service. In this Estimate we find, not a reduction, but an increase of £150,000. We find that the headquarters staff, with one fewer, is costing £5,000 more. We find that the cost of the Garda Síochána is up by £141,000. I do not think the country is so unruly that it requires such a large amount of money to keep it in order. At present, Ministers should see what they can do with regard to paring down the cost of their Departments. The people are entitled to a good example from the Government in that respect when they are urging other people to save.

My main complaint in regard to the Department is its inactivity. This House, some two years ago, set up a commission, which was generally welcomed in the House and by the public, to inquire into the liquor laws and to make recommendations. These recommendations have been in the hands of the Minister and his Department for a considerable number of months. The Department of Justice, more than any other Department, should realise and have brought home to them the complete contempt that the general public have for the present unjust licensing laws. As a member of that commission, I know that not one single witness urged that the present licensing laws should be continued. Everybody agreed on the urgency of change.

These changes would require legislation.

It is not in order to advocate legislation on Estimates.

I do not think it is out of place for a Deputy to call attention to the fact that the public are paying £80,000 odd to 103 persons on a headquarters staff who have got a document, which cost the taxpayers money, from a commission set up by this House and are gloriously inactive about it.

It is 14 or 15 years since I brought into this House legislation to rectify the licensing laws because at that time I realised that the laws were unjust and in contempt. I had the very enlightening experience of seeing teams of men marching around the Lobbies here to vote against opening the rural public houses and giving justice to the rural people on Sundays and, the following month, marching in the opposite direction to see that the city houses remained open.

A number of years have passed and the licensing laws have not improved so far as the general public are concerned. If one were to mention a licensing law in any rural parish, one would be laughed out of it because even the Garda have come to realise that these laws have gone by the board, that they are unjust and cannot be enforced.

The Deputy may not discuss the revision of these laws on an Estimate. It is not in order.

I am calling the attention of the House on this Estimate to the fact that we are paying some £80,000 to a headquarters team who, several months ago, received the decision of a commission set up by the House on the licensing laws and have not taken any action since. We expect work from those we pay and we expect that reports of commissions set up by the House should be acted upon by the Department concerned. We are paying some few million pounds to the Garda Síochána. They have their regulations and laws to carry out. They know those laws are unjust. Everybody in the country knows that the laws are unjust. One would expect that the first thing that would be done when the report of the commission arrived in the Department of Justice would be immediately to investigate it and to bring in legislation.

The Deputy is now advocating legislation. I pointed out on three occasions that it is not in order, on Estimates, to advocate legislation. The Deputy might pay some attention to the Chair.

All I am doing, Sir, is calling the attention of the House——

The Deputy has done that on three occasions.

——to the fact that we are paying £80,000 for people to do work and they will not do it. I do not intend going further. It is far easier for the gentlemen over there to prepare legislation than it is for me. I do not want the trouble of bringing in another Private Members' Bill, but if I am forced to it, I shall do it.

I wish to say a word about the enforcement of law here and elsewhere. There seems to be a namby-pamby approach to it. People talk about juvenile deliquency and when damage is done or a crime committed there is no punishment. We should forget about the people who approach these matters in an abstract way. If people break the law they should be punished. Cases have been brought to my attention of people being almost beaten to death but the culprits were merely fined and let go. I have seen a Garda's uniform insulted and rolled in the dust and, when the case came to court, the man charged said he did not kick the Guard in the face; he missed him. Very severe penalties should be imposed where Gardaí are assaulted.

Some Deputy said the courts should be careful before finding guilty a man charged with being drunk in charge of a car. My experience is that the courts are very careful and go to great trouble to make sure of the facts. They are prepared to give the benefit of the doubt and I am glad that for some time past both the present Government and the former Government have ensured that where driving licences are suspended or revoked as a result of drunken driving these licences are not restored.

Some incorrigibles do not worry about going to prison; they go as to an hotel. I feel if people break the law they should be made pay for it. When we speak of criminals who should be specially catered for or cases that should be psychologically treated, we are really dealing with a very small minority. We should protect the great majority of ordinary respectable citizens and make it possible for them to come home from theatres or cinemas without being assaulted or black-guarded by unruly elements.

