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Dáil Éireann debate -
Thursday, 9 Apr 1959

Vol. 174 No. 2

Committee on Finance. - Vote No. 26—Office of the Minister for Justice. (Resumed.)

Debate resumed on the following motion:
That a sum not exceeding £67,800 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, 1960, for the Salaries and Expenses of the Office of the Minister for Justice, including certain other Services administered by that Office.—(Minister for Justice.)

Before Question Time I was speaking of the activities of a certain pseudo-religious group who pester the homes of people with their pamphlets and preaching at the busiest hour of the day when the man of the house is not there. I said that these are not protected by our Constitution and I submit that they would be an unlawful organisation.

I should like to bring to the notice of the Minister and the Garda the number of young children allowed to roam the streets at night at unearthly hours. That is not in their interest. I do not know what the law is in that respect but the Garda should see that children are off the streets at a reasonable hour so as to remove them from danger to themselves and others. One sees tots making men of themselves with cigarettes stuck in their mouths and one sees coming out of public houses, one shoulder up, young lads hardly able to lift a glass. I should like to see the attention of the Gardaí drawn to that matter.

Another most disgusting thing is the amount of profane and filthy language used by young children. That causes a very bad impression on tourists, apart from the fact that it is very wrong.

The Minister is not responsible for that.

I suggest that the Garda should give an occasional lecture in schools on road safety. The impression created by a lecture by a Guard would be much greater than if it were given by the teacher. That might mean a great deal to the safety of children and motorists.

People are critical with regard to unsolved crimes. If there were more co-operation by the people with the Garda such a situation might not arise. It is not right to criticise and not cooperate. Of course, that is a legacy from the days when we would not cooperate with the police.

On the question of film censorship, I agree with Deputy Corish. Films in which the criminal is portrayed as a hero should be completely banned from the screen. It has been suggested that films should be graded. I suggest that such films should be completely eliminated, that we would be far better off without them. Young minds are affected by such films.

It is about time that the Department of Justice made an effort to rebuild, remodel and repair courthouses. In view of the heavy incidence of rates at present county councils are reluctant to undertake that work. Consequently, you hear a number of complaints from justices saying they will not sit in such and such a courthouse because of the conditions in which they have to discharge their duties. I think it is only proper that the weight of this should be taken by the local ratepayers, although it may be said that you are taking the money out of one pocket and putting it into another.

There is another point to which I should like to draw the attention of the Minister, that is, the continued pestering in my own area of tourists by itinerants. Speaking for Galway city, we have a great influx of visitors during the tourist season. We also have a very undesirable influx of itinerants who come in like flies to pester the unfortunate visitors. That gives a very bad impression. The Gardaí do their best with them but I think it is a matter that deserves still greater attention.

Once again, I should like to congratulate the Minister and say that he is doing a good job with the amount of money we give. Let me repeat that I should like to see more Gardaí in our city. They have quite a lot to do and, as I said before, they have been turned into a semi-civil service, having regard to all the different duties that have been imposed on them over the years. It is false economy to economise in that regard. If there is an increase in crime, the Department of Justice is the one Department that should not have to take the blame. The Minister suggested that mobility has played its part in dealing with crime. In the towns and on the perimeter of the towns, you have areas where they never see a policeman. That in itself is something that should not be encouraged. Once again, I congratulate the Minister on the way he has handled this Estimate. I hope that a note will be taken of the few points I have mentioned.

My first point is in relation to the jury lists in respect of the civil business of the High Court in Cork. The High Court in Cork city deals with cases not only from Cork city but also from Cork county and neighbouring counties. The jury lists are drawn from a circumscribed area and this has resulted in hardship for the people whose names are on the jury lists, since they are called more often than they would be if the list were called from a less circumscribed area. The Minister, in reply to a question of mine, indicated that legislation is intended to deal with this aspect of the High Court going out on circuit for jury actions. I should be glad if the Minister could indicate when he intends to introduce that legislation.

The Minister, too, I think should investigate many of our criminal and penal statutes as they are today because where provision is made for fines, the fines are completely out of relation to present day money values. Fines which 50 or 60 years ago were punitive in the extreme having relation to the value of the £ then and the value of the £ now, really have no punitive effect at all now. They are not calculated to discourage the crime which they are intended to discourage. I think that is a matter in respect of which a review is long overdue. The Minister would be well advised to look into it and see what can be done.

The next matter I should like to mention might more correctly be a matter for mention on the Estimate for the Department of Local Government—I am not quite sure. I mention it just in case it is germane to this Vote, that is, the question of the Malicious Damages Act. The repeal of it has been urged by many public bodies and very rightly so, I think.

Cork Corporation have to meet a very large sum annually. I think they estimated £8,000 for this year to meet claims under the malicious damage code. Malicious damage is growing with juvenile delinquency. I think it is unfair that local bodies should have to meet large bills for such type of damage. It is unrealistic, too, in modern times when insurance companies have covered much of the damage which was meant to be paid for under the Malicious Damages Acts. You find people insuring their plateglass and paying large premiums for the insurance. Then you find afterwards that the insurance company has not to pay for malicious damage to that plateglass. The ratepayers have to pay. I think that the original intention behind the Acts was to discourage crime in areas by making the areas pay for it.

In so far as that aspect of it is concerned, I do not think it discourages crime any more. The type of people who commit these acts of malicious damage have not to pay for them themselves—they are not ratepayers. They are youngsters or birds of passage in an area. It has not the slightest preventive effect upon any person who intends to commit malicious damage and it does severely affect the budgets of the county councils, the county borough councils and the corporations involved. Action in this matter is also overdue.

I think the Minister's views as far as I know at the moment are that the malicious damage code should not be repealed. He has, I am quite sure, received complaints and requests from a large number of local bodies in that matter. I would suggest that local bodies are better informed on a matter of this nature than are the Minister's advisers. I would ask him to reexamine the question of that code.

