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Dáil Éireann debate -
Tuesday, 9 Dec 1969

Vol. 243 No. 5

Committee on Finance. - Vote 20—Office of the Minister for Justice (Resumed).

Debate resumed on the following motion:
That a supplementary sum not exceeding £10 be granted to defray the charge which will come in course of payment during the year ending on the 31st day of March, 1970, for the salaries and expenses of the Office of the Minister for Justice, and of certain other services administered by that Office, including a grant-in-aid; and of the Public Record Office, and of the Keeper of State Papers and for the purchase of Historical Documents,et cetera.

When discussing this Estimate last week I mentioned particularly the conduct of the Minister for Justice as a public representative. My colleague, Deputy Dr. Cruise. O'Brien, has dealt at length with the Minister's conduct and I do not intend to repeat what he has said. The Office of the Minister for Justice is a very important one because it deals with the supervision of the administration of justice and its ancillary services. How this Office behaves and how the Minister is seen to behave has a bearing on how law and order is administered. It is important the public should know that not alone is justice done but that it is seen to be done. We should expect and demand that the Department of Justice be in the control of a man who is both human and humane; who will exact a high standard of public morality as well as being a man from whom high standards can be expected in return

I find it very difficult to understand the language used by the Minister. I would think that a man in his position should be concerned with truth and honesty, with the good name of others as well as that of himself. When a particular letter was produced in the House I noticed there was more concern in finding out who the "Maggot" Durcan was than with the fact that the Minister wrote the letter. It is a very bad reflection on public representatives and Ministers that there should be more concern over who the "Maggot" Durcan was than over the fact that the Minister for Justice wrote this letter. I think this accounts for the lack of respect for politicians and for the general acceptance that there is corruption in public life. The Minister has said that he stands by every word of that letter. I think it is deplorable that a letter coming from the Minister for Justice should contain such phrases such as, "for obvious reasons you will destroy this letter". We are not expecting too high a standard from the Minister for Justice when we expect him to be concerned with justice. We do not expect him to have the patience of Job or the morals of an archbishop but we do expect him to be a man who will not concern himself with breaking the law.

Would the Deputy say what law was broken?

I did not say there was any law breaking. I said that the Minister was concerning himself with the breaking of the law. I did not say that the Minister personally broke the law. Far be it for me to suggest that the Minister broke the law. I am commenting on the fact that the Minister has stood by a letter which to any normal person would seem to imply that the law was being broken.

Where is the suggestion in the letter to break any law?

The suggestion— may be I have read this letter wrongly, but from what I gather—was that a person should squat.

Is the Deputy aware that this woman went in with her cousin and she was with her cousin before she went to England? There was no question of squatting.

If what the Minister says is correct then thousands of people are fully justified in doing the same thing in the city of Dublin.

Is it wrong for somebody to go with a relative to try and get the transaction through?

Why burn the letter?

Perhaps the Deputy is not concerned with getting houses for people in distress; I am.

But not for the Minister's pals.

Deputy Dr. O'Connell.

It would seem to me that by using the phrase, "for obvious reasons you will destroy this letter" the Minister was aware at the time that what he was suggesting to the person was illegal and immoral. The Minister's Department is responsible for historical documents; I think this is one of the most historical documents to come before the House.

(Cavan): It should have been framed instead of burned.

Deputy Dr. O'Connell.

If we condone such actions by the Minister, if we do not stand up here and protest violently against them, then we are throwing public representatives into disrepute. It is time for this House to cast a cold eye on the situation.

