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Dáil Éireann debate -
Tuesday, 18 Feb 1969

Vol. 238 No. 8

Criminal Justice Bill, 1967:Second Stage (Resumed):

Question again proposed: "That the Bill be now read a Second Time."
Debate resumed on the following amendment:
To delete all words after "That" and substitute: "Dáil Éireann declines to give a Second Reading to the Bill on the grounds that certain of the provisions contained in Part IV and Part VIII constitute an unnecessary interference with long established democratic rights of citizens and may involve An Garda Síochána in matters of a party political character."
——(Deputy M.J. O'Higgins)

When we adjourned last Thursday I had said most of what I intended to say on the Criminal Justice Bill. However, there is one matter—I do not know whether or not we are allowed to discuss it—which I should like the Minister to bear in mind and that is uniformity of fines or sentences. Offences which would seem to the layman to be of a similar nature very often carry different fines or sentences. An instance of where this uniformity is lacking is in cases where a person up for the second or third time on a charge of housebreaking gets a suspended sentence which will not be enforced provided he is of good behaviour for 12 months. He is only asked to do what every honest, law-abiding citizen is supposed to do at all times, and if this condition is carried out then there is no other penalty. At the same time, we see cases where somebody caught in a public house ten minutes after the official closing time is fined £2. Surely a man who happens to be a few minutes late finishing his drink cannot be regarded in the same category at all as a housebreaker who has been convicted for the second or third time.

We are heartened by the thought that the Minister has agreed to amend sections 30 and 31, because originally the Minister told us when this Bill was first being criticised that the criticism was ill-informed and misguided. However, he now realises himself that it was not all that misinformed or misguided. Not alone had we his word, but the Minister for Local Government came in and speaking at a dinner in honour of the Minister for Justice assured us that there was nothing in the present Bill of which Fianna Fáil could be ashamed. May I say that the Minister for Local Government was as near the truth in that instance as he was when he tried to force the referendum? If Fine Gael feel that the Minister goes far enough in amending sections 30 and 31 then they will be satisfied with him, but if they do not feel that they will continue to press for further amendments. The Succession Bill, when it was finally passed, bore little resemblance to what was originally introduced. Who knows but this Bill, when it is finally passed through this House, may turn out to be a lot better than it was when it was originally introduced by the Minister?

I want to make a few observations on this Bill. From listening to people outside speaking on this Bill one would imagine we were a lot of dictators here and that we wanted to injure everybody. In introducing this Bill, the Minister did so for the benefit of all the people and not for a section of the people. In my time in this House I never saw a Bill introduced here but there was some objection to portions of it. On this occasion we have some very good sections in the Bill.

I am delighted to see the section which deals with flick knives and ordinary knives. I feel it is the most criminal thing possible for a man or a boy to produce a knife. I would prefer to meet a man with a gun than someone with a knife who might possibly stab one in the front or back, the heart or chest. This has been going on too long. There are cases pending at the moment and I do not want to make a statement, but I would suggest to the Minister that it is time the Minister for Justice or the Department of Justice put a stop to the use of knives by anyone on his fellow man or woman. An example should be made of such a person. I know an unfortunate boy living near me in Santry who had a very good career in front of him. He was beaten up by a number of thugs while leaving a dancehall. One of them knifed him. That is three years ago now and that young man is a wreck today. In dealing with these thugs who are going around beating up people who disagree with them it might be a good idea to put men into plain clothes in order to catch them. I believe the Garda are doing a good job in the city, but I want to feel that anybody can walk freely in this city without being molested. We are too chickenhearted in dealing with these people.

We have another position in which everybody wants to be a law unto himself, so far as I can see. Public men are fair game for abuse at all times and in public life you must expect that. We now find the position that a few people can hold up the whole traffic of Dublin. Is that freedom of democracy, when people cannot get to or from their business or move around on their business? We are talking about freedom of speech and other freedoms. Is it freedom when a number of people can sit down on the streets of Dublin and hold up the whole city? Are we going to tolerate that type of situation? I should like to see another Hyde Park in Dublin where people could come along and preach anything they liked, but to go out and hold up the thoroughfare in the city of Dublin is another day's work. In the city, no matter what one's calling is in life, everyone is going to, or from, or about his business. Is this idea of the people taking the law into their own hands and saying they are going to object to such and such and so-and-so and sit down on O'Connell Bridge — is that democracy? We must do something to stop this type of blackguardism. If it were decided to go any place in the city, and even if the Corporation and the Government would set up a special park with special stands where people could preach, or roar, or shout that would be democracy, but it is not democracy to interfere with the citizens who walk or drive through the city. For that reason I feel very strongly about the Puritans who have been criticising us. It is one thing to have a peaceful march in the city in a democratic way. That is no harm if it does not interfere with traffic. I should not like to see decent people marching like that being interfered with.

We have too many housebreaking charges and I would like to see if the Department of Justice could trace the receivers. I should like to see them severely dealt with because they are encouraging crime and encouraging people who are engaged in stealing and housebreaking. I feel we should do whatever we have to do to try to deter these people more and more.

It is not my intention to say very much more on the Bill. So far as I can see, with the exception of a few amendments that the Minister himself has promised to insert at Committee Stage, it is a good Bill and in my estimation the Bill is long overdue.