There are a few points I want to raise on this Estimate. One of them arises out of the problem of increased road accidents and death on the roads generally, which I think is causing a considerable amount of public disquiet. I do not think that the Minister appears to have provided us with any serious reason to think that he is moving towards some kind of a solution of the incidence of accidents on the roads.

I should like to suggest that he should give consideration to a few points, one of which is the question of instituting driving tests. The other, of course, is another approach to the question of drunken driving. With the extraordinarily rapid development of motor cars and the speed of the modern motor car, it is very wrong that a person can walk into an office, get a driving licence and be given thereby the right to drive what is potentially a lethal weapon in certain hands, without any need on his part to prove his capacity to drive a car at all.

Some people go to the trouble of having driving lessons and become reasonably competent to drive but there is no compulsion whatever on them to do so. If somebody wins a motor car in a pool or a newspaper competition, he can walk into an office and then step into his car and drive away. That seems to be an extraordinarily risky thing to permit. People who suffer from some medical disability such as severe deafness, partial blindness or incapacity of some kind or another, may take out a licence and are then permitted to drive a car. I would be the last to impose a penalty on anyone because of disability, but that disability must add to the risk incurred by the pedestrian, the cyclist or the other motorists. The common good would demand that steps be taken to see that those who get licences are competent to drive and are capable of driving efficiently.

The Minister should consider the introduction of driving tests. I know they are not a complete answer, and that one has still accidents even where there are driving tests. However, we would discharge our responsibilities to the fullest if we ensured that persons could drive competently and capably.

Drunken driving is a complicated problem, because of the widespread general habit—in most cases, a harmless habit—of people taking an occasional drink. The difficulty arises when a person takes more than he is capable of carrying and then is permitted to drive a car in a slightly or seriously intoxicated condition.

Medical tests have shown conclusively that quite a small amount of alcohol can impair one's judgment quite severely, and that that person's ability is not as great as that of a person who is normally a safe driver and who has not taken intoxicating liquor. There is no simple answer to the problem, because of the different capacity of people to take drink without becoming intoxicated. There are various other considerations, such as the culpability of the different persons involved in an accident.

From reading the cases in the District Courts and elsewhere it is quite clear that justices find themselves in great difficulty when faced with the eloquence of lawyers on both sides. Later on, juries in manslaughter cases find it hard to decide fairly the degree of culpability and negligence in such a case. The dead man or child cannot be restored to life, and there is very little satisfaction to the parent or relative when such a death occurs as a result of someone having taken intoxicating drink.

At the same time, we should take positive steps to frighten those who, of their own accord, or through tiredness associated with a lowered capacity to absorb alcohol, find themselves in charge of a motor car and incapable of driving it. There should be a more severe deterrent against the drunken driver. Those who at present take more drink than they can carry know that there is a reasonable chance now that, given a sufficiently eloquent counsel, they may get off with a warning or a relatively small penalty. That outlet lies subconsciously in their minds, and it should be taken away from them. Our laws should be more closely related to those of Sweden, where they deal very stringently with such persons.

Now that it has been established medically that blood tests are reliable, the Minister should consider providing some place for the use of such tests in assessing the degree of intoxication and culpability in such a charge. It should be made clear to those who drive while drunk that if they are found to have imbibed a certain percentage of alcohol —whether a glass or two glasses, and so on—they would be faced with very severe penalities, which would become automatic on such a positive finding.

The first penalty is a severe one, especially in the case of those who earn their living by driving, such as commercial travellers and lorry drivers. It is the withdrawal of the licence for at least one year, and possibly for more than one year. Going further still, there is the imposition of some term of imprisonment. Much as I dislike severe punishment, I believe the Minister will not make any serious impact on the incidence of road accidents unless he insists on some such rules.

Firstly, there must be a standard of driving before one is allowed to handle this lethal weapon, which can travel at 60 or 80 miles an hour, dependent on the person's capacity to pay for it, on congested roads which often are unsuitable for fast traffic. Secondly, the Minister would discharge his responsibility to the public if he would take courage—and it requires courage—to try to deal with this question of casual drinking and dangerous driving. There is little alternative left to him but to consider the introduction of the blood tests for alcohol content. From the District Court cases, it is clear that the medical evidence—probably conscientiously, in most cases—is of a most divergent character. One perfectly honest doctor may say he thinks a person is perfectly sober and capable of driving, while another makes a completely contradictory statement.

Ordinarily they do it because they are employed in a sort of venal kind of way, but, generally speaking, I do not think a doctor is in a position to make a hard and fast decision whether one person is capable and another is not capable. I think the only way to come to a decision is to lay down a specific level of alcohol which we will not tolerate in a person who has an accident, and let everybody know that in advance. If certain people insist on consuming that amount of alcohol let them take the consequence with their eyes open.

On the question of juvenile crime, I do not think that the Minister is completely justified in blaming the parents for lack of parental control. Possibly it is true in certain cases in juvenile crime, and it is possibly due to the fact that there are many families—too many families—in Ireland where the father, because of circumstances which he cannot control, is not at home. He is abroad; the father has had to emigrate through no fault of his own, and he has left the mother in control of a large family, or a medium sized family, and she is unable to control the boys as they grow up. That is one of the serious consequences, probably the most serious consequence, of emigration—the lack of parental control arising from the broken or dissipated family, the family whose father has to get out of the country and leave a broken home behind.

The increase in juvenile crime is only one of the serious moral repercussions of the emigration problem in Ireland, but I do not think that even that is the sole factor in its increase. If one reads the periodicals and the newspapers, including the Taoiseach's own newspaper, and goes to the cinemas and sees the films shown there—now, unfortunately, they are on the television screen—it would appear that the whole source of interest for the modern child, the growing child, appears to be based on violence of one kind or another. It even starts in the schools with the interpretation of history, our own history and world history generally, the brutality of one nation against another nation, the usurpation of power, the imperialism and colonialism of the different countries. The whole motif of existence in the lives of these young children as they grow up in school right through their adolescence into adulthood appears to be based on violence of one kind or another whether it is the story of our national attempt to gain freedom or the international picture portrayed in violence.