With regard to legal aid in non-criminal cases, Ireland is one of the signatories to the European Convention on Human Rights but Ireland had reservations on the actual clause. The article provides that if a person has insufficient means to pay for legal assistance he has a right to be given aid free when the interests of justice so require. Ireland was one of the few countries to enter a reservation on this article. We should at least have an extension of the existing scheme to ensure that no one is sent to prison without being legally represented. I should like the Minister to give us details of the number of persons convicted in the last year and sent to prison who did not have legal aid at their trial. It is important that the Minister should provide this figure. It is a dreadful indictment of us that we should have reservations on such an important matter as this. Nowadays there is greater need for the provision of free legal assistance in non-criminal cases. The aid provided in 1965 is provided in the case of murder; in other cases it is provided only in exceptional circumstances. We cannot pretend to be a progressive country so long as we withhold free legal assistance from the necessitous. I would ask the Minister to give serious consideration to this. It has been estimated that the cost would be some £200,000. By effecting economies surely it should be possible to provide legal assistance at a much lower cost? I mentioned one case last week in which a person was deprived of legal aid because she could not provide at least £50. Since then I have had a few more cases in which people have not been able to pursue civil cases because they did not have the necessary finance. This is not a question of one law for the rich and another for the poor; it is a question of one law for the rich and none for the poor.

Desertion of wives and children is one of the greatest social evils of our time. Last week I read that 800 families were reported last year to the Society for the Prevention of Cruelty to Children and it was stated that this was merely the tip of the iceberg. It should be obvious to the Minister that such families stand in great need. It is all very well making maintenance orders but we must have the facilities to execute these orders on deserting fathers in Britain. This is an urgent priority and I ask the Minister to give very close attention to it.

Last year, I raised with the Minister the question of people committed to prison for non-payment of debt. The Minister said at that time that he wanted to make it clear that no one was committed to prison because he had not got the means. I wrote to the Minister subsequently about this because, on average, there are 150 persons committed to prison each year for non-payment of debt. This is a matter in relation to which I receive a great many inquiries, requests and representations asking me to appeal on behalf of these people. These people are denied legal aid. These are some of the unfortunates who cannot afford solicitors to defend them: unfortunate people, who, ignorant of the law, sign documents about which they know very little; they become involved in hire purchase transactions which they cannot afford to meet. The Minister said no one goes to prison because he cannot pay a debt. He said there must be an examination of a person's circumstances before he is committed to prison. I do not want to mention names but those closely involved in the execution of warrants have told me that the Minister's reply was bunkum, wrong, inaccurate and that he had no awareness of the facts. I would ask the Minister to look into these problems. We must ensure that those who cannot pay are not committed to prison because, when they are ultimately released, having served their sentences, the whole process of the law starts all over again. I raised this with a solicitor acting for a hire purchase company and I told him he served no purpose by having these people committed to prison and his answer was: "Oh, yes; when he is released we will start proceedings again and have him committed again". This process could be never-ending. It is important that the Minister should look into the matter and not just rest content with the bald statement that no one goes to prison because he cannot pay a debt.

The Minister said that he has no concern with new-fangled ideas about psychiatrists. He ridiculed the whole idea and he said when Freud and Jung disagreed, why should he bother. Surely he must be aware that those who commit crimes do so for various reasons or, perhaps, no reason at all? I had a case recently of a man who was sentenced to three years imprisonment for robbery. This man was utterly unaware of the gravity of his offence and, when I went to see him and suggested that he should seek legal aid, he was much more concerned about a trivial matter, a draught under a door and Dublin Corporation not providing a proper door, than he was about his impending trial and the risk he ran of being committed to prison. It was obvious to me there should have been a psychiatric report in his case. The act of armed robbery was so juvenile in concoction that it was obvious this man could not have been of sound mind when he committed the offence. His actions after being arrested would suggest to me the very same thing but still there was no psychiatric report on the case. The Minister has said that only when the courts ask for psychiatric reports or only when there is some obvious aberration is a psychiatric report sought. We have a Minister for Justice who should be concerned with the rehabilitation of criminals, with the fact that every effort must be made to restore them to society in order that they shall have their proper place in that society, saying "I do not go for that bunkum". That is exactly what he says if not in those words; he is not interested in these modern ideas. He says a prisoner goes into prison and that is it.