I seldom agree with Deputy Corry, but I would say it is now time that the findings of the commission set up in regard to the licensing laws should be implemented and revised legislation introduced. Closing public houses on St. Patrick's Day is ridiculous and it is worse to say the law closes them. It does not, and thank God there is that much elasticity about it.

In regard to traffic controls, Dublin draws great crowds for big matches at Croke Park or Lansdowne and even when there is a big race meeting at Fairyhouse or elsewhere in the vicinity. There should be more mobile patrols on the road and greater severity should be shown in dealing with motorists travelling to and from these sports fixtures who do not comply with the law. Too often one finds oneself unwittingly involved in a desperate road race. Coming from the South to this House between two and three o'clock when there is racing at the Curragh, one faces traffic coming round bends in bunches. I have often seen six, eight or ten cars bunched together, all dashing to get there for the first race, even though the majority when they arrive go straight to the bar and do not even see the first race or have a bet on it.

I had the misfortune to come upon two or three accidents on these roads. It is a pity these scenes could not be filmed, a pity some people who drive cars recklessly could not see the effects of these accidents, the effects of careless driving. I would advocate more road patrols. Even though Deputy Corry regretted the Department is costing more money, I believe the Garda Síochána is under-staffed. In the average Irish town or city very few Gardaí are on patrol at night and anything may happen. One Deputy suggested a check should be made on people entering cars after late dances and I agree with that. The tale of the man standing at the car door saying: "Help me in; I will be all right when I get in; I can drive then" is not a funny story. It is a fact.

We are now approaching the holiday season and more patrols should be sent out to make the roads safer for the majority. I would ask the Minister, as I asked his predecessor, to ensure that people who had licences suspended or revoked for a serious breach of the traffic laws should not get those licences restored but should suffer the punishment meted out by the courts.

I can well appreciate the feelings of Deputies following my disclosure of the fact that the number of indictable offences has increased by about 12 per cent. My appreciation of Deputies' feelings in that respect was measured by my own sense of disappointment— I might almost say shock—when I first read the Commissioner's interim report on crime during the year 1957. My disappointment was not alleviated in any respect on making a closer examination of what the figures revealed. I found that the figure of 14,322 indictable offences was an increase over the previous year of 1,540.

On examining it still further I found that the figures for 1956 showed an increase of 1,251 over the figures for 1955. These figures, unfortunately, show a continuous tendency to rise over the past three years. As I pointed out in my opening statement, the bulk of these offences occured in the Dublin Metropolitan District where the offences have risen to 8,750 in 1957 from 7,120 in 1956, a rise of 1,630. The figures for 1956 show an increase of 787 over those for 1955.

That is a situation which, in my opinion, calls for considerable thought. I am quite prepared to accept the fact that the Minister for Justice is responsible to this House for the preservation of law and order, but, in accepting that responsibility, I do not want Deputies to sit back in complacency after having made their criticisms in regard to the situation with which we now find ourselves confronted. This situation is the responsibility, not only of every public representative in this country but, in my opinion, is the responsibility of every organised section of the community.

We are confronted here with the situation in which we see crime of a dishonest character developing. Thanks be to God, we are not in the situation which we see in other countries in which life is held cheaply and where that type of crime is very much more in advance of anything we have in this country. However, we cannot feel that we are doing all that is possible to prevent the development of this type of crime unless we, as a people, do something about it. The organised sections of our people can, perhaps, do more through their various societies, than can the mass of the people acting independently.

It is my feeling that I should appeal to all sections of the community to combine in making it much more difficult for this type of crime to be committed than it seems to be at the present moment. I feel that the approach to the effort to bring about a reduction of crime can be started in the home. There can be no doubt that during the child's formative years is the best time to inculcate into them the right line of conduct. That can be continued when the child reaches the age at which it goes to school. When the child does go to school the teacher can co-operate to a very great extent in furthering that effort.

I would like to point out to the House that the Ten Commandments, which are the guiding rule of all Christians, are being openly ignored by the young men who are carrying out these robberies of one kind or another. The Seventh Commandment which tells us: "Thou shalt not steal" and the Tenth Commandment which tells us: "Thou shalt not covet they neighbours' goods", which every generation of our people respected as the rules which guided their life, now seem to be held in complete disregard. It is because of that complete disregard that I am making this appeal now, not only to the ordinary member of the community but also to the clergy of all denominations. I think this is a situation which we must all take note of. We must all co-operate in endeavouring to bring about some alleviation in that situation.