Probably the greatest evil of all is the evil influence in the newspapers strip cartoons with their portrayal of gangsters, gang warfare, murder, pillaging and looting under different euphemisms, always amounting to the same thing—violence exercised by one human being on another. The extraordinary thing is that we have come to accept all these things, this continuous unending portrayal of violence of one kind or another as an essential part of the whole of the life of our young people growing up. In the so-called entertainment world, violence is the thing which is most commonly portrayed. I would ask the Minister, in the use of his censorship, to ensure that the censors should continue their outlawing of the seventh deadly sin. Sex appears to be the only subject portrayed in its most blatant and objectionable forms, and I suggest that they add to this the sins of violence and murder.

To me it seems to me quite extraordinary that you can go into our cinemas and that the only thing you must not see—and quite rightly—is the sin of adultery carried out on the screen because it is believed to be something that is not to be allowed to be seen by our children; yet children can go to the cinemas seven days a week and see the crime of murder perpetrated, whether by cowboys or Indians, gang warfare, beatings-up of one kind or another, and murder. It seems to me that is one of the main sources of the general trend—the increasing trend—the acceptance of violence as the arbiter of disputes between people.

The attempt by young people to get money to advance themselves in life and to solve their difficulties appears to stem from this acceptance of violence—from the greatest violence of all, the acceptance of the war solution, between nations, to the solution of murder, between individuals. I believe that the Minister will agree with me that if he examines these different media of information and education— the periodicals, the newspapers, the strip cartoons in the newspapers, the comics, the television screen, the history books in our schools, and the violence in war films—he will see that therein lie the seeds of this violence, this disregard for life and this acceptance of criminal solutions for problems about which the Minister is so worried, and about which so many Ministers for Justice throughout the world are worried.

Then there are the imported English Sunday newspapers. The Irish newspapers within recent months appeared to have discontinued the strip cartoon depicting scenes of violence—blood running from one man's wounds in glorious technicolour on the back of the Taoiseach's own newspaper—but the English imported yellow Press still carries these disgusting stories of violence of one kind or another. Only last week in one of these papers The People there was a most shameful portrayal of a section of our people, the tinkers. Some people may despise them; I do not. They are still human beings and still part of our nation. It was a most disgusting portrayal in this Sunday paper with horrid details of gouging and kicking. It should not be permitted. That portrayal of violence should not be tolerated or permitted in any papers, imported or home produced, or in films.

This House seems to be obsessed with this question of prestige. Well, that would appear to me to be at least one way in which we can make a real contribution towards seeing that the way of life of our people is not misrepresented abroad. We certainly should not tolerate the circulation of papers such as those in this country where we have the right under censorship to forbid their circulation. I would ask the Minister to give some thought to this whole question of the use of violence for the making or increasing of circulations.

The use of violence and a decadent interest in crime is widespread not only here but everywhere else. I was amazed to read a well-known Socialist peer proclaiming his great interest in reading crime novels. It seems to me that is a most decadent interest, to be concerned with how one man kills another. Where it concerns children and where they have access to these very colourful portrayals of murder, violence, gang-warfare and malicious damage of one kind or another, it can only have one result—the increasing figures for juvenile crime with which the Minister is concerned.

I should like to ask the Minister if he has come to any decision about the extension of the franchise to the Garda Síochána. I do not know what the reason is for withholding this. It seems to me there is no good reason why they should be hand-picked from everybody else in the community.

I have been given to understand there is a considerable amount of dissatisfaction in the Garda about the system of promotion. The Minister answered a question of mine in which he said he was satisfied that there is no serious injustice or unfairness in this question of promotion. I would ask him again would he try to ensure that if there is a genuine feeling amongst the Garda that there is a certain amount of favouritism, unfairness or injustice in the making of promotions, steps should be taken, as they can be taken, to see that the appointment board in relation to these promotions and appointments should be above suspicion, and that the Garda cannot have any justifiable belief that there is some sort of back stairs influence being used to secure appointments or preferments of one kind or another.

I am quite certain the Minister himself is well removed from anything of this nature, but I know from my own experience in the Department of Health that it was one of my most pleasant functions in the making of appointments that I could, as Minister for Health, say: "I have absolutely nothing to do with those appointments. They are under the authority of the Taoiseach through the Local Appointments Commission which is completely above board and suspicion." The result of that was that one was saved a tremendous amount of attempts to influence one. At the same time, through the operation of the Local Appointments Commission and the Civil Service Commissioners, it is now generally accepted by people going for professional appointments of one kind or another that they get a fair crack of the whip. If they are qualified, they will very likely get the appointment; if not, they will have no grievance and certainly no grievance against the Minister or the authorities concerned.

I do not think there will be any difficulty establishing some sort of tribunal which will give the Garda complete assurance that their case is conscientiously, carefully and fairly considered before a decision is arrived at. I could not imagine anything more dangerous than a dissatisfied police force. It must be a very important thing to try to ensure that the police force of any country is completely contented, that there is no dissatisfaction and suspicion among the Garda that some are doing better than others.

I should like to remind the Minister once again of the request I made earlier to him. Would he please consider taking powers to allow prisoners in our jails to go home at times such as Christmas for a short period? I understand he has not got such powers at present. I understand there is a problem when prisoners leave jail suddenly, just as there is when patients leave a hospital where they have been for a long time. It is quite extraordinary how unwilling people are to leave a hospital where they have been for a long time.

I understand there is the same feeling of fear, or presentment of insecurity of some kind or another, in the case of prisoners, even if it sounds very unlikely. I understand it is true that, when they leave jail, they have this feeling of uncertainty as to what the future holds for them. Of course, they are frightened of the likelihood that they will carry the stigma with them endlessly, making it difficult for them to get jobs, and that the extraordinary transition from the relative security of a jail to the complete insecurity of a penniless outside life is quite a strain on many of the prisoners. For many the week after they leave jail, if they do not get secure employment, is the greatest period of temptation for them; and they are likely to end up in jail again because they are unable to resist the temptation to return to the criminal activities of their past. Would the Minister consider the suggestion, and the practice adopted elsewhere, of allowing prisoners out for a limited period before they actually are discharged to see whether they can establish themselves in life outside jail before they are finally put out to try to earn their living with the tremendous burden many of them have of having had a criminal record?