Notice taken that 20 Members were not present; House counted, and 20 Members being present,

It was very nice of Deputy Reynolds to ask for the count. He wanted me to have an audience. I was getting on reasonably well. I was dealing with house breakers and others of that type. There is another type who should be treated more strictly. It is the motor car thief. Terrible inconvenience is caused by people who steal cars. A businessman may pull up his car at some space where he will not be penalised for parking. He goes in to do his business and comes out to find that his car had been stolen. I know that the courts should be given every possible freedom and I know that judges and district justices give proper decisions in all cases, but I think stricter action should be taken against car thieves. Such people always have excuses — they say they did not know what they were doing and that they come from decent families. Indeed, I have often been approached in cases of this kind to intercede for these people.

However, the inconvenience they cause is incalculable. Hundreds of cars are stolen each year and though the guards find many of the culprits it is difficult to undo the inconvenience caused to decent people going about their business in the normal way.

I am pleased that the Minister for Justice has adopted the human approach in this Bill. He has decided to deal leniently with first offenders and, in certain cases, with second offenders. I have spoken about the people with knives, with those who sit down on the streets and stop traffic. This, according to them, is supposed to be democracy in action. Another favourite pastime is abuse of the Garda. They are our police force, there to enforce law and order. Sometimes they have to protect even public men against people who would try even to take over this place or other places. The Garda have been doing a good job to keep law and order. I should like to see extra gardaí on duty outside dancehalls in this city, particularly when dances are over because there are always thugs at some of them ready to beat people up. Taking everything into consideration, the Minister has done a good job in this Bill and I wish him luck with it.

This is one of the most evil Bills which Oireachtas Éireann has ever been called on to consider, because this is a Bill which asks the people's representatives to give power to the police force to ban public meetings. There is no qualification in this evil measure as to the type of meeting which may be prohibited. There is no guidance given to the police force to indicate the type of public gathering which is to be regarded as contrary to the public interest.

The powers given are unlimited, unqualified and unprecedented and are not in any way justified by the circumstances of our time, nor could they be justified in any foreseeable circumstances. What is upsetting is that any Government should ask from Oireachtas Éireann such unlimited powers to do such evil things, and it is no consolation to us to learn after months of acrimonious debate and after the Government have been politically embarrassed, that for the time being they are having second thoughts about this wholly unwarranted measure. If the Government are having second thoughts it is only because of the embarrassment which they suffered in last autumn's referendum and because of the fact that, unavoidably, they will have to face the electorate this year. Were it not for these two important facts the Government would not in any way be qualifying the powers they are seeking here to restrict and to prohibit public meetings.

Section 30 purported to make it obligatory according to the law of this land for any person organising or holding any public meeting to give notice to a superintendent of the Garda Síochána. I know of no other country in the democratic world in which it is obligatory on citizens to give notice to the police force of an intention to hold a public meeting. To suggest that it were necessary to do this in order to prevent traffic obstruction is to advance an excuse for a wholly unjustifiable action. There are those who have, quite wrongly, suggested that this Bill is the product of bureaucrats, of ruthless, faceless men in the corridors of power who are not members of the Government. It is unfair to say that because the responsibility for any Bill lies with the Government. A Bill of this kind if drafted at all in the bureaucratic corridors has to be submitted to the Government and that requires the circulation of copies of the Bill to every member of the Government many days. if not in some cases many weeks, in advance of the consideration of the Bill by the Government. Any Bill such as this Bill has then to be solemnly and formally considered at a Government meeting of which due notice must be given to all members of the Cabinet. That is a necessary and unavoidable procedure. This Bill was so considered. This Bill was so circulated. This Bill was, therefore, examined or ought to have been examined by each and every member of the Government before the Government gave their nihil obstat, its imprimatur to the measure. Therefore, the responsibility for the outrageous proposals in this Bill lies fairly and sequarely on the Taoiseach, Deputy Lynch, and the men selected by him to be members of the Government.

They and they alone are responsible for seeking powers here which no dictator in recent times has ever sought by edict or otherwise to take unto himself. Therefore, we must condemn the Government and nobody else for this measure. We must fear the Government and nobody else. We must protest against the Government and against nobody else and we must justifiably seek our revenge against the Government and nobody else. If there be any advisers to the Government who wrongly advise the Government it is for the Government to reject the advice; it is for the Government to consider and balance any advice given to them; it is for the Government to consider and weigh and amend if necessary any legislation drafted for them. Therefore, if the Bill was drafted for them in this form it was for the Government to reject the draft which was put before them. The Government did not reject it. The Government did not amend it as far as we know and if they did they certainly are responsible for the text as put before Dáil Éireann.

Every iota in this Bill is the responsibility of the Government, the Taoiseach and all his Ministers. The Minister for Justice may have some measure of Departmental responsibility but that is as far as it goes. If any Minister proposes a Bill to any Government it is for the Government to accept the responsibility and then the Government can amend any draft submitted by any Minister. It would be wrong, therefore, even though it might be tempting for us to do so, to put blame personally on the Minister for Justice; the blame must lie entirely on each and every member of the Government. Therefore, when the Taoiseach appears in public with a woebegone look on his face of "it is all rather beyond me and I am not really responsible" it just will not do. He is responsible as Head of the Government for all the odious proposals contained in this evil Bill. On that account the Government together must be condemned.

We cannot be in any way comforted by a partial withdrawal by the Minister, on behalf of the Government, of some of these proposals, a withdrawal which, of course, has not yet been made but which is promised. We cannot be comforted because we know it is done unwillingly, reluctantly, because time and time again in the course of public debate after Fine Gael tabled their amending proposal, the Minister has come forward and has endeavoured to justify every section of the Bill. If the Minister now makes any amendments it is because he is forced to do so out of the only thing that the Government take into consideration and that is because of political embarrassment and for no other reason.