Deputy McGilligan, in the course of his speech, referred to this question of the increase in crime. It is unfortunately true, as I have said, that there has been a very substantial increase in crime, crime which is being committed mainly in Dublin, and in the larger towns, but not to any great extent in rural Ireland. In Dublin alone there have been over 1,000 bicycles stolen. These are being stolen, not from capitalists, but from unfortunate men who use them as a means of transporting themselves to their places of employment. Yet there are some groups here who are organised for the special purpose of stealing bicycles. The Gardaí regard the detection of that particular type of crime as the most difficult of all they are confronted with. I made an appeal, in the course of my opening speech, to the general public to take some action in respect of the protection of their own property. Some Deputies appear to think that such a suggestion should not be made, that it is the duty of the authorities to provide that protection. However, the authorities can only provide that limited type of protection that operates after the detection of a crime. Detection of crime is not a cure for crime. The only cure is its prevention. If, for instance, motorists go around parking their cars in by-ways and leaving, as we very often see, valuable property in their cars and leaving it in such a position that it is easily stolen, then I do not see how the Gardaí can be blamed in respect of the property which has been taken away.

I did also advocate that large business concerns should provide themselves with watchmen during the hours of darkness as a further means of providing protection for the valuable property that is often contained in its premises, property sometimes worth tens of thousands of pounds, and yet it is not regarded as a good economy to provide a watchman who would be always on the premises during those hours of darkness and who would be in a position to raise the alarm in the event of any attempt being made to burgle the premises.

It is desirable that motorists, cyclists, owners of business premises and concerns of that type should do everything possible to make it more difficult for these criminals to take the public's property. If they would do that I think I would be in a position, if I was here next year, to be able to say to the House that the number of indictable crimes had considerably decreased. I do not think I or any other Minister who would occupy this position would be in a position to say that so long as this looseness in regard to their own personal property exists among members of our community.

Deputy McGilligan also asked why there was a drop of 1,000 in the Garda strength. The fall of approximately 1,000 in the strength of the force over the past ten years has been made possible, first, by reduced opening hours for the smaller Garda stations. This was initiated in 1950 and was later extended. At present these stations are open only for a limited time and instead of what was happening heretofore, when an unfortunate Garda was regarded as being on duty for a period of 24 hours, they are now working nearer to the eight-hour day than they have been in the past. That is as it should be. It is true to say, as somebody said in the House, that a Garda is always regarded as being on duty. A Garda naturally will always make himself available if he is suddenly informed in the course of the night that something is happening somewhere; he will go there and do what he can to look into and examine the situation.

Deputy McGilligan also suggested that we should endeavour to simplify court procedure. As a layman I would be prepared to agree with Deputy McGilligan in what he says in regard to the simplification of the complexities of legal procedure as well as to the reduction of costs. All that sounds to me to be pure common sense and if it could be brought about I certainly would be very glad to see it done.

The same Deputy suggested something that has been voiced on a number of occasions—I am not sure whether it was to my predecessor or the predecessor of the Minister for Local Government—the possibility of imposing fines on the spot. It has been suggested that a policeman, especially with respect to motor offences, could, in the simple cases, such as parking offences, traffic offences of one kind or another, deal with the case summarily, that is, on the spot, and say to the culprit: "You are fined 5/-" and there and then give him a receipt for the 5/- and the matter would be ended. As Deputy McGilligan suggested, much of the difficulty and expense that occurs in court would be eliminated. I could, of course, see certain dangers to that. I could see possible dangers of perhaps corruption developing as a result of the adoption of a system whereby on-the-spot fines could be operated. Whether it would be a dangerous thing to adopt or not is something that would require very mature consideration.

The question of the Solicitors' Remuneration General Order, 1957, was also raised by Deputy McGilligan. He was anxious to know why it was dealt with in the Seanad rather than in the Dáil. I think I pointed out since, that the Dáil would not assemble at that time and that we took advantage of the fact that the Seanad was meeting to bring it within what we then believed was the limited period of time within which we could have this case dealt with.

Deputy McGilligan also asked about law reform. I can tell the House that there is no let-up at all on endeavouring to provide for additional law reform. With my very limited experience in the Department, I can see that law reform will be a very slow process and unless it is dealt with by some other means than those which are operating at present, I cannot see that we will be very much further advanced by this time next year. I do know that there are a number of proposals in the Department which are nearing completion but they have to be examined by the Government before they can be submitted to the Dáil.