I do not intend to deal generally with this Estimate but there is one point to which I should like to refer. It is the closing of Garda stations in the country generally. I feel I would not be doing my duty to my constituents if I did not raise this matter. Several barracks were closed in County Kilkenny. I was on a deputation to the Minister's predecessor about a particular barrack. Apparently he decided at that time he would not accept the recommendation from the Garda authorities about the closing of this barrack.

When the change of Government came and a new Minister was appointed, the same recommendation was immediately put up to that Minister. Again, a deputation of those anxious about the matter came before the Minister. That deputation included the parish priest, a man who was then close to 80 years of age. The fact that he travelled on that deputation clearly shows his anxiety in relation to the closing of that barrack. The Minister said he had seen the recommendation and he was not disposed to reverse the previous decision. In fact, as far as I remember, he said his predecessor had made no decision; he left the recommendation to one side. But the present Minister was making a decision and we know now what that decision was.

The people feel that a certain amount of protection is being taken away from them through the closing down of these barracks. I have no doubt that the Minister was asked if he could reduce the cost of running his Department. Now, the cost of the Garda Síochána is the heaviest draw on his departmental funds. Obviously somebody suggested that economies could be made if certain barracks were closed down. That policy is a very shortsighted one. I would have no objection to a reduction in the number of Gardaí in relatively small districts: in some cases one or two men would suffice as against four or five at present; but the complete closing down of barracks in one whole area, as has happened in Kilkenny within ten to 20 miles of where I live myself, is entirely wrong.

As far as the Gardaí are concerned. we should have a competent force. A competent Garda force up to strength will give the people confidence. Quite a number of people who pay taxes get nothing by way of return other than a certain sense of security in the knowledge that they have a competent Garda force to protect them. The first right to which any person is entitled is security in his own home. I am not blaming the Minister altogether for the situation that exists because he is not the first to implement the policy of closing down Garda barracks, but I appeal to him to recommend to the Government that they should at least restore some semblance of protection to the people in these areas. We have had a number of murders and I am convinced that these would not have taken place, had people been aware that there was a competent Garda Force in sufficient strength in the areas in question.

One result of the present policy is a change in the old Irish way of life. The door is no longer left open for the casual visitor. Now, when the man of the house goes to work, the door is closed and barred. It has to be admitted, of course, that in the case of the Kilkenny murder, the door was closed and barred. Nevertheless, a particular individual was able to get into the house. I do not suggest that reopening the barracks and replacing the Gardaí will lead to a cessation of murders—we may still have murders— but it will give people that feeling of security in their own homes; and the first duty of any Government is to give people security in their own homes. Any Government who fail to do that are failing in their primary duty.

It is wrong for the Minister to allow others to dictate to him. He is the link between the citizens and his Department. It is he who has the contact with the ordinary people. Having received the deputation to which I have referred, the Minister should have informed his officials that a responsible deputation had interviewed him and he wanted the position reviewed. Instead of that, he said he had taken a decision and he was not going to alter it. That is quite wrong.

Whatever may be said about our Defence Forces, our police force should be up to strength in order to give that fundamental security to which every citizen is entitled. I appeal to the Minister to bring this matter to the notice of the Government and I hope my plea will receive the consideration it deserves. I am pleading for a section of our people who are unable to plead for themselves. The Minister says that £155,000 more is required this year because of retirements and also because of extra duty on the Border. That increase is a natural one at the moment because the men who joined in 1922, 1923 and 1924 have now reached the retiring age. The increase should not be met through the device of cutting down the numbers of Gardaí in certain areas. We ar suffering heavily from this device in my constituency. I appeal to the Minister to review the position because whole areas are being left without protection of any kind.

We seem to have an inordinate number of housebreakers in both the city and county of Dublin. We have, too, a new type of housebreaker—the man who comes along to see if Bill Jones has gone out or if Mary Murphy has left her house unoccupied. If the house is unoccupied, he then sneaks in by the back. I admit this type of crime is not new, but it has increased to alarming proportions in both the city and county of Dublin. I suggest the law ought to be amended and an example made of those who engage in this practice. The Courts and the Gardaí do their best but the law will have to be made more severe.

The law will have to be made more severe if we are to deal effectively with the type of criminal we are up against now.

That is not a matter for the Minister.

We have another problem in the city and county of Dublin, the problem of the itinerants. The inhabitants in Ballyfermot make a complaint and the itinerants move from Ballyfermot to Walkinstown. They have hardly settled in Walkinstown when someone there makes a complaint, and they move to Finglas. They move from one side of Dublin to the other, causing trouble everywhere they go. They are destroying the work of some cottiers or people who have tried to make their homes in these areas. It is a problem we have on the verge of the city of Dublin in my constituency. While I do not want to be unfair to any section of our people, the problem of the itinerants or tinkers has got out of hand. When you mention it to the City Manager, he will enclose a particular site and the itinerants will be out of that area for a while, but they only move round a bit and you have the same trouble in the next district. When they are put out of that, they move on again and you must ring the Guards or the City Manager or somebody else to get them away.

The time has come when we should at least go to the extent of setting up a commission to consider what should be done with these people. People living alone in remote areas of the county where there has been an increase in tinker camps in recent years suffer heavy damage. A man from North Road, Finglas, told me the other day of the great amount of damage done to his place by itinerants and their horses. Deputies from both sides have mentioned this problem from time to time and I respectfully suggest that the Minister should set up a commission to see what can be done. It is shocking to see a number of children being reared in filth and dirt and not educated, just multiplying, and going begging round the districts. There is no use in just moving them from one district to another.