If by some strange miracle of fate the Government were to be re-elected at any time in the future it is certain, as certain as I am standing here now, they would bring in a Bill as evil and as odious as the one before us. If they should again get their hands on government, after the next general election they would bring in proposals just as outlandish and just as unwarranted and just as undemocratic as the Bill we are asked to consider at present. The right of peaceful and orderly assembly is an essential part of the democratic way of life. There is no other way in which people can freely express themselves or more effectively express themselves than by way of public meeting. A public meeting can be organised in a way which no amount of letter-writing or no amount of usage of other media can equal and, therefore, to restrict this essential liberty is to put a very severe embargo on the right of freedom of expression. There is certainly every reason to restrict violent assemblies, disorderly assemblies, groups of people who are bent upon an evil purpose, or any public meetings which cause much greater disruption and inconvenience or restrictions on other people than are warranted in regard to the purpose for which the meetings are called.

These are matters which can be dealt with by simply drafting legislation if there is any need to draft it but I think that the ordinary decencies which are observed by the people of Ireland are sufficient to enable us to continue in future as we have in the past. We have public gatherings without having to have an umbrella of restrictive and intimidating legislation. I know that many people in public life, including myself, who had occasion to call public meetings in the past have made a practice of notifying the Garda Síochána where such meetings were proposed to be held in public places, not because there was any legal obligation imposed on us to do so, not because there was any legal sanction if we did not do it but because it appeared to be the reasonable thing to do. But if the Bill, as it is proposed in Second Stage and as it is now debated, were to become the law of the land, I, for one, would refuse to give notice to the police force of my intention to hold a public meeting. Even if I were to be visited with imprisonment for failing do it, I would refuse to give notice to the Garda Síochána of intention to hold a public meeting under section 30 of this Bill as drafted no matter what penalties were imposed on me for failing to do so.

I say that at the moment I give notice whenever it is proposed to hold a meeting in a public place because there is no sanction to be imposed upon me if I fail to do it, because it appears to be the reasonable thing to do, but the day on which this House of the Oireachtas and the other House would pass an unreasonable measure I would say that reasonable men would be wrong to obey such an unreasonable sanction and that the proper thing to do would be to show one's contempt for such an outrangeous law by refusing to obey it.

I have no doubt that the Minister in his anxiety to hit about him in all directions will probably declare this as an appetite for anarchy on the part of the Fine Gael Party. We are indifferent as to anything the Minister may say because the public are unlikely to accept anything which he may now say, having regard to the fact that for so long he refused to make any amendment, and then made an amendment, and having regard to the fact that he is publicly shown to be in the wrong and publicly shown to be abusing the privileges of this House and attacking an innocent citizen. He refuses to make what ought to be a proper apology for it.

If the Deputy wants a discussion on this — it does not arise on this Bill — he can have it and we can proceed with the Deputy's colleague's slander campaign on a suitable occasion here but this is not the suitable occasion.

With respect, it is proper for me to anticipate what the Minister's reply may be to the remarks which I have made on section 30——

The Deputy should wait until he hears the reply.

——particularly having observed the fact that the Minister made a note when I was speaking. It is also not unreasonable that I should base my anticipation on the Minister's past conduct or upon what public opinion may now be of the Minister. The section to which I have referred is, therefore, one which should never have been put into a Bill which was submitted to the Oireachtas and the Minister stands, with his colleagues in the Government from the Taoiseach down, as unqualifiedly condemned for all time as unfit to hold the reins of office and, indeed, unfit to be members of a democratic Parliament for ever having conceived and given birth to such outrageous proposals.

Section 31 is equally offensive. That is the section which gives power to impose conditions in regard to, or to prohibit meetings and processions. In the past I have condemned efforts on the part of the present Government, and the Minister in particular, to misuse the Garda Síochána. The Garda are as fine a body of men as any country could have as a police force. They have given unselfish and impartial service to all sections of the Irish people irrespective of politics, religion or social background. But in recent times there have been very obvious indications that the Government were bent upon trying to use the Garda Síochána for political purposes. We have seen on many occasions, where industrial and other disputes arose, that the Garda were obliged, on Ministerial direction, to impose or threaten the full majesty of the law and to bring before the courts and to hold before the odium of public condemnation citizens who were never wrong before. We have seen that as soon as the political purposes of the Government had been served by such a process the Government could just as quickly direct the Garda to stop such actions and just as quickly could release from jail the people whom we were asked, days beforehand, to consider as enemies of public peace and public order and the welfare of the State. This is an improper use of the law officers of the State. It is an abuse of the police force. It is grossly unfair to members of the Garda Síochána who should be the friends of everybody and not made the tools of the Government because they fear demotion or unpopular transfers or some other penalty which a ruthless or reckless Government would not hesitate to use.

In an atmosphere in which we are aware of the Government's behaviour in that regard we must, therefore, be doubly anxious about their proposals in section 31 which would give a right to a police force directed by them to impose conditions in relation to public meetings both as to time and place. Such restrictions and conditions are not necessary in statutory form. So far as our people are concerned, as I have said before, the overwhelming majority give notice to the Garda and are only too glad to comply with suggestions which they may make regarding the time and place of public meetings. It is only proper that people should give such reasonable notice and that people should have such reasonable discussions with the Garda but if we cannot achieve a consensus of wisdom by such processes we shall never do it by making it statutorily necessary to have such consultations.