It did occur to me on a number of occasions when I was looking into this question that a more expeditious manner of dealing with complete law reform would be to establish some kind of semi-permanent salaried board of expert law officers with drafting qualifications, and so on, that could sit more or less semi-permanently examining the types of law that need reform. From that point of view I believe greater expendition will be ensured because Bills would be drafted much more quickly than they are at the moment since they sometimes have to take their place in a long queue in the Draftsman's office.

Deputy McGilligan also was rather worried about the situation which has arisen as a result of the judgement recently given by the Supreme Court in relation to the Solicitors Act, 1954. I met a deputation from the Incorporated Law Society recently and I gave that deputation an assurance that, as far as I was concerned, I would make every possible effort to see that the situation which had arisen as a result of that judgment would be dealt with as quickly and as efficiently as possible. There will have to be some means of dealing with the situation from the point of view of indemnifying the society if any very grave difficulties arise. The matter is under consideration and we hope to reach a decision as quickly as possible.

Deputy McGilligan also asked if I had received any reports from the Court Rule Making Committees. I have not had any reports from them. He also put forward the novel suggestion that recording machines should be provided in the courts instead of keeping to the old system of taking down evidence in longhand. He described his own experience in that connection; he said he practically suffered with the unfortunate writer taking these longhand notes for hours at a time. He suggested that machines should be installed to take such evidence. I suppose such a record could not be disputed since the actual voice of the individual concerned would be played back, but there might be difficulties in relation to interruptions and so forth, which would not be discernible on the record. I do not know how a court would regard that kind of evidence or whether a judge would be prepared to accept it.

Would the Minister consider asking the Chief Justice or the President of the High Court?

Of course, we shall investigate all the suggestions. Deputy McGilligan made that suggestion and I thought it a novel one. I also thought it might be feasible but, on thinking it over, it seemed to me that interruptions would cause a lot of difficulty. For instance, a recording machine here might be a very accurate way of recording a debate but, when we start hurling remarks at one another across the House, I do not know what would happen to the record. The report would be rather jumbled, I should think.

The atmosphere of the Chancery Court is slightly different.

A little more than slightly different.

And, I may add, not so practical.

Deputy McGilligan suggested, too, that court offices should be staffed during the vacation, or over a substantial period of it, to enable payments to be made. That is something with which, of course, the Deputy is very conversant. I do not know very much about it. I did not know that the offices closed during the vacation. Deputy McGilligan seems to think that they do and that it is not quite the thing; we are looking into that and having the position examined.

Deputy Everett mentioned the increase of £140,000 in the Garda Estimate. That is mainly due to the increase in pensions—I mentioned that in my opening statement—and to the provision of cars, necessary replacements, plus 31 additional patrol cars to complete the programme of one car for every district. It is hoped, as a result of the provision made in this Estimate, to have that programme completed this year. If it is, it will be possible to meet the requests made by a number of Deputies to have roads patrolled at peak traffic periods, such as race meetings, football matches and so forth.

Deputy Everett also complained that there were too many officers in Garda headquarters. The headquarters strength was recently examined by a firm of management consultants and certain reductions have already been made in the strength as a result of the consultants' reports. It is expected that further economies will be achieved when the recommendations are fully implemented. Already, as a result of the economies effected, the cost of engaging these efficiency experts has been offset. From that point of view, the position is eminently satisfactory.

Deputy Haughey mentioned the necessity for a new Garda station at East Wall. I can see good reasons for that. There are vast properties in the area, tremendous stores holding valuable goods of one kind or another, goods liable to be pilfered and so on. Because of the increasing congestion as a result of new housing, the Garda authorities, at the request of some of the residents in the area, sent patrol cars to cruise around pretty continuously—I am not sure if the system is still in operation—and there was an immediate and considerable decrease in the activities of those people who were causing disruption.

Deputy Sherwin suggested that the State should provide free legal aid. That is a matter that has been brought up from time to time. The general attitude of various Governments to it has been that free legal aid should not be supplied by the State and that the ordinary taxpayers should not be asked to provide, as they would have to provide, free legal aid.