I want to compliment the Minister, the Garda Commissioner and members of the Force on the manner in which they are dealing with a menace we had some time ago, the teddy boy. There are two classes of them, those that go round dressed up for show purposes—they are harmless—and the others, the "heroes" who go about in groups of four, five, six or seven and gather outside dance halls or other public places and carry knives. I should like the Minister for Justice to ensure that any youth found with a knife in his possession will be dealt with very harshly. It is a shocking thing to see a youngster drawing a knife on another youngster, beating up old people or engaging in activities of that kind. I am glad that the Gardaí in Dublin have this position under control.

While the Gardaí have been exceptionally good, I should like to see more Gardaí in plain clothes. I am not advocating that they should get carte blanche to break the law but simply that they should be put in a better position to deal with a certain type of delinquent. In some cases, parents of children that have not been kept under control go to the schools and tell the teachers, whether Christian Brothers or lay teachers: “If you beat Paddy, I will bring you to court” or “If you strike Peter, I will take an action against you.” If that were allowed to continue, ultimately the Gardaí would have to be asked to deal with these children. I hope more Gardaí will be put into plain clothes to protect the citizens against the “heroes” who are going about the city armed with knives. There are young and old teddy boys and my constituents who attend Dublin dance halls have told me how these teddy boys operate. They understand only one language, the language of fear, and they should be severely dealt with when they commit any crime or cause trouble to respectable people, whether in the city or the county of Dublin, or any other part of the country.

I conclude by complimenting the Minister on the way he is doing his job and I trust he will live long to carry out the duties of his office.

This is a Department which comes in for a fair amount of criticism, mostly undeserved. The Minister in charge of it deserves the sympathy of the public. It is a Department that needs men of character and honour and I am glad that over the years we have always found the Minister for Justice a man of character and honour. At the same time, there is a tendency for too many people to attempt to pull coat-tails in the Department to get sentences and fines reduced. I hope the Minister will set his face against that. Most of the fines and sentences are as lenient as justice permits; in some cases, they are so lenient as to be the laughing stock of the country.

That does not arise on this Estimate.

I hope the pulling of coat-tails will cease. I heard Deputy Booth speak about prison reform and parole. I agree with parole at Christmas for a certain type of prisoner, but not for all types. Prison life today is not the same as it was long ago. I know that because I went through many prisons myself. I knew what it was to spend six months on a plank bed in different prisons. Yet I did not come out as a criminal because of that. If you are too soft or sloppy with prisoners, they will come out and laugh at you. You must have a fair amount of severity and discipline. All these people, whether their offence is petty or serious, have a certain tendency, because most of them were well reared and educated. They could have behaved themselves but they wanted big money in the quick way. They found themselves behind prison bars and that is the right place for them. If we all adopted their policy, the country would be in chaos.

We must think of the victims of these people, the man who at dead of night got a crack of a stick on the head and later found the wallet of notes which he had saved all his life was gone. Then we have somebody appealing for leniency for these hobos. The victim is the man we must consider first and we have quite a trail of victims. We know of many robberies but we do not hear of half of them. There are a number of robberies which are reported and there are attempted robberies which are never reported. The whole thing is getting a bit out of hand. Where young "buckos" and old "buckos" come in conflict with the law, the law should deal with them because they have got into that way of living. I agree with Deputy Booth's remarks about being soft-hearted, but, at the same time, my sympathy lies with the victim of the robbery and not with the criminal.

I am perturbed, and so are many other people, that we have three unsolved murders at the present moment. That has not happened for a long number of years. I do not blame the Garda for it. I believe we have as vigilant and manly a police force as there is in the world. I blame the public. Where those murders were committed, there are people who could give information about them if they would only open their mouths, but because they do not, the Garda are in the dark and the murders remain unsolved. I would ask the public to do their duty. I do not blame the Minister, his Department or the Garda. They will do their duty if they get the assistance of the people and I am afraid they are not getting that assistance in these cases. In a Christian country, men should not be so spineless as not to do their duty to their fellow men.

I am glad the Minister thought fit to release the internees and I hope that, on their release, they will not embark on some other activity which will force the Government to intern them again. I hope the Minister will think twice before there are any further internments without trial. After all, that only breeds discontent. If a man has committed an offence, he should be brought before a court and if sentenced, the sentence should be carried out.

I agree our police force is fairly small. In a Christian country, a large police force should not be necessary. In the larger towns, we need, I believe, more plain-clothes policemen. In the City of Dublin the ordinary Garda in uniform is spotlighted by the "buckos" and the touts who know exactly where his beat is. If we had far more plain-clothes policemen on duty, day and night, many more robbers would be caught. It was sickening to read in last night's Evening Herald of a series of robberies which took place in Dublin. I would not mind so much if it were a case of men trying to get a few pounds, but those people left wanton destruction in their wake. That type of criminal deserves to be punished and both the public and the police should do everything possible to catch them and then they should be given the maximum sentence. A trail of destruction like that shows disregard for property and for life.

In connection with women police, I am glad that Force has been started here on, more or less, a small basis to see how it works out. I had a few complaints about the examining board connected with that force. Is it the position that at the interviews no female whatever sat on any of the boards? Some people complained to me about that and I should like to know if there was in fact, any female on the boards. It is the first female police force to be established here and perhaps they could not have had a female on the board, but I should like the Minister to take stock of that and, in his reply, to let me know if that is or is not the case.

Many Deputies talked about cinemas and television being the cause of much delinquency which occurs at the present. I believe that is so, but, at the same time, these things have come to stay and there is little we can do about them. Even if we censored them in this country, with the world getting smaller as it is, there will be programmes from England, France, America and elsewhere, and the people running these concerns run them as materialists and want to make all the money they can. Their moral standards are very lax and very low. There is nothing very much we can do about that.

What we can do is to intensify the training of our youths by the parents, the churches and the schools and so enable them to stand up to present-day life. These new forms of entertainment are rushing upon them and people are bewildered, so much so, that they hardly know where they stand. Things are bad to-day but I believe they will be worse to-morrow. We must have due regard to that and guard ourselves by more responsibility in the schools, more lectures from the churches and from the parents in particular, because if the parents do not do it as a foundation, who else will?