People were enlightened by a programme last week on television in regard to the lack of rehabilitation, lack of proper work-shop facilities in prison and the poor attempts being made to help prisoners. This is an indictment of the Minister who says: "Everything is fine in my Department and everything is going well." It is not good enough for a Minister to say this when we know there is something wrong in that system. I hope the Minister will extend facilities to other Deputies in our party and to myself who are anxious to visit the prisoners and see the conditions under which prisoners work and live. It is important for us as public representatives to see these conditions. I should like the Minister to apply himself a little more diligently to this problem which concerns so many people who find themselves in very serious difficulties.

Another point I want to raise before I conclude concerns probation officers for persons who have committed first offences. Are there adequate facilities? Are there enough probation officers to watch these cases and pay a little personal attention to them? Is the juvenile liaison officer scheme operating properly and have we sufficient personnel employed under this scheme to help matters?

I am very pleased that prisoners can be released on parole if their prison behaviour is exemplary. I had occasion to congratulate the Secretary of the Department because of what was done. The Secretary was very humane in acting for the Minister and he acted with great speed in having a man released because his wife was being hospitalised for a birth. We must be humane in matters like this and it was nice to see the Department act with speed.

In general, prisons and prisoners should concern us because our own people are involved. We should be concerned with this big social problem and I should like to see the Minister approach it with a determination to introduce the latest and most advanced methods in the rehabilitation of prisoners.

I should also like to see the question of road traffic offences dealt with so that the gardaí would be relieved of this aspect of their work. It imposes too much strain on them. If more traffic wardens were doing this work the gardaí could be relieved and thus enabled to perform the duties for which they joined the force. I should like to see this done because if more serious attempts are made to streamline the Garda Síochána we may reach a point where we will be able to cope with the vandalism about which the Minister agrees with me, especially in urban areas like Drimnagh and Bally. fermot. It is not sufficient that gardaí should be in patrol cars making fleeting trips through these areas. I do not believe one can detect or prevent vandalism in this way. You must have the man on duty there. The Minister will I think agree—if he makes inquiries he will accept it—that the number of complaints from these areas about vandalism is considerable. People are having distressing times with vandals. One boxing club recently built a club premises at tremendous expense and with the co-operation of the people of the area. The building was broken into and much of it destroyed. It is not sufficient for a police car to make one trip around the area at night because the vandals know when the police car is coming and when it has gone. There can be adequate protection for the public only if the police are on duty in the area. The number of gardaí mentioned by the Minister is inadequate to patrol this area and I would ask him specifically to consider increasing the number patrolling Drimnagh and Ballyfermot areas which need extra police protection.

These are the only matters on which I want to speak. I want again to ask the Minister to have an inquiry into the detention of the boy of 14½ to whom I referred. The father, whose word I must take, maintains that there has been confusion about the records of these twins. I would ask the Minister to be humane in this matter and again consider the detention of this boy.

I have been able to get to my feet at last after listening to at least 15 final points from Deputy Dr. O'Connell. It gives me a pain in the neck to hear people, particularly Opposition speakers, launching violent personal attacks on the Minister. It makes me think they have not studied their subject; that they simply have to vent all their frustration and hate on whoever is Minister.

I have heard various contributions about the probation and prison services, all made with great authority. The speakers usually conclude by saying that they would like to have an opportunity of visiting the various centres such as St. Patrick's or Mountjoy. All the research has been done in books. They have criticised various officers who are performing duties with a great sense of dedication in most instances, without having met these people or having any knowledge of what these people are up against. Listening to Deputy Bruton last week I realised that he has done a lot of homework but that he did it with books and did not actually go out and investigate the problem. For his education, if I may use the term, if he should read this debate, I should like to point out to him that when he criticised the probation officers and said he thought they should be of a higher educational standard, he had not met these people.

