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Dáil Éireann debate -
Thursday, 2 Jun 1960

Vol. 182 No. 5

Committee on Finance. - Vote 23—Office of the Minister for Justice (Resumed).

Debate resumed on the following motion:—
"That the Estimate be referred back for reconsideration."
(Deputy McGilligan)

First of all, I should like to express my thanks to Deputy Dillon for concluding his speech last evening at 29½ minutes past ten thus giving me the opportunity of reporting progress and being in a position today to deal with the matters raised on the Estimate. I was also impressed by the brevity of the speeches during the course of the debate. I do not think anything was lost by this; in fact, I think the cutting out of verbiage allowed points to be made with greater effect.

A number of Deputies spoke on the same subject. I trust they will forgive me if I deal with the subjects in general and take into account their individual remarks. For example, the question of itinerants was raised by quite a few Deputies. It is regarded, apparently, as one of the problems most urgently requiring attention. It is a difficult problem, and perhaps I may cut the matter short by saying that the Government are at present considering the establishment of a Commission to deal with the question. I should say, however, that these itinerants have the same rights as other sections of the community. Some of the suggestions put forward —for instance, the suggestion that they should be compelled to register and to report at Garda barracks from time to time—would, I think, be at variance with the Constitution. To try to enforce a regulation of that kind against one section of the community only would, I feel, be wrong and unconstitutional.

Deputy McGilligan raised a number of questions, some of them of a highly technical character, which I propose to have examined in the Department and which do not necessarily call for a reply now. He asked about aliens. He thought there was something peculiar about the fact that we had about 3,000 aliens registered here. The fact is that every alien who is here for a period of three months is obliged to register with the police and subsequently to register any change of address. He also asked a question about the relaxation of immigration controls. This refers to the abolition of visas and manifests for aircraft and ships. In addition, as mentioned in my opening statement we hope to admit nationals of West-European countries on visitors' cards plus identity cards in place of passports, thus cutting out cost and inconvenience for visitors.

Censorship was another matter referred to by a number of Deputies. They referred to the fact that there was still a number of books of an obscene nature to be seen in shops, bookstalls and such places. The only answer I can give is that if such books are on sale and members of the public see them, they have the right and, I might suggest, the duty to inform the Censorship Board or they can inform the police who can take action in respect of these books if they are, in fact, of the type about which complaint is made.

Deputy McGilligan asked what were the special powers we were taking to deal with illegal collections. I hope in the near future to bring in a Bill dealing with this matter in which we may take power to seize the collection boxes, increase penalties on conviction of offences and so on. The Deputy also asked questions about the statistics for road accidents. These statistics have been laid on the Table of the House and are to be found in the Library. They are available to every Deputy who wishes to consult them.

There were also questions about the Solicitors Bill. All I can say about that is that we had to have a fresh Bill drafted and it is practically ready. We hope to bring it in in the near future. There are one or two matters outstanding in relation to the fund which covers those solicitors who make use of other people's money. When those matters are settled we shall be in a position to bring in the Bill.

The question of film censorship was also raised by a number of Deputies. I can add nothing to the answer which I gave in the course of the last couple of weeks when a question appeared on the Order Paper and when I referred to the fact that the film censor cannot prevent the showing of a film of the type described as communist propaganda if there is nothing contained in it of an obscene or indecent nature. I have had the same type of complaint in respect of another film which was running here for some time. There were complaints and demands to have it censored and it was argued in this case that it was British propaganda. There was nothing in those films about which the censor could take any action.

Deputy Corish raised the question of the Adoption Act. The Adoption Act, as far as I am concerned, is working very well. There are some minor aspects of it which may need amendment. I am looking into that.

Deputy Corish also referred to the question of sport in the Garda Síochána and he asked me to take some steps to see that more sport was indulged in by the members of the Force. He referred to the fact that in days gone by the Garda were noted for their achievements in athletics, particularly in boxing. The only thing I can say about that is that they have a job of work to do and that they must be in the same position as any other member of the community. They must do their day's work and, at the end of that, they can train and participate in any sport they wish.

The question of Garda accommodation was also raised. I regret to have to say, from my own personal examination of a number of Garda barracks, that I was far from satisfied with what I saw provided as accommodation. I have taken the matter up on a number of occasions and I have got some improvements made but not enough to satisfy me. I am asking the Parliamentary Secretary to interest himself in the matter now and it may be that between the two of us we may get greater movement in the right direction.

Deputy Coogan raised the question of the prohibiting of young girls from leaving the country. I can do nothing about that. It is purely a matter for the parents. Any person is entitled to go out of the country if he or she so desires. I would say that the onus in that regard is on the parents and not on the Minister or the State.

Deputy MacEoin referred to the fact that a number of people who had their driving licences taken away had them restored. He seemed to think that there was something wrong about that. The only licences that have been restored are ones that were taken away because of minor offences such as parking and other offences of that kind. Any licence of that kind that has been restored was restored with the consent of the judge concerned initially in the case. No licence taken away for drunken driving has been restored. I would like to make that clear in case it might be misinterpreted that licences which were restored included those taken away for drunken driving. They did not.