The Deputy also suggested that the form of "Your Worship" and such formal addresses should be discontinued and that the mere use of the word "sir" should suffice instead. It is the Rule Making Committee that makes the orders governing the mode of address and I can do nothing about it.

The Deputy also suggested that there should be grading of films. That is a very debatable question. A lot of people think along those lines and quite a number of people believe that there should be grading of films, that films should be marked for adults only and those under certain ages should not be admitted. The general tendency as far as the authorities are concerned is that a film not suitable for a child should not be regarded as suitable for an adult. I think we could leave it at that.

The Deputy also spoke with very great feeling about the question of landlords getting what he described as "key money." I am informed that "key money" or premiums on the granting of a tenancy are illegal and may be recovered by the tenant. The Deputy may have been referring to deposits as security for rent. These are not illegal provided they are returnable, less any rent owing, at the end of the tenancy. The Conroy Commission recommended that a ceiling be put on deposits as security for rent. As far as Deputy Sherwin is concerned, he could advise those people who appear to have been complaining to him that anything in the nature of acceptance of key money is illegal and any persons who paid such key money are in a position to recover it if they are prepared to go to law.

In regard to landlords charging excessive prices for furniture, I am informed that a landlord who requires an incoming tenant to pay a grossly excessive price for furniture may be caught by the prohibition on key money but no complaints have been made to the Department in regard to this particular practice. I presume that that applies to landlords who are endeavouring to set flats with some form of furniture in them.

The Deputy also suggested that certain landlords were refusing to accept rent from their tenants and that after a time the tenants found, because of the landlords' refusal to accept rent, the arrears had grown to such an extent that they were unable to pay. They were then in the position that they could be ejected. I would advise Deputy Sherwin to advise his clients that, instead of utilising the money the landlords refused, they should put it into the Post Office or into a bank so that it would be always at hand.

Or even put it into a jug on the dresser.

It would be better if they put it into prize bonds.

Deputy Sherwin also complained that a man who was interned in the Curragh Camp and who lived alone, had his house raided by the Gardaí and searched without a warrant while he was interned. I am informed that that is not the situation at all. What happened was that the house was broken into by some scoundrels who knew that the man was away. They burgled the house in his absence and the man who was holding the key for the man who was interned went to the Gardaí and told them what had happened. The Gardaí accompanied the man to the house, saw what had happened and took whatever precautions they decided necessary. But there was no truth in the statement that the house was raided deliberately by the Gardaí while the man was away.

Deputy Sherwin also suggested that wine licences for the sale of wine in restaurants late at night should be issued. That is a dangerous suggestion. I am told that a number of places in the city are in fact selling wine— probably they have some kind of wine licence—not only during licensing hours but also in the hours after the time they should be doing so. Any addition to that situation would be dangerous and unreasonable.

Deputy Giles complained that there was discrimination in the raiding of licensed premises. I get complaints from time to time in regard to that and I usually go to the trouble of having them investigated. The reports usually show that practically every licensed premises in the particular area referred to has been raided from time to time and that there is no particular discrimination against one licensed premises over another. If the Deputy has any specific complaint I would be glad to get it and have it investigated as I have had the others investigated.

Throughout the debate a number of Deputies put forward the suggestion that a lot of the increase in crime was due to the leniency with which the courts deal with these cases. I have seen myself examples of individuals charged with serious offences where the courts seemed to be satisfied that a suspensory sentence or something of that kind was sufficient. All I can say to the Deputies who raised that question, including Deputy Giles, is that the courts are completely and entirely independent of the Minister for Justice or any other individual and therefore they can deal with these cases in accordance with their own views and beliefs.

Deputy Giles also advocated the release of internees. I do not quite know what he means and whether he suggests that we should open the gates and let them out. There is, as Deputies know, a means by which every internee who wants to leave the precincts of the Curragh Camp can do so. He can give an undertaking that he will observe the laws of the State. In agreeing to take that undertaking, we are taking a certain risk. We are saying "we are prepared to accept your word that you will respect the laws of the State". The internee having given us that undertaking, we are quite prepared to release him. I do not think that we can be expected, or that we should be asked, to go any further than that. In addition to that, if the internee is not satisfied to sign, if he thinks that he is wrongly interned, he can appeal to the Detention Commission and I have no doubt whatever in my mind that the commission will deal with the case absolutely and entirely on its merits. If the man's release should be recommended by the commission, as far as the Government is concerned the man is released and that is the end of it.