I know that the probation officers working in Dublin are very dedicated people, very sensitive to the lack of appreciation of the huge job they have to perform. They have a mammoth task to do when you consider that in Dublin, which has a population of 600,000 people, there are only five probation officers as against Belfast with a population of 400,000 and where there are 18 probation officers. The figure of 50 was quoted as a caseload for each probation officer, but in Dublin certain probation officers have as many as 300 cases, which is far in excess of the 160 mentioned by Deputy Bruton.

It is very difficult to get up here and criticise constructively when you have to listen to your Minister being attacked in the manner in which he has been attacked because one feels reluctant to add to criticism, although the criticism from his own side of the House is given with the best of intent and if only to assure him that his own public representatives are doing their homework. The question of the probation service is of particular interest to me because we have heard so much lately about young people and drugs. One of the causes of this drug problem is that many young Irish people who go to England get into trouble there and are sent back to this country. They may serve a short sentence in a Borstal institution in England but eventually they return here and very often they exert a bad influence on people here. This is why I take this whole question of the probation service so seriously. We must nip this in the bud and a first-class probation service is needed not only in Dublin but in our major cities such as Limerick and Cork. It is not enough to rely on voluntary organisations. We need full-time dedicated people in this work and if we have not got a sufficient number of those full-time people the probation officers will become so frustrated that they will eventually give up what they are doing and, as a consequence, the labour turnover in the service will be so high that at any given time we will not have people with any great experience to deal with the young offenders.

The Minister has stated in his Estimate speech that he has appointed an officer of his Department to examine the probation service. I hope the Minister will forgive me if I say that an officer of his Department is not the person to look at this. I may be incorrect in this assumption, but I feel if such an officer discovers great inadequacies in the service he may be fearful of offending his superior; he may be afraid of offending the Minister by drawing attention to the fact that there is something wrong within his Department. I am sorry to say this before I have seen this report, or even before the Minister has seen it, but I feel he will not get the true picture until someone is appointed from outside, maybe someone from across the water who has set up a probation service in some other place—it need not necessarily be England—but for an honest-to-goodness report the Minister will need to get someone from outside.

The problem of juvenile delinquency is growing and will continue to grow. Improvements cost money but it is going to cost much more money when these young offenders become hardened criminals. I understand from the Minister's speech that the crime detection rate has increased quite considerably. He states:

It is a cause for satisfaction and it is worth noting that the detection rate still continues at a high level, 61 per cent, which is above that achieved in any other country whose statistics we have studied.

I should like to know from which countries those statistics have been taken; are they bigger or smaller countries than Ireland? This country is so small that it is very difficult really for major crimes to go undetected—people notice strangers more easily in country areas—so that therefore it is only right that we should have a higher detection rate. We cannot take any great satisfaction from this fact because it is merely the geography of the country that allows this situation to exist.

There has been much talk about the various new attitudes being adopted towards those convicted of crimes. I do not know if anyone who, say, has had his house burgled has this particular feeling about those people, as one Deputy suggested, paying them trade union rates and stamping their cards. If a person embarks on a life of crime he should be prepared to take the consequences. There are, moreover, all sorts of crimes. This year, when my father was being buried, his younger brother discovered on his return from the funeral that his home had been broken into and burgled. This is a particularly mean type of crime and it is a particularly mean kind of person who does this. Some of these people look at the papers each day to see who is being buried so that they can rob the bereaved persons' homes. This type of crime is on the increase and I do not think we should go very soft on that kind of criminal.

A couple of years ago I visited St. Patrick's Institute and met the then governor, Mr. Kennedy, who may still be there, and I was impressed by the care they showed those in their charge. People say offenders should be taught to read and write—Deputy Bruton referred to that—but very often the sentences are not sufficiently long to teach those young people to read and write and the best one can do is to give the young person a trade in the shortest period possible. In actual fact, if we could have a situation where these people could voluntarily stay on to learn a trade, it might be helpful. There are, of course, bad children and there are good children.