Therefore, apart from the fact that sections 30 and 31 are evil in themselves we should not have them on the Statute Book and they should not be proposed for it because as they are evil they are also unworkable and would lead to greater chaos and disorder and more anarchy than anything we may already have. Some years ago, for instance, the present Government for the first time made it a law to obtain Garda permits for certain collections. Since then there have been several cases of serious disorder and near riot because certain people, for their own strange reasons, decided that they should not seek such permits. Such legislation has not prevented any undesirable collections taking place, using the word "undesirable" in inverted commas. I am using it in that way because certain people might regard them as undesirable; others might regard them as highly desirable. Such legislation has not prevented the type of collections taking place which it was sought to prevent at the time the legislation was going through this House and the Seanad. In the same way, even if sections 30 and 31 of this Bill were to be passed into law, they would not prevent public meetings and public demonstrations of the kind which the Minister and the Government say they are seeking to prevent; they would go ahead. People who will not at the moment perform the reasonable action of consultation with the Garda are not going to observe the law which seeks to impose this on them as a statutory duty and which seeks to impose penalties on them for failing to discharge that statutory duty.

So that, here we have a purposeless Bill, an evil Bill and a provocative Bill which will create more trouble than could be avoided. It is a Bill which would only bring the law into contempt; it is a Bill which would only bring the Garda into contempt; it is a Bill which serves no useful purpose but which, unfortunately, serves very many evil and undesirable purposes and therefore those who conceived it, that is to say, the members of the Government, must certainly be very, very strongly condemned, indeed.

Some sections of the Bill do not merit the same condemnation. In fact, some of them are highly desirable. The section which seeks to impose very severe penalties for carrying offensive weapons is most desirable. Our only regret is that it was delayed for so long. Section 22 is one which we in the Fine Gael Party welcome without any hesitation, but we are tempted to remark that it is unfortunate that it took the Minister so long to bring in section 22 as a proposal to this House. For too long we were told that it was impossible to legislate against flick-knives, to legislate against dangerous weapons of that kind, because of the difficulty in distinguishing between a pocketknife and a domestic knife on the one hand and a dangerous weapon on the other. It reminds me of the difficulty which we were told the draftsmen had for many, many years in trying to define "nursing home" and because they could not define "nursing home" we went for many decades without the legislation necessary to supervise nursing homes. Similarly, we have had, unfortunately, all too many cases of serious injury being inflicted and serious crime committed because of the Government's tardiness in providing a section such as we have in section 22 of the Bill.

I just wonder whether it goes quite far enough. Some instruments can be used which can inflict serious damage which one might not call knives. I know that one such weapon is a steel comb with a long steel handle on it which with any amount of even unqualified skill can easily be converted into a dangerous stiletto and I would hope that any steps which can be taken to restrict any weapon of that kind would be taken. I do appreciate, of course, that the section which refers to "any other article whatsover made or adapted for use for causing injury to the person" would probably cover something of that kind, but if there is any danger of anybody escaping the wrath of the law by saying that an article was more a comb than it was a knife, I hope the Minister will suitably amend the section.

To our mind, the ordinary laws which apply to the carriage of firearms should also apply to knives and any penalties which at present attach to the unlawful carriage of firearms should apply also to the carriage of knives. We are aware of two recent cases of tragic deaths in Dublin which are sub judice and therefore we do not want to go into great detail in relation to them but it does appear that they were related to the carriage of knives. These and other cases must cause us very deep concern and anything which can be done to hasten legislation to prevent the carriage of knives like that ought to be taken.

It is our regret that this very essential and urgently needed reform of the law should be put into a Bill which necessarily will take a considerable amount of time going through the House. As far as we are concerned, we have a solemn obligation to hold up any sections of this Bill which would seek to restrict the proper liberties and rights of our people and I would join with my Fine Gael colleagues in appealing to the Minister to withdraw this Bill and immediately to re-introduce a Bill which would contain the several sections of this Bill which are urgently required. Such a Bill could be given very expeditious passage through the House and we could at greater length, perhaps, then discuss the objectionable sections. I think that is the proper thing to do and if the Minister reflects carefully he ought to see the wisdom of that proposition. There is a real possibility that, if the Minister does not do that, this Dáil will be dissolved before the Bill becomes law and it will lie with another Government to introduce the measure necessary to deal with the agreed sections of this Bill. I think the Minister has done some good and he ought to get the credit for it. If he wants to get the credit for it, the simple thing to do now is to withdraw this Bill and to bring in an unobjectionable one dealing with the matters which require urgent attention and in relation to which everybody is agreed.

There are people more qualified than I to discuss in detail other sections of this Bill. Indeed, they have already done so. I suppose it is more a Committee Bill. Once one has asserted certain points of principle it becomes after that a Committee Bill and we can deal with it more properly at that level.

I should like to conclude by saying that any law which attempts to restrict the liberties of people, of even the most disreputable member of the community, is a law which attacks everybody. Any legislation which purports to control the actions of sections of the community who are regarded as unacceptable is legislation which curtails the freedom of everybody in that community. Therefore, we must resist attacks upon even the most disreputable members of our community when the cost of such attacks is that the liberty of everybody is interfered with.

There is, of course, justification for imposing penalties on wrongdoers. This justification springs from the necessity to protect other members of the community, but a Bill such as this, which seeks in many sections not to impose penalties for offences but rather to curtail indiscriminately the liberties of people, is a Bill which goes to the very foundation of our democratic way of life and one which is, therefore, totally unacceptable. It seeks to restrict our civil liberties. It seeks to restrict our civil rights. It does this without conferring any benefit on anybody, except whatever passing benefit the Government of the day might think would accrue to it by restricting the liberties and rights of certain people to assemble freely and express themselves freely and lawfully. Because of that we, in Fine Gael, oppose this measure on this Second Stage. We regard it as a measure which interferes with the essential rights and liberties of the people. We would ask the Minister, therefore, not to conclude this Second Stage without giving an assurance that he will withdraw entirely the sections to which objection has been taken so that on Committee Stage and Report Stage a quick passage can be given to those sections which are acceptable.