The question of itinerants was raised consistently by a number of Deputies. Deputy Dillon has raised that question also on a number of occasions. As a matter of fact, it was following a very strong case which Deputy Dillon made, I think, on last year's Estimate, that I went into this particular question. It seems that as far as the Department of Justice, the Department of Health and the Department of Local Government are concerned, the problem in regard to itinerants is insoluble. For some time I could not see why that should be and I was challenged to suggest a remedy. I accepted the challenge and gave the matter considerable thought. I did think I had found a solution when I produced for the officials of the Department what I thought was an original scheme suggesting that every county should provide a certain acreage on the edge of towns of some importance and that the itinerants would be allowed to park only within the precincts of these enclosed areas. I was told that that was an old remedy, that it had been suggested on a number of occasions, that there was nothing new about it. It was the only solution that I could find after thinking the matter out. Deputy Russell was also very concerned about the situation existing in Limerick. All I can say is what was said to me. If a Deputy thinks he can provide a solution for dealing with itinerants, I certainly would be very glad to have it examined.

There was support for the right of itinerants to operate as they have been operating in the country. It was suggested that they are a decent class of people, that, in the main, they are not habitually of a roving kind, that, in fact, they live for part of the year in houses, like the rest of us, but that when the good weather comes they take to the roads with their cars and that normally they are just ordinary people. I do know that they cause a considerable amount of dislocation on certain roads by reason of the positions they often take up and that their horses and very often their children are a menace and a danger to motorists and other moving traffic.

And themselves.

As I said, there are three Departments involved and yet none of them appears to be capable of producing a solution.

Deputy Kyne made a statement that I am not quite clear about. He complained that Gardaí take children from schools and even from their homes while their parents are away and question them at Garda stations. I am told that it is contrary to practice for Gardaí to do this. If the Deputy would send me particulars of any case where that has happened, I will have it investigated.

A number of Deputies made complaints about the condition of courthouses. I have seen reports in the provincial Press from time to time containing the remarks of justices and judges who have to occupy these premises making very serious complaints about them. They have written to me on a couple of occasions. The only thing I can say about that is that I bring these complaints to the attention of the county councils concerned. The county councils are entirely responsible for the provision of the courthouses in the first instance and for their upkeep.

Deputy Desmond was complaining about the fact that we handed over the old Cork prison to the university authorities in Cork. As far as I can remember, there was general agreement by the Cork Deputies on that occasion when it was decided to hand over that old building to the university authorities and I am sure that the university authorities will put it to much more useful use than any other body would do.

Deputy Dr. Browne raised the question of the appointment of the surgeon to the Garda Síochána force. I must point out to him that the Government in making that appointment was acting as former Governments had acted because the Police Force Amalgamation Act of 1925 provides for the appointment by the Government of the Garda surgeon. The man who succeeded in securing that appointment was a senior Army officer with a very distinguished academic record and apparently suitable from every point of view. There was no question of politics at all: it was a matter of securing a man with the highest possible qualifications and the man selected was a senior Army officer who has been in charge of one of the largest Army institutions on the Curragh which caters for a very large body of military patients.

The Deputy also complained that the promotion of senior officers in the Garda is done through some political means. To say that he must have been completely ignorant of the manner in which senior Garda officers are promoted. First, a body of senior officers, men of rank higher than that of Chief Superintendent—Commissioners —examine the qualifications of those seeking promotion. Their seniority is considered as well as their efficiency, and from that body recommendations go to the Commissioner and from the Commissioner to the Minister for Justice and from him to the Government. So far as I know there has never been any non-acceptance by the Government of the recommendations of the senior officers and the Commissioner. If the Deputy has been informed this is done by the Government, as he described it, for political reasons, whoever gave him that information misinformed him.

Deputy Dr. Browne also seemed to take strong exception to the fact that we had included a figure of £40 for possible execution expenses. That item is not new; it has been there as long as the Estimate, so far as I know. The Deputy thought it should be described by some other heading; but, as I told him, "A rose by any other name," etc. I do not think it is necessary to take any action in that respect. He also suggested that there should be some more drastic scientific test— a blood test he probably had in mind —for drunken drivers. I doubt if that would be more effective than the test operating at present. The Garda who makes contact with a drunken driver —these people usually finish up in some kind of an accident—and finds him completely and entirely incapable usually has him examined by a doctor. The doctor has no doubt whatever about it, if the man is so incapable, and there is no question of what the decision will be. I think that is as good a test as it is possible to get. By the time the person who would make the blood test would arrive the man might be much more sober than when the Garda would have had him examined.

