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Dáil Éireann debate -
Thursday, 31 Oct 1968

Vol. 236 No. 11

Committee on Finance. - Adjournment Debate: Leitrim Polling Station Investigation.

Yesterday I asked a question of the Minister for Justice about irregularities in a polling booth in the constituency of Roscommon. The question was:

To ask the Minister for Justice what is the result of Garda investigations into irregularities at the polling station at Woods' house, townland of Catten, County Leitrim, during the 1967 local elections.

The answer I got from the Minister was:

The Garda investigations went to show that votes were irregularly cast in five cases; they reported, however, that they could find no evidence as to how, when or by whom the offences were committed.

This is a very small polling booth situated on the Longford border, just the outside polling booth in the Ballinamore area. The presiding officer who was appointed to that polling booth for the local elections in 1967 was a man who lived in the parish of Cloone which is about three or four miles, probably barely four, from the polling booth at Woods' house. He was an insurance agent for a number of years and most of his business was done in that area. I am quite satisfied that he knew every voter who was coming in to vote in the local elections. Insurance agents in a rural area have direct contact with the small farmers and I am quite sure he knew every one of them. But for the fact that he knew them, the allegations that have been made about this booth could not possibly have been made.

The polling clerk was Mrs. Woods, wife of Patrick Woods, the man in whose house the polling booth was. I would not be foolish enough to make a guess at her age, but I think she must be in that area for about 30 years. I do not know if she is a native of it, but I am sure she knew every person in the polling booth area and certainly knew every person in the one townland in which she lived, which is the townland of Catten.

I should refer here to a number of people who voted on that particular day. Number 16 on the register was a Maria Gannon of Catten, the same townland as the polling clerk. This woman was confined to bed and did not come to vote on that particular day. Number 25, Paddy Higgins of Catten, was in Manorhamilton Hospital on that day and did not turn up to vote. Mary Cunnion and Mary McNally are the same person. Mary Cunnion was her maiden name prior to her marriage but, whatever happened, both names appeared on the register. In fairness to this lady she came to vote and cast one vote. This lady lives next door to the polling clerk's house, and I am satisfied that Mrs. Woods knew her just as well as I know Deputy Lindsay and Deputy Richie Ryan who are sitting beside me.

Peter O'Neill of Catten, No. 69 on the register, at that time had been in England for five years but he was also voted for. Number 75 on the register, John F. Ward, of Catten, had been in the mental hospital for a number of years and he was also voted for. Number 130, Bernard Ward of Fairglass, is in America—he had lived only a quarter of a mile from the polling booth—and he was also voted for.

I stated in this House that there were six people I knew of that were voted for. I cannot say how many people were voted for. I do not know. The situation in that polling booth on polling day during the local elections was that the Fianna Fáil Party had no personating agent in the booth and, in my opinion, did not require one: they were doing damn well without him.

There was no such thing as a personating agent for the referendum.

If the Deputy had been listening to me he would know I am talking about the local elections. I could tell a story about this constituency in the referendum also. The Fianna Fáil Party had no personating agent. The Fine Gael Party had a personating agent in the booth.

It was not much use.

If you are trying to encourage this type of stuff that is your business.

Deputy Reynolds must be allowed to make his speech without interruptions.

You have the biggest bundle of rogues since Ali Baba over there.

The personating agent representing the Fine Gael Party had to go to a funeral in Cornageehar church, a distance of a quarter of a mile away, and left the booth to attend the funeral. When he came back from the funeral he got a side look at the register in the hands of the polling clerk and he saw two names crossed off, two of the people I have just mentioned, and he knew then there was some type of fiddling going on in the booth.

On the morning of the count he reported the matter to me and told me what had happened in Woods' house on the previous day. I was rather busy that morning and I sent Councillor McDonnell to report the matter to the Garda superintendent, which he did. Some days later two gardaí visited me at my own house and asked me to make a statement. This is about 16 months ago. As far as I remember, I told the gardaí in my statement to see Councillor Pat McDonnell, that it was his immediate area and that he would be better able to advise them on the matter than I would. But I made a statement and signed it. I remember that being in the statement.

The Minister said yesterday that I made allegations that there were nine personations. I should like the Minister to say, when replying, where I said there were nine personations and to whom did I say it. Some days afterwards I went to the returning officer and lodged with him an amount of money which put me in possession of a copy of the register that was used in the polling booth on that particular day. When I got the register I called to see some members of the Fine Gael Party who know that particular polling booth area and they gave me the names of the people I have just read out.

Shortly after that there appeared an item on an agenda of the Leitrim County Council in the name of Councillor Peter Charles, who is a Fianna Fáil county councillor, asking to know if the presiding officer had been paid and if the polling clerk had been paid. Some time shortly after that this notice of motion was withdrawn and then there came on a notice of motion in the name of Councillor Joe McCartin, who is a Fine Gael county councillor, to ask if the presiding officer in Woods' house was paid for the local election, if the polling clerk was paid or if there were any results from the investigation that was supposed to have been carried out by the Garda. The answer by the returning officer to the three questions was "No"; the presiding officer was not paid; the polling clerk was not paid and there was no result from the Garda investigations. Then there was a general discussion about the personations in the booth.