The Minister is doing his best in trying circumstances. The Department of Justice is criticised. Its work is hard and honourable work and it is carried out as efficiently as possible. I say that in the country areas we do not need many policemen. The people are more or less law-abiding and orderly and there is no great amount of crime, but in the larger towns and cities, I urge that a stronger force of plain-clothes policemen is absolutely necessary if people who are not law-abiding are not to be allowed to get out of hand.

I agree with Deputy Burke's remarks about the itinerants. They are most bothersome in his area, as they are in mine. At Punchestown and Fairyhouse times, there is bedlam for ten or 15 miles around those areas by reason of the activities of those people. It is not right that ten or 15 caravans should be parked on narrow roads. The ladies belonging to those caravans go from house to house with children in their arms—if they have not a child of their own, they get one somewhere—begging, howling and crying for a pinch of tea, some sugar, money or something else. If the woman of the house looks at her dresser when these people have left, something is gone. There is no question that law and order are declining. I do not want to say itinerants should be driven off the roads but something should be done about them. There should not be 50 caravans, and some of them with very costly motor cars or costly types of caravans, parked on the roads. They are a menace to the whole countryside.

I am not speaking of the poor old man who comes up to your house from his camp and asks decently for a drop of milk, some matches or some bread and butter. One is proud to give help to a man like that because he is the type of man who is part of the Irish life. I am speaking of the other type of itinerant who is not a part of the Irish community. To deal with those people, many a man has to stay at home in the yard or in the kitchen to protect his family while they are in the vicinity, when he should be in his fields at work. That should not have to happen. Very often, 16 to 18 from the same set of caravans will come to one house on the same day. They bewilder the people If you lock your door, they will kick at it and knock at it for about two hours. They will give you more trouble perhaps than if you opened your door. We cannot stand for that. I do not know what the law about it is, but as a christian community we must be able to cope with it and we must cope with it. I would ask the Minister to think twice about this matter.

These people are a set of hooligans who will not work. If a farmer tangles with them at a fair, they inevitably put it across him. They will sell to the poor farmer for £50 an old nag not worth 5/- which they have gingered up and when the farmer brings it home, it dies from scour inside three days. That is going on, morning, noon and night, at every fair. I should like to see an effort made to ensure that they will live as responsible people and pay rent, rates and taxes. They have a royal life, basking in the sun along the side of the road. They will not even put their horses off the road for a motor car. They want to see will a car hit their horse so that they will get some compensation. I agree with Deputy Burke that those people are a menace to the community.

I should like to support the appeal of Deputy Dr. Browne for the introduction of a traffic test. I do not believe for a moment that the introduction of such a test will prevent the large number of deaths and other accidents that occur on our roads every year, but it is fundamentally wrong that a person suffering from some serious mental or physical disability should automatically be issued with a licence.

I suggest the Minister should consider making available, particularly in the larger urban centres, the younger members of the Garda who would be competent to lecture in the schools on "safety first". There has been a tremendous increase in the amount of road traffic over the past 25 years, something like a threefold increase since 1939. With that substantial increase in road traffic, the danger particularly to school children in the city areas has correspondingly increased. I should like the Minister to ensure that in Dublin, Cork, Limerick and elsewhere there would be some younger members able to give lectures to children on taking ordinary, elementary precautions on the roads. That would probably have a more direct effect than other method such as putting up posters, holding safety weeks and that kind of thing, although I am in favour of that also.

Deputy Dr. Browne spoke at some length on the unfavourable reaction on the young mind of the sensational type of newspaper coming into this country apparently without restriction. He also spoke of the effect of murder films, murder comics and other periodicals which sensationalised acts of violence. However, there is another aspect which is possibly of more importance and which has been brought to the forefront recently by a very distressing case which occurred in my own county as a result of which a man is on trial for the murder of his wife. Depositions in connection with that case occupied quite a number of days. They were taken down in great detail in court and were reported at great length in all the Irish newspapers.

I understand the case to which the Deputy refers is still sub judice and, therefore, the Deputy may not discuss it in the House.

I am not exactly discussing the case. I am discussing the question of publicity given to cases of that type. May I generalise, leave that case out of it and just refer to the question of publicity?

The publicising of evidence in major criminal trials, say, a murder case would have a far more lasting effect on a juvenile's mind than reading horror comics or anything like that. In a case such as I have instanced you are dealing with something that is far closer to their own home and their own country. It is not right that such evidence should be available to young people merely by opening any of the Irish national or local papers. There should be some restriction on the publicity given to such evidence. It is really distressing when it comes to the question of children giving evidence in such a case and that being read subsequently by children of their own age. I do not wish to labour that point because the case is sub judice. Such cases, should be held in camera or else there should be some restriction on the publicity.

Surely the Deputy is not advocating that people should be tried for murder behind closed doors?

That is not the point I am making but that such evidence is available and young people can read it. There is no use in talking about the imported yellow Press and sensationalism in other papers when you have that happening.

I supported the plea made by other Deputies that the franchise should be extended to the Garda. It is high time a responsible section of the community had this right and I hope the Minister will give it his support.

I represent an area which has suffered considerably from itinerants or tinkers. I wish to ask the Minister if there is any possibility of bringing in some form of legislation to control this section of our community.

The Deputy would not be in order in advocating legislation on the Estimate.

In that case I would ask the Minister if he would give this serious problem his attention. I do not want to be taken as being anti-social in any way. I am aware that the itinerants are as much members of our community as I am myself, but I do think there is an obligation on them if they take up residence in an urban or rural area to conduct themselves in the same way as other members of the community. We have had some scenes in Limerick over the last 12 months in which members of the Garda were involved, and, because of the small number involved, one or two of them received injuries. I should like to join with those Deputies who criticised the decision to reduce the numbers of Gardaí, particularly in the rural areas. I have heard several complaints from the county part of my constituency and there is no doubt that there is a great deal of disquietude in the country areas about the depletion in numbers of the force in those areas.