Deputy Ryan raised the question of the appointment of what he called outside Commissioners to the Garda Síochána. I was able of my own memory to recall that there was only one Commissioner ever appointed to the Garda Síochána who could be described as a professional policeman before that. That was Colonel Broy. The others were all appointed by the Governments of the day. That is a right which Governments have.

Deputy Ryan also spoke about guards of honour and he seemed to think that there was something wrong about that. I understand that he has a question down next week in respect of the same matter so I can pass that by and deal with it next week at Question Time.

He also referred to court forms and thought that the Department of Justice was responsible for the issue of court forms and that we should be more active about their publication. I am informed that they are not a matter for the Department of Justice. They are a matter for the Rules Committees and the Deputy himself, by reason of his profession, is represented there and he should raise the matter not here, but with the Incorporated Law Society.

Deputy Noel Lemass raised the question of police protection within public parks. The general rule in respect to police entering public parks is that, while they have that right, public parks are mainly stewarded, policed, if you like to call it so, by employees of the parks municipal authorities responsible for them and the police will always be prepared to enter a park if the attendants ask for aid. For instance, if there was an assault case in which the individual concerned, the steward or ranger, had not the power to arrest, he could ensure that the police would be brought in to effect the arrest.

Deputy Sherwin and other Deputies suggested that young boys when committed to prison are put in among professional criminals. Of course, that is not true. They are not allowed to associate in any circumstances with that type of individual. There was also a suggestion that individuals who are arrested for minor offences are put in along with sex criminals and recidivists. That, again, is not true. There is a complete segregation by the prison authorities of the various classes of criminals and sex criminals are not allowed to mingle with ordinary criminals, just as the ordinary first offender would not, in any circumstances, be allowed to associate with either.

Deputy O'Donnell wanted us to do something about the jury system. Beyond the fact that we propose to expand, as far as is possible, the area within which jurymen serve, which will provide a greater number of jurymen, we can do very little other than that. He also referred to the scarcity of pounds in County Donegal. It is a strange coincidence that in a very recent investigation into that question we found there was no need for pounds in Donegal and that the authorities there were satisfied that there was no inconvenience either to the county registrar or to the Garda.

A number of Deputies have suggested that the method of taking depositions in the district court should be modernised by the use of mechanical dictating equipment instead of longhand writing. The position is that the question of improving the method of taking these depositions has been considered by the justices and by my Department on a number of occasions over the past few years, but so far I am not satisfied that the advantages of any system of mechanical equipment would outweigh the difficulties which would be created by the introduction of such equipment. It must be remembered that the taking of depositions is a special procedure with features not found elsewhere, and it does not follow that because a piece of dictating equipment is found suitable in a commercial office it will prove a success in the taking of depositions. A silent typewriter has recently been used for the taking of depositions, but further experience of this medium will be required before its merits can be assessed fully. My Department will continue to keep under review the question of improving the system of taking depositions. Photo copying equipment is in actual fact in existence and is operating in a number of departments of the various district courts.

I think it was Deputy Lindsay who suggested that the sole job of the Parliamentary Secretary was to deal with itinerants. Of course that is not true. The Taoiseach, in replying to a question on the 24th May, Volume 182, in the first column, detailed the duties of the Parliamentary Secretary as follows:

The Parliamentary Secretary to the Minister for Justice will assist the Minister in the discharge of his Parliamentary duties, that is to say, in the preparation and handling of legislation, answering questions, receiving deputations, etc. He will, also, undertake Departmental duties with respect to supply and establishment matters in relation to the Garda Síochána, the Court offices, the Land Registry and Registry of Deeds, the Public Record Office and the Office of Charitable Donations and Bequests and discharge such other duties as may be entrusted to him ad hoc, such as the study of some particular problem as, for example, that of itinerants on which he is already engaged.

Was I not correct, so?

As I mentioned a moment ago, we hope to have a commission established on that in the very near future.

Glory be to God, you do not want a commission on the tinkers. We know all about the tinkers. Is the Minister serious in saying he is setting up a commission to deal with tinkers?

It has a constitutional aspect.

Questions are raised here and it is my impression that the people who raise them often do not know what they are talking about——

Ask your colleagues sitting behind you. They will tell you what they know about the tinkers. We know them well.

——and it is very often found necessary to enlighten them.

If the Minister lived in the country he would not want a commission to deal with tinkers. He would know all about them.

Deputies were talking yesterday about the failure of the Department of Justice to do certain work in connection with legislation and I wish to mention the following Bills which I have dealt with since taking office: The Statute of Limitations Bill, the Married Women's Status Bill—these were taken over from the previous administration and getting them through their final Stages was a formality. I admit that. Then there were the Administration of Estates Bill, which was enacted last year, the Landlord and Tenant (Reversionary Leases) Bill, also enacted last year, the Funds of Suitors Bill, enacted last year, the Bankers Books Evidence (Amendment) Bill, enacted last year and at the present time before the Oireachtas are the Intoxicating Liquor Bill, the Rent Restrictions Bill and the Criminal Justice Bill. That gives an idea of the type of work which the Department's officers are engaged on.

And I suppose the Tinkers Bill will be out shortly.

I shall have to shorten my remarks because I hope to be in the Seanad next Wednesday and I would not be available here to continue this debate if I did not conclude now.

Question: "That the Estimate be referred back," put and declared lost.
Vote put and agreed to.
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