If the Minister thinks for one minute that I am using the privilege of this House, I would ask him to read a copy of the Leitrim Observer of 26th October and the Roscommon Herald of the same day and he will find that neither I nor any member of the Fine Gael Party on the Leitrim County Council is using any privilege to make these allegations. They are true. If he looks through the paper he will find a full discussion on it. I will read only some of it as time is running out on me:

Allegations that in last year's Local Elections and in the recent Referendum there were some irregularities in voting in County Leitrim were made at the monthly meeting of the Leitrim County Council in Carrick-on-Shannon.

A Councillor named five people who, he alleged, voted despite the fact that they were not available to vote and one person who "voted" in her maiden and marriage name.

The matter arose at the meeting when a notice of motion tabled by Cllr. J.J. McCartin which asked if the poll clerk and presiding officer had been paid for their services in a polling booth (named) on the day of the local elections, was reached.

Mr. McCartin also asked if the Secretary knew the result of Gardaí investigations into alleged irregularities at this booth.

Mr. G. Ward, County Secretary, when the items were reached replied: "In both cases the reply is no. We have not paid and I don't know the result of the investigations."

Mr. McCartin said there was plenty of time to deal with this situation. He had evidence that seven people voted in this polling booth who were not available to vote.

Mr. McCartin then stated: "The names for the information of the Council are..."

and it goes on like that. I would suggest to the Minister or to any of his colleagues who do not believe me that they should invest in either of these local papers.

Again, to disagree with the Minister's statement that I am using my position here as a privileged Member or using the walls of this House, may I say that in the recent referendum, at public meetings held in Carrick-on-Shannon and in Mohill, I spoke on behalf of the Fine Gael Party and I told the people who were listening to me that if they wanted advice about the third and fourth amendments not to be afraid or ashamed to ask the presiding officers but for God's sake not to take their advice because they were a whole Fianna Fáil outfit, with very few exceptions. I then went on to tell them what happened in Woods' house in the last local election. When the Minister says that I am using my privileged position here, he is not speaking the truth. I am sure the Minister will agree that I am not taking any advantage of my position as a Member of the House.

I know the Ballinamore area very well because I represented that area on the Leitrim County Council for 30 years. This time we had a very close count and at one stage in the count there was a question of two votes between a Fianna Fáil candidate and a Sinn Féin candidate. If the Fianna Fáil candidate received any No. 1 from Woods' house he should have lost the seat. If he received any No. 2s or No. 3s from eliminated candidates, they robbed Sinn Féin of the seat and thus gave a freak result in that area.

After the local elections, Councillor Peter Charles again found time to get out to thank the electorate for electing him and said that he was the only out-going candidate who had increased his vote during the election. If he had many presiding officers such as this fellow in Woods' house, it was not a terribly hard job to increase the vote. He also made sure to say that the Fine Gael Party were making allegations about personations in Woods' house but that he knew that nothing was going to happen about them. I wonder how he came to know that? Did the Minister for Justice tell him? Did the Garda tell him or who told him? I did not know.

I want to say that if there is no one brought to justice for these irregularities, I am not blaming the Garda. I know the Garda who investigated this case. I know the sergeant. I know the superintendent. I would be unfair to them if I did not say here today that they are honest, hard-working, decent people and if this case falls by the way it is certainly not their fault. If it was left to them, I have no doubt but that they would have prosecutions.

In view of the fact that the presiding officer and the polling clerk did not make any statements to the gardaí when they called on them, the only thing the returning officer could do was withhold their payment. That he did and they have not been paid for the work that they did on that particular day and one of them, the presiding officer, was unemployed and I know that he could be doing with £5 or £6 for his day.

A Deputy

Did he sue for it?

He did. He got legal advice. He took the matter up with the returning officer. The returning officer sent the file to the county council solicitor who advised him not to pay, to let him go on with the case. He still has not gone on with the case and the county council solicitor was prepared to summon the gardaí to bring them in as witnesses.

This polling clerk, Mrs. Woods—this is the most annoying thing about this case—was reappointed in the referendum as a polling clerk after its being proven beyond any doubt that she was not capable. I do not know what has happened yet. I discussed this matter at the time of her appointment with the returning officer and pointed out to him the danger of it. He said, "Are you objecting to her?" I said, "No. I do not object to presiding officers or to polling clerks." I did once in my life and I am dealing with returning officers for over 30 years. I was election agent for my mother who represented the Sligo-Leitrim constituency in this House for 30 years and I have a fair knowledge of returning officers. I objected to one returning officer in my life and he would not accept my objection and I had just reason for objecting.