The Deputy also raised the question, as did other Deputies, of the licensing laws. These are under examination at present and when the examination is completed a memorandum will be prepared for the Government and submitted to the Government for decision. I should point out that the commission which dealt with the matter sat for, I think, a year and then produced a majority report and quite a number of minority reports, so that there seems to have been a considerable division of opinion. There was not apparently the unanimity that would suggest there was an easy solution to this very difficult problem. When the Government makes a decision on what they will submit to the House they will have to consider this and I am certain when the legislation does reach this House the same difference of opinion will exist here as existed in the commission. A number of questions on bona fide drinking and so on were raised, but as all these come under the licensing laws they can be dealt with when that discussion takes place.

Deputy Dr. Browne suggested that juvenile delinquents should get psychiatric treatment. Actually that is given at present; any district justice dealing with children's cases can call for the services of a psychiatrist.

Deputy O'Donnell and others referred to dangerous driving on the roads and seemed to think that the Garda authorities were lax in that respect. There is no speed limit here and a man may be driving at what appears to be an excessive speed on the main roads but he may at the same time be in complete control of his vehicle. It may not be as dangerous as an onlooker might presume. Until such time as we get down to having driving tests and perhaps a speed limit there is very little the Gardaí can do about this matter.

All these different matters that have been raised by Deputies and upon which I may not have touched will be carefully examined by me as a result of the reading up by my officials of the reports of the debates.

Deputy O'Donnell suggested that it was wrong to send Gardaí who are speakers of Donegal Irish into Kerry, that the Kerry dialect is vastly different from the Donegal dialect. I should have imagined myself, and I am not an Irish speaker, that the right thing would be to make that kind of exchange so that Gardaí would become intimately acquainted with the various dialects that do exist. We know ourselves, when we are speaking to a 100 per cent. Corkman or 100 per cent. Belfast citizen, that we find considerable difficulty in understanding what they are saying in the English language. I presume that the same would obtain in the speaking of the Irish language. It would appear to me that it would be a very good thing to move Irish-speaking Gardaí around in that fashion so that they can become acquainted with all the dialects.

It is a good thing that Deputy Corry is not here to hear the Minister say that about Corkmen.

Deputy Moloney has raised several points which we shall have examined. I do not think we would be justified in having the retiring age for the Gardaí higher than it is. It was originally fixed at 57 and it has been raised from time to time until it is now 63. Recruits who are coming in now are being limited to 57 years except in certain circumstances where the Commissioner, having satisfied himself that it is in the interests of the efficiency of the force to do so, can extend the age limit to 62 years, with the approval of the Minister for Justice.

I personally should not like to ask a man of 63 years of age, and Deputy Moloney suggests 68, to participate in a street riot or something of that nature. I doubt very much if he would be able to protect himself, much less the ordinary citizen. In having an age limit of 63 years, we have been sufficiently generous.

Deputy Moloney also suggests a reduction in the number of chief superintendents. That is a matter that can be examined. He suggested that by an amalgamation of a number of counties we could reduce the number of chief superintendents. We will also have that matter examined to see if there is anything in it, and, if there is, it will add a further economy.

He also suggested an extension of summer time and appeared to praise the period when we had double summer time. That was in a period of emergency and we had double summer time for the purpose of saving fuel and electricity. At the present time summer time is operating during the same hours as it does in England. That serves a very useful purpose from the point of view of business generally, including post office business. I think it would be a retrograde step to go out on our own and add another hour to summer time.

Deputy Moloney also made a complaint with regard to pay of prison officers. The pay of prison officers was fixed by arbitration in 1953 and their conditions of service are subject to the conciliation and arbitration machinery. A fresh request to have their basic pay increased has been received and that will be dealt with by the arbitrator in due course.

It is quite possible that I may have left out some points raised by Deputies. If so, I want to assure them that I shall be only too happy to have them dealt with as a result of an examination of the Official Debates.

Vote put and agreed to.
Top
Share