I remember remarking to the governor that it was the parents of some of the children who should be in the institute and not the children themselves. The wardens in St. Patrick's Institute are most concerned for the welfare of the people in their charge and they would like to see a system coming in where there could be a follow-through by them. I sometimes think that no one has more knowledge about compassion than those prison warders. Some of these warders, in prisons like Mountjoy or in St. Patrick's Institution, should, if possible, be channelled into the after-prison services if they have a calling for that sort of work. I am convinced that the probation service needs serious attention. I think I have made my point on that.

I do not wish to appear to be one of those so-called authorities who sweep through every aspect of the work of the Department of Justice. No one, even Deputy Garret FitzGerald, can be an authority on every aspect of the Department's work—even a lawyer could not be such an authority. Sometimes we hear some of the most appalling statements—appallingly incorrect. I mean—by Deputies. For example, Deputy O'Connell referred to a person who does a term of imprisonment for not being able to pay hire purchase instalments and who, when he comes out, can be prosecuted again. What the Deputy did not say is that the prosecution is not for the same offence. A person might get the impression from what the Deputy said that someone could be gaoled over and over again for the same offence. That is not so. Sometimes it is not what one says but what is left unsaid which puts people in doubt.

Another subject, on which I have already spoken to the Minister, is the question of a house of ill repute, otherwise called a brothel, which exists in my constituency and which has caused considerable annoyance to people living in the neighbourhood. Bottle parties go on there continually and every time there is a ship in sailors go into this place. From reports I have, it sounds to me very much like the genuine article. I have been up to the local police about it, in the station at Rathmines. They know about it but there is not a thing they can do about it simply because they must catch somebody in the act. It appears to me that the only way they could do this would be if one of the gardaí volunteered to enter the building in disguise.

There is something wrong with the law if there is not some way around it. If there is not, some changes should be made in the law. It is a fact that young girls who have been reported as missing on "Garda Patrol" on television—girls of 14 years of age—have been found in this place. It is being run by a woman formerly known to the gardaí as having been working in the streets. She was thrown down the hold of a ship, sued the shipping company and got enough money to set her up in business.

It may be all right for us to appear to have a sense of humour about this but it has worn very thin with people living in the vicinity of this house who are afraid for their young children coming home late at night in case somebody in a drunken state might attack them. The sooner the Minister can change the law in order to be able to deal with that kind of situation the better.

I am delighted to hear that the report of the Conroy Commission will be issued shortly because the morale of the Garda is low mainly because they cannot properly perform their duties.

Last night I was driving home and a car driver behaved in the most offensive manner because I attempted to overtake him. First he accelerated and then stopped in front of me. I pulled off the road into a garage allowing him to get ahead of me. Within seconds I saw a garda on a patrol bike. People say the gardaí are never there when you want them. This man was. He engaged me in conversation in the course of which he said: "There is very little we can do about these people: motoring offences take two years to come to court."

If we are serious in our undertaking to solve the road safety problem and to punish the offending motorist, we must have the facilities to do so. The Minister should consider the setting up of special courts. I know there is one court in the city which deals specially with motoring offences but it does not appear to be enough because it takes two years to deal with some offences. I do not know if motorists know about this situation but it appears from the way they act as if some of them did. I should like to inquire what happens if the garda in the case has retired in the meantime, or if he has died, and is not there to prosecute the offender. The Minister knows better than I whether a garda who has retired can be called to give evidence or if it is true that in such circumstances there is no case against the offender. I hope something will be done there.

Dangerous driving is on the increase and I am afraid accidents occasionally occur because too many drivers tend to concentrate on other drivers only. Perhaps I am digressing but I may be allowed to do so because the month of December is a special one. I discovered I was a bad driver last week because while I was anticipating all the time the actions of other drivers, I did not sufficiently anticipate the action of pedestrians, and it is pedestrians mainly who get killed in road accidents—I think the figure is 41 per cent of the total. Therefore, instead of drivers concentrating entirely on anticipating what other drivers will do, they should always be careful to anticipate what pedestrians will do.