I feel in duty bound to speak on this measure. As a public representative I have an obligation to voice my alaram at some of the provisions in this Bill. There are desirable provisions in it. The provision making attempted suicide no longer a crime is most desirable. It is one with which most people will agree. Again, the abolition of the archaic distinction between felony and misdemeanour is very welcome. Those sections the Minister has stated he will amend on Committee Stage are, however, most undesirable. Had there been public apathy in regard to this measure it is more than likely that these sections would have been bulldozed through by the Minister and his Party and, had that happened, we should have had most undesirable legislation on the Statute Book.

Sections 30 and 31 have created widespread national alarm. As public representatives, we have been inundated with protests from public bodies, trade unions, tenant associations, farmer organisations, soroptimist clubs, and so on, and we have a public duty in this House to force the Minister to make the proper amendments or to delete the undesirable sections.

These sections are unconstitutional. In conscience I must oppose any sections in any legislation designed to whittle away the rights of the people. Our democratic rights and our freedom are precious things. We have little enough of them, God knows. It is obvious that this unamended section 30 is an attempt by Fianna Fáil to assume dictatorial powers, powers which would make life impossible for our people. That attempt has been made on a few occasions in the past. It was made recently in the referendum.

These sections should never have been introduced. Indeed, the Minister should have deleted them even before this Second Stage. They are undesirable, undemocratic and unconstitutional. It is just not good enough for the Minister to say he will introduce amendments on the Committee Stage because these amendments have been forced on him by the pressure of public opinion. I wonder what the next measure may be when the Government are defeated on this. The Government will stand seriously indicted if these undesirable sections are not completely transformed.

Section 31, which gives powers to the Garda completely extraneous to their normal functions and duties, would result in the Garda interfering in all public assemblies, meetings, discussions and so on. That would, in turn, give the Government more control. These sections violate all our democratic rights; if not amended, they will result in our being deprived of the right to free discussion, debate, or meeting on any topics whatsoever. Imagine factory employees deciding to discuss some problem in a factory being told they are committing an offence. How often do discussions arise spontaneously on many matters affecting workers? These could be declared illegal.

The public generally have done a wonderful job in expressing their concern over these sections. We re-echo their concern and it is our duty now to ensure that these undemocratic sections are deleted from this measure. As I say, there are desirable provisions in the Bill, but I am utterly opposed to the fingerprinting of suspects who have not been charged. The Minister must amend this provision, too. There are undesirable provisions in sections 20 and 21. I agree there are sections designed to protect the public but the sections which aim at whittling away our freedom and democratic rights more than justify a complete revision of the Bill and its presentation to the Dáil in proper form. We have seen what has been happening in Northern Ireland. In the past we have condemned the fact that people are deprived of their democratic rights up there. Some of our Ministers have been hypocritical enough to attack the system up there knowing, in their hearts and souls, that some sections in this Bill went even further than the powers given to the police in the Act in Northern Ireland.

This is a Draconian Bill. Unless it is properly amended I feel sure it will lead to extremists taking advantage of it to create anarchy. It will not serve any purpose except to involve the police in matters in which they would much prefer not to be concerned.

I want to support speakers who have called for the withdrawal of this Bill. Some of those who have spoken in favour of it maintained, funnily enough, that the Bill we are discussing is no longer in existence. I wonder if we are now on the Second Stage of a Bill which really is not in existence. I suppose that is partially true because the Minister said he will be amending certain sections of it. In his opening speech he gave some indication of his line of thinking on these amendments. So, we are to be deprived of a Second Stage debate on the actual Bill itself as it will be amended. This is a bad system by which to introduce important legislation such as this. Even though we will have an opportunity to debate it on Committee Stage, we will not have the wide-ranging discussion we would have on the Second Stage of the Bill as the Minister now feels he would like to introduce it.

It is a pity that this Bill was not withdrawn and separate Bills brought in to cover the various matters contained in this Criminal Justice Bill. I do not think that a Bill of this kind, which tries to deal with people who wield murderous weapons, such as knives and other weapons which can be wielded with fatal results, should also cover the conscientious citizen who wishes to protest against some injustice he sees in society. This Bill brings those two extremes together more or less. We are now debating a measure which proposes to deal with those two types of people who are, as you will agree, Sir, as different as chalk and cheese.

Parts of the Bill are good, and it is a pity that the parts covering dangerous weapons were not introduced months ago. During the past three, four or five years, various local authorities, county councils and private clubs and societies, have passed resolutions calling on the Government to introduce legislation to curtail the use of offensive weapons. During those years I have listened at Question Time to various excuses being put forward by successive Ministers for Justice as to why that kind of legislation could not be introduced, and as to why it could not be worked by the Garda and others who have to enforce the law. Even though it is late I welcome these provisions. I still wonder why they could not have been introduced many years ago when the demand and the necessity were there. We know that, if they had been in force, quite a number of people who suffered injuries, some of them fatal, from these weapons could have been saved that suffering.

The opposition to this Bill right from the start has been very vocal and demonstrative. No matter what the Minister may say the criticism has been constructive, and it has proved right. I said there was public demand for the sections of the Bill dealing with offensive weapons. I should say, also, that there was no demand for the sections dealing with curtailment of the right of individuals to come together to protest, and their right to have meetings. There was absolutely no such demand by an elected representative, by any clubs or associations or by any individuals. Last, but by no means least, I suppose, there was certainly no demand, as we have seen recently, from the grass-roots of the Fianna Fáil organisation for this type of restrictive legislation. So, I wonder what motivated it and who inspired it.