Last night I was interviewed here in the House by a chief superintendent. I do not know why he was sent to me. Perhaps, it was to test me. I expect it was the Minister for Justice who sent him and I want to tell the Minister here and now that I have the greatest respect for the gardaí—no men in this House has better respect for them— but he is not going to frighten me with them or to frighten any Member of my Party.

Deputies

Hear, hear.

I stood up to the Garda in just the same way as the people of Ireland stood up to the crowbars when it was necessary for them to do so.

The allegations made last night in this House by Deputy Reynolds were made, naming certain identifiable people for the first time, as far as I am aware, and alleging criminal offences against them. As a natural result of that, he stated that he knew who these people were and he named them. The Attorney General was duly notified and, in consequence, a Garda officer was sent to the Deputy to ask him to make a statement on the matter, which would assist the gardaí, if the allegations were true, to bring the people concerned to justice.

I notice that the Deputy has been quoting bits of what evidently suits his case from some local papers down there. In the quotations—I have not seen these papers myself—neither of the people that he named in this House last night is mentioned and I am quite sure that if they had been mentioned at this local authority meeting, and if their names were in that paper, the Deputy would have told the House tonight. There was not one mention of the two individuals whom he named here last night as having committed criminal offences.

He challenges me to state where I got the information about the number of people he complained had been personated in that particular polling booth. Of course, the information came from the statement he himself made to the Garda. I have a copy of it here. He, evidently, was running from——

I am not running away.

——statements that he made last night when he named three people who had not voted at all and, of course, the fact is that he actually named nine people in the statement that he made to the Garda in the first instance which was, speaking from recollection, some three days after the local elections. I have the papers here——

Are the papers burned on that file, too?

The statement made by the Deputy and taken by a garda was as follows:

I would be thankful if you would investigate the list of names which I gave to the superintendent at Carrick-on-Shannon as I believe that some of those people were not available to vote and some of them were voted for, if not all of them. Those people referred to Catten polling booth, Woods' house.

The statement has been read over to me and it is correct.—Signed: Patrick J. Reynolds, Election Agent for the Fine Gael candidate.

The following was the list of names:

4 Mary Kate Cassidy; 9 Maggie Cunnion; 10 Mary Cunnion; 16 Maria Gannon; 25 Paddy Higgins; 36 Michael McCabe; 70 Peter O'Neill; 76 John F. Ward; 50 Mary McNally.

When he read the original thing, he said some of them——

If not all of them.

The Deputy will not shout me down. I am quoting the statement made to the Garda by Deputy Reynolds.

You are not. You are misquoting.

You quoted——

(Interruptions.)

They are trying, Sir, to shout me down, to do the same as they did to Deputy Boland last night but they will not succeed in doing that. These were the allegations made by Deputy Reynolds to the Garda and he named all these people that I have mentioned and alleged that all of them had been personated.

The statement said some of the——

These allegations were fully investigated and it was found that there were five votes illegally cast in that polling booth.

The booth concerned has a register of about 141 and there were approximately 126 votes cast. At all events, the gardaí were satisfied, having taken statements from all the people concerned and having seen the documents that there were five cases of personation in that booth.

Another inaccuracy of Deputy Reynolds was that the polling booth presiding officers made no statements. In fact, they did. The gardaí took statements and interviewed everybody including the Fine Gael agents. It is correct to say that there was no Fianna Fáil agent there, except one bringing people into the booth.

That is wrong.

Would Deputies allow the Minister to make his statement? He has only three minutes left.

The Minister is not telling the truth. Deputies do not believe him and the country does not believe him.

The truth is that the Deputy cannot take it. There was a Fianna Fáil personating agent there and there was a statement from him. There was also a Fine Gael agent there who was in the booth practically all of the time, with the exception of about half an hour. He has made a statement to the effect that he did not notice any irregularities. The gardaí interviewed everyone who was concerned with that booth, the agents, the returning officer, the polling clerk, the garda on duty at the booth and anybody whom they thought could give any assistance in the matter but they were unable to find any evidence that would bring to justice——

On the Minister's instructions.

All these statements went to the local State Solicitor, after full investigations, from the gardaí but the State Solicitor knew, of course, that there was no evidence——

Read the presiding officer's statement.

Last night, for the first time, Deputy Reynolds named people who, he says, were guilty of this personation. It was in the House that he made these allegations and said that he knew who the guilty parties were. When the Attorney General was informed, he immediately directed the gardaí to see the Deputy and find out if he could assist them. In pursuance of the Attorney General's direction, the superintendent called to see the Deputy.

It is not fair to be using the gardaí for this purpose.

He refused to make a statement.

That is wrong.

He ran away from the allegations.

The Dáil adjourned at 5.30 p.m. until 3 p.m. on Tuesday, 5th November, 1968.

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