I do not wish to labour the points I have to make on this Estimate because most of what I intended to say has been said several times already. I should like, however, to touch on one thing and that is the question of the revival of the sport of boxing in the Garda. I think everyone in the country is aware that the Garda boxing team in years past brought renown not only to the force but to the country. If it comes within the Minister's province to do so, I would urge upon him to encourage the taking up of boxing again by the Garda. Again I would stress the point I made about the question of publicity in certain murder cases.

I appreciate what Deputy Russell is talking about but in the desire to spare people's feelings we ought to be mighty careful we do not push ourselves into the position of advocating that criminal proceedings should be conducted behind closed doors. If people's liberties are to survive in our society, one of our greatest safeguards is that they should be tried by jury in public and we have got to pay some price for that. Part of the price we have to pay for it is that, if people do disagreeable things which make them criminally liable, the tale will have to be told in open court. While the fate of such people is in the hands of the jury, the society to which they belong is there as an additional protection to ensure that the humblest person arraigned in court gets justice. Of course disedifying material will from time to time appear in the newspapers in the ordinary course of their public duty of reporting criminal crimes and occasionally material will appear in newspapers which is unsuitable for reading by children.

I suggest to Deputy Russell that in such well-conducted households as his and mine we take precautions to see that the children do not read it— and that is a duty I am not prepared to delegate to the Minister for Justice. I regulate the reading material for my family and no doubt every other parent in his establishment will accept a similar responsibility and emphatically repudiate the suggestion that it should be delegated either to the Minister for Justice or anybody else. But, particularly in public matters, particularly in criminal matters, this is a very important privilege of free people and, by and large, I believe the newspapers in this country can be trusted to publish with discretion the material facts of such trials although it may inevitably be true that in certain cases of that kind the minimum evidence which may with propriety be published can give great offence if perused by persons of tender years. We are not to purchase immunity from that danger by implying that we will accept a situation in which criminal matters will be tried in a court Star Chamber.

Deputy Russell has imposed on himself the self-denying ordinance of not repeating what has been said by other Deputies. It is important that we should not hesitate to repeat what has been said by other Deputies in order that the Minister may get a true picture of the situation as it really is. If one Deputy simply says he finds that the absence of Gardaí in rural Ireland constitutes a problem in his area, and the other Deputies do not subscribe to it, the Minister may get the idea that it is only a peculiar quirk of mind of an individual Deputy.

I subscribe to what Deputy Giles said. I think it is a mistaken policy— it has been pursued by more than one Government—to withdraw Gardaí from rural stations and substitute therefore itinerant patrols. I think it is a mistake that is being made by people more accustomed to residence in cities and large towns and who do not understand the atmosphere in rural Ireland.

The position is this. Our object ought to be to prevent crime rather than to detect it after it has taken place. The less crime that takes place, the less work the police have to do in the detection of crime, the more effective is the job the police are doing. If you have a Garda station in a rural parish, the Garda are familiar with the people of the parish and the people look upon them as their friends. The result is that the Garda know what is going on. If a woman in her kitchen is frightened by some fellow coming to the door and refusing to go away— and that does happen and is happening in increasing numbers of cases in rural Ireland—there is no use in saying that the Garda patrol car will pass shortly because it is when the Garda patrol car is not passing that the fellow will go up some street and batter somebody's back door and not be visible from the main street.

Suppose there is a Garda station in that district. If a group of itinerants or strangers comes into the district then, within 24 hours, the Garda know who they are, where they came from, where they are lodging, what road they are parked on. If, then, somebody comes to the Garda station and says: "I was up the fields at 3 o'clock this afternoon and a man came kicking at the door and frightened my wife" the Garda are out within an hour to the encampment to enquire: "Which one of you was kicking at the back door of the house of Mr. X?" The very fact that these people know that that will happen prevents them from doing that kind of thing where a Garda station is functioning. The moment they have knowledge that the Garda have been removed from an area, and that the area is now depending on a neighbouring town for patrol, you will find an immediate tendency for instances of that kind to arise.

I can imagine that the Minister will feel we are laying too much emphasis on this kind of abuse but I assure him we are not. If you are living in a relatively remote area of rural Ireland, there is nothing more distressing and disconcerting than for a woman with small children in a house to find some fellow at the door threatening and abusing her in the absence of her husband. There is nothing more consternating to a family man than to come home in the evening and to find his wife upset with the picture painted for him of a fellow pushing his way into the kitchen and she afraid of what might happen. I am not suggesting that anything always does happen. I am not suggesting that violent assaults were made or serious crime was perpetrated. I am suggesting that that kind of thing is perhaps disproportionately felt in rural areas and constitutes a very material problem. I think it is a bad economy from every point of view to have this system of withdrawing Garda personnel from rural areas and substituting patrol system.

In my considered judgment—I know about conditions in rural Ireland—if that policy is persistently pursued, you will get a development of petty crime which the Garda will find extremely difficult to control and which at the present time, or under the system existing heretofore, they had under complete control. I venture to say that in the area in which I live at present it would be impossible for anyone to break in and enter a house or perpetrate any minor offence of that kind without the Garda knowing with virtual certainty within 24 hours the perpetrator of the crime. It might take four or five days to accumulate the kind of evidence on which they could be prosecuted and convicted but they know and they are in a position to let the misdemeanant know that they know.

The very fact that it becomes pretty well known in an area that you cannot do that kind of thing without the Garda knowing it within 24 hours results in its never happening. I do not believe that, over 25 years, there have been half a dozen serious breaches of the law of that character in the area. The reason for it is that we all know that, whenever it did happen, within 12 hours the sergeant of the Garda was able to make it perfectly clear that the fellow that was ultimately proved to be guilty was known by them and it was only a matter of a couple of days before he would be able to put his hand on his shoulder and prosecute him and bring him to conviction.