One organisation, the National Association of Tenants, has been singled out particularly in this legislation. The name has not been mentioned but one has only to read between the lines to find that section 53 is specifically aimed at that organisation. In existing legislation there is adequate provision for dealing with people who default in paying rents, or rates, or anything like that. The Minister and the Government want to go a good deal further and catch the leaders of this organisation or, indeed, of any other organisation, who would try to organise tenants and get them to fight in support of their rights.

There are not many ways in which local authority tenants can show their disapproval of certain measures taken against them by the central Government or local government. One of the most peaceful ways in which they can show their disapproval is by withholding rents. It now appears that, if this section goes through, not only will individuals who withhold rents be subject to prosecution, as was always the case, but people who organise or condone or encourage them in this type of practice will be prosecuted and will be open to the full penalties the law lays down. I know it is open to the Minister, under existing legislation, to declare an organisation which carries on activities like this illegal, but this is a far worse provision. It is not enough just to say it is as bad a provision as that; it is an even worse one. It is aimed at this national organisation, which is presently looking after the interests of the local authority tenants of this country.

It appears to me that the inspiration for this section came from the Minister for Local Government. I will not be surprised to hear that that is so. While we have problems and difficulties in our society, while people will always require some way of expressing disapproval of the Government, of local authorities or of anybody else responsible for creating those problems or allowing them to continue, we must remember it is only justifiable causes which get public support. One might imagine that all causes, whether they are justifiable or not, would get the support of the public, but this is not so.

Some individual or some organisation wants to protest about something and the general public feel they are not justified in doing it. That individual or organisation may protest and hold a meeting but they will not have support for long. If they cause inconvenience to anybody their supporters will be relatively few. I do not see any problem in regard to that type of protest and march which does not spring from good and valid reasons. It is the protest meetings and marches which spring from good and valid reasons, when some obvious injustice is being done, which gets the support of our people. The best way to solve that type of problem and march is not by legislation of this kind; it is by eliminating the causes which give rise to that type of demonstration because the causes must obviously be clear to everyone.

We had, going back a number of years, the marches and sit-downs of the farming community of this country. What caused those marches, protests and withholding of rates? One little incident caused the whole lot. That was the refusal of the Minister for Agriculture to meet farmers' representatives on the day they marched to Dublin. Just one little incident could have saved the country, the farming community and the Government all the trouble which ensued. If more care were taken by Government Ministers and the people in authority, that type of protest could be avoided altogether. Our whole aim here in the Parliament of this country should be to eliminate the causes which give rise to those big protests, those big marches, those big meetings, which do at times cause inconvenience to other users of the highway and can at time be exploited by a small minority of irresponsible people for their own reasons. As I say, it is only the very good and justifiable causes which will get public support and the big crowd. Those which are not justifiable, those which are for illegal purposes, will not have the support of the Irish people.

We should have confidence in our people to judge themselves what is a good cause and what is not. We should devote our time to eliminating the many glaring examples of injustice, lack of services and inadequate services, in respect of which people could protest and could march on this House every day of the week rather than trying to legislate to protect ourselves from our own deficiencies. We should try to settle the ills of the society in which we live.

In this Bill there is some good and a little bit of bad. Very often in a Bill like this we are inclined to read about the good and to forget about the bad. That could very easily happen in this Bill too, even though the Minister in his opening speech stated he is prepared to withdraw some of the sections, those sections which have been severely criticised from this side of the House.

There is certainly good in section 22, the section which deals with offensive weapons. We all know for a long time past that something had to be done about the use of flick knives. As mentioned by Deputy Ryan earlier, there are other types of weapons as well as flick knives. Quite recently I heard of a man who carried a bicycle chain. He put out his hand to stop a car to get a lift somewhere near Mullingar. He had the bicycle chain in his hand. The car did not stop. He threw the bicycle chain and it hit the window of the car. The car continued to move on with the result that he lost one of his fingers. None of us would have much sympathy for him. We would all feel it was good enough for him. A bicycle chain seems to be carried by a person who intends to take another person's life. Any people who carry weapons such as those should be severely dealt with. If the Minister thinks at any time that he should amend this section to cover this type of offensive weapon he certainly will have the support of this side of the House.

With regard to the sections which we all fear, that is sections 30 and 31, it has been the usual procedure in this country for many years for any group having a public meeting to notify, without compulsion, the gardaí. That courtesy has always been extended to the gardaí by such people. Whenever a public meeting was held the co-operation of the Garda ensured that everything went smoothly. The Minister is anxious to compel people holding a meeting to get permission from the local superintendent of the Garda. I cannot see the need for this. Is there some group of people in this country, whom the Minister is afraid of, and whom the rest of us do not know about, who will be holding a public meeting?

I think, if that is the situation, the Minister should say this and let us know what groups he has in mind. I am sure the greatest offenders of all about holding meetings are the political Parties that make up this House but I am sure the Minister has not these Parties in mind. It will be found from any side of the House that the Garda give full co-operation and, in return, the political Parties give the same amount of co-operation to the Garda. If the Minister decided to continue on that line, he would leave the Garda position utterly impossible. Somebody made reference to the recent disturbances in Northern Ireland. We can all remember one day when the Garda were blamed for moving in: the next day they were blamed for not moving in. Whether they move in or do not move in, they will be blamed. They are a section of the community who often have to carry blame—and it is not fair. If the Minister continues with these two sections then that is the situation that will be created: he will leave the position of the Garda utterly impossible.