While on this subject, I suggest that gardaí would pay more attention to dangerous driving if they realised they had the courts behind them—if they appreciated that offences would not take two years to come to court. At the moment, gardaí say it is no good reporting a person for dangerous driving because it will be years before the case will come to court.

I wish to mention traffic wardens briefly. This will be a particularly busy month for them and I should like if a message could be handed down to them to concentrate more on cars exceeding the time limit of one hour in places where one-hour parking is permitted than on taking the easy way out and catching those cars which are illegally parked in places where no parking is permitted. I know these wardens have a difficult job but I should like to see them concentrating more on cars exceeding the parking time limit. I should like also to see towed away more cars parked in dangerous spots, an offence which is very prevalent nowadays.

Before I close I should be interested to hear from the Minister the arrangements in respect of the collecting of fines by hire-drive firms in respect of clients involved in parking offences. I am told the figure involved amounts to something in the region of £60 a day. I refer to on-the-spot fines. I suppose I had better be careful in case I should damage the tourist trade, but I am prompted to ask whether fines imposed while cars are being driven by tourists come back on the Irish people who hire out cars. In matters of parking, it is the person who owns the car, not the person who has been driving it, who is fined. Could some arrangements be made whereby the hiring firms would not be held responsible for fines for offences while cars are being driven by clients?

I do not want to sound pompous; I do not intend to be, but I wish Deputies would stop some of this clinical approach to the tasks which they set themselves. Instead of just learning it from a book, Deputies—particularly new Deputies—should go out and examine a particular problem. In that way, the debates would be far richer and the Minister's fund of knowledge would be greatly improved, since one could take it that when people stood up here they had a genuine sense of performing a public duty through having a genuine knowledge of what they are talking about. It is very important that when people in this House criticise a Department they should at least have researched the particular aspect they are dealing with.

Deputy Briscoe in his opening remarks stated that it gave him a pain in his neck when Opposition Deputies came in here and vented their frustration and their hate by attacking the Minister for Justice, whoever he may be.

Personally.

As far as I am concerned the majority of Ministers for Justice, from Kevin O'Higgins down to the present man, did their duty according to their consciences. High standards are expected from any man who occupies this exalted position and if we believe he is not living up to the high standard expected of him as Minister for Justice, if we believe that there are low standards in high places, then it is our duty to speak and let our voices be heard. I will be referring to that later on in my speech.

The Minister in his opening remarks said that legislation to deal with the jurisdiction of the circuit court and the district court was to be introduced shortly. I believe that is long overdue. He further stated that he must deal with a particular project on a priority basis and having regard to what appeared to him to be practical considerations. It is over three years ago since many of us here mentioned drug abuse. On 3rd October, 1966, I was told by the then Minister for Justice that legislation was to be introduced immediately to deal with this menace. We know this is a menace. We know this is a menace that affects ordinary human beings. We had at another time the threat of foot and mouth disease in our country. All the resources of this State were brought to bear on that. We congratulated the Minister for Agriculture and Fisheries and the people concerned for the wonderful work they did at that time. In this case we are dealing with young boys and girls, our own kith and kin, brothers, sisters, relations, and I believe that the Department of Justice have been very remiss in this. Now, three years later, we are getting the legislation that should have been introduced in 1966. When I spoke about it in this House the Minister for Justice at that time, Deputy B. Lenihan, pooh-poohed the idea that we were faced with a problem. Unfortunately, we now know only too well that we have that problem. We know that over 80 raids have been carried out on dispensaries in this city alone during the last year. We know that drugs have been freely peddled in clubs and in schools. Even though it is better late than never, I still claim that the Department should have given this top priority and dealt with it three years ago.

We have also been promised legislation with regard to deserted wives. I should like to know what is the present position, when a man goes over to England and deserts his wife, about bringing him back. Those of us who are members of county councils know that ratepayers are paying very large sums at present in every county to help these unfortunate wives and children to exist. The State should try to bring the law up-to-date so that the husband can be brought back to honour his responsibilities in that regard. We have had repeated assurances that legislation would be introduced to provide more adequate maintenance for deserted wives and children over the last seven or eight years but very little has been done.

