asked the Minister for Justice if he will introduce legislation to repeal the Offences Against the State Act; and if not, why.
Ceisteanna—Questions. Oral Answers. - Offences Against the State Act.
13.
I do not propose to introduce legislation to repeal the Act because I am satisfied that the Act is still necessary.
Has the Minister considered the fact that a predecessor of his, in answer to certain criticism of the Act on 7th March, 1939, said at column 1570——
Quotations may not be made at Question Time.
I asked the Minister if he will read this. Having regard to the fact that the Minister for Justice at the time gave an assurance to this House that the Act would be applied to no person or body, save those belonging to unlawful organisations, would the Minister now cease, in the light of that undertaking given at the time of the passing of the Act, this appalling folly of using the Offences Against the State Act against people who are peacefully picketing in the course of an industrial dispute and who are not members of an unlawful organisation?
I should like to say, first of all, that the right of citizens to express freely their opinions and convictions and the right to assemble peaceably is guaranteed by Article 40 of the Constitution, subject to any laws which may be made to control any such assemblies or meetings in the vicinity of either Houses of the Oireachtas. That particular provision is spelled out in Article 40 of the Constitution and, in furtherance of that Article, the section of the Offences Against the State Act has been invoked precisely to deal with that situation. I may add that four of the recent arrests of picketers this morning relate to members not of the Irish Telephonists Association but to members of the Civil Liberties League, which, on all the information available to me, is a front organisation for anti-State, Communist and physical force elements. I am glad to say the Irish Telephonists Association have repudiated any connection with these four people whom we arrested in the past hour and a half.
The Minister, I take it, will not deny that these undesirable elements have been brought into it because he has gone against the undertaking given by the Minister for Justice in 1939 that the Act would not be used against anybody except members of an unlawful organisation?
Does the Deputy want any respect at all for the Parliament of which he is a Member?
(Interruptions.)
Deputy Flanagan should restrain himself. He should realise he is only making an ass of himself. This is using a steamroller to crack a nut, and it was stupid because of that.
It was appallingly stupid.
Is the Minister aware that the Offences Against the State Act was passed by this House by the combined strength of Fianna Fáil and Fine Gael? The Labour Party voted against it. They were the only Party, I think, who opposed it.
It is only right that the Members of Dáil and Seanad Éireann should be free go about their business without being hindered by anybody.
Who is hindering them?
Fianna Fáil did not think that once, but I am glad they have learned.
Fianna Fáil said they would not use the Offences Against the State Act against anybody other than members of an illegal organisation and they are now using it against ordinary citizens. At column 1570, an undertaking was given to the Irish people never to use these provisions against them.
(Interruptions.)
Everybody knows the Minister for Agriculture is going to bring down Fianna Fáil by his tactics. That is commonly talked about by his own people.
Fine Gael must be in great humour today.
14.
asked the Minister for Justice if he will state in respect of each of the last seven years the number of persons convicted of offences under the Offences Against the State Act, other than offences involving military activity, carrying of arms, membership of an unlawful organisation or refusal to account for movements, etc. as referred to in section 52 of the Act, and the sections of that Act in respect of which any such convictions were imposed.
A complete check of records has not been possible but it may be taken that the only convictions of the kind referred to in the question in the last seven years have been the six convictions under section 28 of the Act arising from the recent picketing of Leinster House.