In section 53, the Minister indends to charge the promoters of organisations who encourage the withholding of rates or rents or any such thing. To me, that section is pointed directly towards the National Farmers' Association. It is completely uncalled for and will not serve any purpose. Even if it were not directed towards that particular organisation, very often we find people protesting about something and, as the protest goes on and on, the leaders very often lose control of it. A limited number of people, in the name of a particular organisation, may decide to withhold their rates or their rents against the better judgement of their leaders. Under this section, the Minister is giving power to his Department to charge these people and they will pay the full penalty. I do not think that that would be fair. The Minister should have another look at the section.

I admit that we have a number of people who are protesting by way of marches and that we have a big number of these protests here in Dublin city. I do not think it ever got out of hand in recent years with the exception of the one occasion when the members decided to sit on O'Connell Bridge. Speaking from this side of the House, I certainly did not agree with that. However, people with a genuine grievance are entitled to carry out a reasonable demonstration such as marching through Dublin city or any other town in the country or anything that is within reason and that is done in a mannerly fashion, within the law.

I agree with those Deputies who say that the Government should try to cure the cause of these demonstrations. They should examine why people are protesting and parading and try to solve their problems rather than introduce a Bill such as this which seeks to prevent them from making these protests.

This Bill has some good points as well as some very bad points. The good points could have been introduced many years ago. There have been repeated requests for action in relation to flick knives and other such weapons or potential weapons. However, to flavour this Bill, the Minister introduced these matters now in the hope that they will help its passage through both Houses of the Oireachtas.

This is a panic measure to deal with the situation which this Government themselves have created. We have protests and we have unsettled conditions brought about by a Government not fit to govern. All they can do is to stop the people from protesting. We know what happened in the past when the Government tried to muzzle the people. We went out and we got free speech, in spite of the Government. Even though we had to put shirts of a certain colour on us, we did it.

This has nothing to do with the Bill before the House.

I am showing where the Government have failed in the past, in respect of measures such as this, to try to curb the rights of the people. They will only bring about a worse situation than was originally the position. We have seen certain elements riding on the backs of good causes. These elements could be dealt with quietly, before they start firing the bricks from the back of the crowd of those with a just cause. A lot of incidents would never have seen the light of day if this matter had been handled properly. Possibly, what we require in this city, which has the greatest number of protests, is something on the style of Hyde Park Corner on a Sunday morning where people meet and let off steam on various topics. There are some head cases to be heard at Hyde Park Corner, London, on a Sunday morning such as some of the head cases we have parading in this city.

It is suggested that certain elements from certain institutions which we need not mention are responsible for the trouble. I should like to know if some of these gentlemen are Irish nationals and how they got in here. Does it require a Bill such as this, as well as the time of this Parliament, to deal with such gentlemen? This measure is a steamroller to crack a nut. There is no need for a lot of it. It will only create more trouble. Consider students who should have been out of college many years ago. Are we to subsidise——

On Second Reading, we deal with what is in the Bill or what might reasonably be put into the Bill.

Are we to continue to subsidise these gentlemen if they create trouble? They could occupy their time to better account by attending to their studies rather than by taking part in agitations. It is about time some sections of our Departments cried "Halt". Different Departments have fallen down on their job. I could point to every member of the Front Bench of Fianna Fáil and show the root cause of this.

The Chair wishes the Deputy to keep to the Bill.

This could be eliminated without bringing in this nutcracker of a Bill. Maybe, if there was less public money wasted on this type of thing, we might have less trouble.

I thoroughly agree with the section dealing with flick knives, but it is rather confusing because if you measure a flick knife by the length of the blade what have you? There are young women today who are carrying knives in their pockets for protection. One cannot blame them with the elements that are abroad. Are we going to punish these women who are prepared to defend themselves? I never read of a case of a young woman stabbing anybody. Certainly, it is not something one hears of every day. I feel it is very hard to impose this on them.

With regard to meetings, processions and demonstrations, I said that if we had a Hyde Park of our own established here it might ease the situation. I foresee that if the Minister is going to try to put this Bill through he will have to start another force of gardaí like the one that was known as the Broy Harriers, because there are many young, decent gardaí and superintendents who do not want to be put in the position of deciding to whom they will refuse and to whom they will grant a licence to hold a meeting. It is trying to push over on the gardaí what is the Minister's own mind and the Minister, like a lot of the members of the Front Bench, is a bit upset these times.

The threat to introduce military custody is going to create unrest in respect of something that has never existed.

I would go a bit along the road in regard to the withdrawal of grants if I thought it would affect certain people who are wasting their time instead of studying.

There is a need in this Bill to eliminate a lot of the little points that are no way helpful and the Taoiseach should tell the Minister that if he is thinking of bulldozing such a Bill as this through the House it is not wanted by any section of the community. Even his own Ard-Fheis, no matter how they tried to talk people down and turned up the loudspeakers to talk people down, went away with a different outlook from what the Minister thinks. I warn the Minister that the day he tries to enforce this measure he will cause trouble and he will have to employ a force of Broy Harriers to enforce it. I would appeal to the Minister to have a bit of commonsense.

This Bill is published by the Minister for Justice and presumably in its original publication form, in accordance with normal practice, had the approval of the Government. It is another example of the slipshod manner in which the members of the Government deal with their ordinary day to day duties. The Minister for Justice has been pretty vitriolic in his condemnation of the people who raised objections to certain provisions of this Bill. Indeed, his speech on Second Reading has shown that he was pushed by those condemnations and correctly pushed to abandon some of the unsatisfactory features. If there has been a great deal of criticism of the Bill, of the Minister and of the Government, they have nobody but themselves to blame.