If you want to create a situation in which there is a serious prospect of these kinds of instances going undetected—which you will have if you withdraw the Garda from their intimate contact with the people and, instead, send them out on itinerant patrols—that kind of crime will develop. Do not forget that breaking and entering, or offences of that character, have a far more distressing quality in a remote rural area than they have in the city. If somebody breaks in through your kitchen window here at night, if you let a couple of roars, if the police are not there, your neighbours will come to your aid, but if you are living 120 yards up a boreen and somebody puts his foot in the kitchen door at 3 o'clock in the afternoon and says he will not go if you do not give him money, or if old ladies come up and insist that their hands be crossed with silver or they will make a demonstration of one kind or another, it is a very different cup of tea.

I want to urge on the Minister most strongly that what certain Deputies have said here to-day is true, that you will promote the perpetration of crime in Ireland if you dissociate the Gardaí from their present intimate contact with the people. I am happy to say that the Gardaí are maintaining, on the whole, an admirable standard of conduct in rural Ireland. They constitute an admirable example in the vast majority of cases in the community in which they live. The young people do look up to them and they are a good example to them. They enjoy the confidence of the people. They are not looked upon as police, primarily. They are looked upon by the vast majority of the people as friends in need to whom the people go with complete confidence and whom the people feel it is no shame or betrayal to help in the prosecution of crime.

To that general proposition, there are, of course, exceptions, but, normally the Gardaí in rural Ireland are not looked upon, as so many police forces are, as a kind of enemies of the people. On the contrary, they are in intimate contact with them and have secured the confidence of the people and have successfully established themselves as friends of the people.

I strenuously press upon this Minister that, whatever his predecessors may have thought, he, albeit he is a Dublin man, should show a fuller understanding of the conditions in rural Ireland and, if necessary, reverse any policy at present in progress for the withdrawal of the Gardaí from the country stations and their concentration and future dependence on itinerant patrols, which is no substitute for the ubiquitous position of the guards as was the practice in the past.

I notice that the Minister, as every one of his colleagues, has the problem of increased remuneration. That, of course, is a result of the Minister's Government's own policy. They increased the cost of living and now the birds are coming home to roost. The Guards had to get the 10 shillings and the prison warders had to get the 10 shillings and everybody had to get the 10 shillings and the taxpayer must pay for it. What I am sad about it that some of the taxpayers, in addition to having to pay for this, have to carry the increased cost of living themselves without getting any compensation at all.

I want to refer to the Minister's reference to the film censor. I think the film censor, on the whole, is doing a reasonably good job but there is a new problem. Heretofore, the film censor was primarily concerned to eliminate reference to indecency and salacity of one kind or another in films, but there is an entirely new business started now for which there is a new film company established, that is, the production of horror films—blood. I saw blood and murder and mayhem. I was reading only yesterday a description of the activities of this new film company, where a slaughter house proprietor showed that they had been a great source of revenue to him, providing eyeballs, toes and entrails in order to lend verisimilitude to the horror films which this firm is producing and the firm is rejoicing in the fact that it can produce a horror film for about 250,000 dollars, one of which has already cashed in £1¾ millions.

It is not a pleasant thing to have to record that that kind of film has a wide appeal but apparently it has, not only in this country but in Great Britain and the United States of America, and I am sorry to see that some of these films are being manufactured in England and distributed through a studio there. I wish I could remember at the moment the name of the studio. There is a special company now formed and making a great fortune out of the production of films of this character.

We have to ask ourselves: suppose mature persons want to revel in an orgy of sadism and masochism, is it the duty of the State to deter them? I doubt whether it is, but I do think it creates a situation in which the State would have a duty to say that while, if such films are to be displayed and do not offend against ordinary standard of decency and morality, still they are not suitable for display to children and they force us, possibly, into establishing the category which is available to adults who indulge in that sort of entertainment but which will not be shown to juveniles.

I do not know whether the Minister's attention has been called to that problem or not but I think it is a problem of growing gravity, and I was rather dismayed to see that one of these films has recently been announced for display here. It is entitled "The Hound of the Baskervilles". I read it many years ago and very entertaining I found it but they have apparently put trimmings on "The Hound" since Conal Doyle wrote it. It used to be a respectable hound with teeth and glowing eyes and formidable mien, but now everybody has teeth and all the characters have grown formidable characteristics and this is all being incorporated in the film which is of a horror character. I suggest that this is a matter to which the Minister can with advantage look.

I notice that the Minister is glad to report that during the year his Department was engaged on the examination and formulation of proposals for legislation relating to licensing laws, rent control, adoption of children, penal reform, charities, administration of estates, solicitors and the Courts of Justice. It is very entertaining to hear that he is brooding on all these interesting topics but I may mention that the Solicitors (Amendment) Bill has now been under consideration for some seven years. Are we ever to reach the end of the deliberations requisite to provide a satisfactory instrument of this character? Has the Minister no more encouraging news to give us than that he is brooding on all these important matters? I am bound to say to him that that does not impress me. I think he ought to do something more about it because the present situation in regard to the Solicitors Act is deplorable because we have effectively deprived the Incorporated Law Society of all the disciplinary powers they had and have substituted therefor nothing, so that we now have a situation prevailing of anarchy in that profession worse than ever existed in our previous history. That is monstrous.

I do not know that I have anything further to add to these important subjects, save to make reference again to the place of detention which is now situated in Marlborough House. I am in the usual dilemma that the Minister sends the children there and the Minister for Education administers it. I have asked year after year one or both Ministers to take the modest step of providing that where children are sent to Marlborough House on remand, facilities will be made available for psychiatric examination where that is requisite for the information of the district justice charged with the responsibility of ultimately disposing of the children.

There is available in the city an admirable child guidance clinic which I have reason to believe is prepared to afford to Marlborough House the facilities of its service, if it is asked for. Surely that is not too much to ask in the case of a disturbed child and any child that is taken from its parents by a police court and sent to a place of detention must be a disturbed child. He may be disturbed just by being a bold stump but it is possible that he may be disturbed through some psychiatric defect either in himself or in his parents and, if he is to be appropriately provided for, that defect should be detected and taken into consideration when his case comes up for disposal.

Progress reported; Committee to sit again.
The Dáil adjourned at 5 p.m. until 3 p.m. on Wednesday, 15th April, 1959.
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