There are, of course, in the Bill some excellent provisions in relation to the consolidation of the law. One has only to look at the Schedule to the Bill to see the number of repeals going back to pre-Union statutes and statutes that were also brought into force here by virtue of Poynings Act. Incidentally, I am never quite clear why nobody ever talks of Poynings Act. The Minister will remember from his student days that it was always referred to as Poynings Law and never as Poynings Act but I see it has been given its more correct title. I suppose, in the Schedule to the Bill. It is, of course, highly desirable that the criminal law should be brought up to date by the repeal of all these old statutes that really have no relevance at all or should have no relevance at all in modern times. I feel that the work that went into that is work that should be praised just as I feel that the work that went into other aspects of the Bill to which I shall refer in a moment and to which others have referred is something that should be most critically condemned. We see a pattern emanating from the Department of Justice. One can only believe that it is a Fianna Fáil pattern because it was first indicated when Deputy Haughey was Minister for Justice and now it is coming out in this Bill under the present Minister for Justice. It is that these Ministers believe that nothing that we have here at all at present is worthy of preservation.

The Succession Bill, introduced by the former Minister for Justice, Deputy Haughey, was a Bill for which there was no public demand whatsoever. There was no need for that measure. It was an unwarranted measure and in its original form was something that shocked the conscience of the community as a whole. As a result of the pressure put on the Minister for Justice that Bill had to be radically altered and it was radically altered. It was, of course, in its radical form merely a photostat of enactments in other countries—enactments which may very well have been of great value to those countries but had nothing whatever in common with the Irish scene. So, too, this Bill is cast in the same mould in respect of its unreasonable and unrealistic provisions.

I know that the Minister has, in his Second Reading speech, given an indication of the changes that he proposes. It is a good thing that he has been forced to make those changes but, as I said at the beginning, we must remember that the Bill saw the light of day for two reasons and for two reasons only (1) that the Minister for Justice approved all the provisions that were in the Bill and (2) that the Fianna Fáil Government accepted that the Minister for Justice was right in publicising those provisions, in asking Oireachtas Éireann to enact those provisions.

If, therefore, the Minister feels that there has been criticism, unfair criticism even, of any of the provisions of the Bill, he has only himself to blame for introducing a Bill that contained so many unreasonable provisions that even on Second Reading, before he heard any discussion, he was forced to mend his hand.

Deputy Coogan a few moments ago referred to a provision in the Bill about the use of knives. I take leave to differ from my colleague in that respect. It is desirable that proper control should be exercised over the modern weapon of violence—the flick-knife—which is largely the equivalent of the unlicensed gun in America in respect of which there is such very strong feeling against any licensing at all. I shocked many people while I was in America last summer by saying that I could not understand any reason for their opposition to licensing. However, this is a matter about which individuals can differ. Deputy Coogan and I are perfectly at liberty to differ in relation to knives just as we might possibly differ in relation to the regulations that he is advocating for the cinema in Galway of which I read in this morning's paper. Whatever about legislation being necessary in regard to knives. I do not think it would be necessary in that case.

There is a feeling abroad at present —it is as well that it should be recognised—that it is a manly thing to kick against authority. Perhaps there has always been that feeling in youth but it has, I fear, throughout the whole world gone out of bounds now. I wish to say quite calmly and collectively that I am quite satisfied that the Garda, as a whole, administer justice in our country in a manner that is impartial and evenhanded and that they do not use any more force than they have to.

Occasionally, of course, one gets the odd garda who loses his temper—they are only human like anybody else— but it is only occasional and there must not be a general condemnation of the Force on that account. The gardaí have frequently acted with very great patience and restraint in relation to some of the demonstrations. We should not be progressive towards a society in which people who are educated expect greater tolerance from the officer enforcing the law than they themselves expect those officers to give to, say, itinerants. The approach in this Bill, as prepared by the Minister, is like taking a sledgehammer to crack a hazel nut. We will not get any respect for that sort of approach and we will not get any respect for trying to tamp down by the sledge hammer approach the sort of agitation which is now going on all over the world. We should give it the opportunity to blow itself off in a peaceful and democratic way.

The type of peaceful ordered protest march which this Bill first tried to prevent is something that is symbolic of our time and to prevent it being held in a peaceful and orderly fashion will only mean that it will be the authorities who will create the trouble rather than the people against whom such enforcement proceedings were aimed. I do not believe that the Garda Síochána considered the provisions introduced in the Bill originally by the Minister were in any way necessary for the purpose of enforcing law and order and ensuring that ordinary people could peacefully go about their avocations.

I do not believe they were necessary and the Minister has been wise in agreeing to delete these provisions from the Bill. The suggestion that every type of meeting had to be notified and that a person who was going to a meeting would, in fact, be guilty of an offence, as the notification would imply, was something that none of us would tolerate and it is a good thing that it is dropped but the attitude of mind is still there.

I think that it is the attitude of mind not of the masses of the forces responsible for law and order but the attitude of mind of one or two people who are anxious to avoid in so far as they can, any trouble for themselves and who believe that this method is one that would mean less trouble for them in the handling of difficulties as they arose.

We have seen the effect in the north of stupidity in handling emergent demonstrations. I sincerely hope that because of lack of understanding, lack of appreciation and lack of a sense of humour, those who are responsible for law and order down here will not allow matters to take that course which might have been the great danger if the Bill had not been amended in the manner in which we have been told it is about to be amended.

Debate adjourned.
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