Three years ago we were promised legislation to deal with the carrying of flick knives. This is a serious problem. It should get top priority but nothing has been done in the last three years. Those of us who have been in this House over the last four years know that over a year and a half of Ministers' time, the Government's time, the country's time, the taxpayers' time, was used discussing and pushing through this House a Marts Bill and a referendum. I believe the time of this House and the State would have been much better used if we were bringing our existing legislation up-to-date. Indeed the Minister seems to react in the same manner as Lord Melbourne who once used the famous words, speaking of putting things on the long finger: "Ponder, pause, prepare, postpone and end by leaving things alone. In fact earn the people's pay by doing nothing every day". That is what the present Minister for Justice seems to be doing.

The Minister in his speech dealt with the question of bail. I happen to agree with him on this although some members of my party may not. He pointed out that 214 persons granted bail by the courts committed, while they were awaiting trial, over 900 fresh offences against property. That is a well-known fact. I spoke here of a particular man who stabbed a member of the Garda Síochána. He was sentenced to a year by the district justice, appealed against that and while he was out on bail he killed two other people. Those facts are known to the Minister and to the Department of Justice. I do not want to give his name. He has been sentenced recently for that crime. It is a well-known fact that there are bank robbers in this country. They dine very often in some of the biggest hotels here in the city. They are out on bail and on the day on which they were being allowed out on bail they told the Garda Síochána that they would commit eight other crimes between then and the day they were tried and that they would only get the same sentence. According to reliable information they have at least six crimes committed and still have not been apprehended. That is well known to the Garda authorities. I certainly think that if something cannot be done about allowing those people out on bail then extra justices or judges should be appointed. As Deputy Briscoe has said, people have to wait two years Cases, especially of a criminal nature, should be tried inside a month or six weeks or a maximum of two months, certainly as soon as the Garda authorities have got their file complete and while the trail is hot. It is wrong that many of those cases should be put on the long finger for as long as two years I hope something is done in that direction immediately.

The Minister spoke about the Adoption Board. Wonderful work has been done and we would all join in commending the Minister and the members of the Adoption Board for work well done, for bringing happiness to many homes. It is up to everybody to encourage this and do everything they possibly can to see that it is expanded.

The Minister also mentioned the closing of country barracks and the review being held. I do not agree with the Minister on this. It is a retrograde step to close many of those country barracks. The Minister claims that because of the peace in the countryside gardaí are not so urgently required and can be moved into cities and towns. The countryside is peaceful because the police force are in those areas. There is much more co-operation between the people and the police in country areas than there is in cities and towns. They have their fingers on the pulse of things. When a robbery takes place they are quickly at the scene. I appeal to the Minister not to close any more barracks. Rural Ireland is dying. When a village loses its barracks and perhaps its school there may be nothing left but a few public-houses. Apart from these reasons, it is desirable that gardaí be left in the rural villages so that they can help to prevent crime over a wide locality. In cases of accidents, too, the nearest town may be 15 to 20 miles away while the local Garda barracks might be only two or three miles away.

The Minister spoke also about the number of indictable crimes. I am aware that the detection rate is at a high level but 40 out of every 100 lawbreakers are getting away free. Recently there have been five or six bank robberies for which no arrests have been made. This is causing uneasiness throughout the country. I came from Mullingar on three occasions within the last few months after bank robberies had taken place and at every crossroads from Mullingar to Dublin there was a garda on duty. I do not know what one individual garda could do by standing at a crossroads. Was it expected that the bank robbers would drop the money beside him? Other Deputies told me that they saw gardaí on duty at other crossroads. Certainly, they should be out in the squad cars endeavouring to track down culprits especially in the immediate area but I do not know how one garda standing at a crossroads could be of any help.

Reference was also made to St. Patrick's Institution and to people who are sent to prison. As far as rehabilitation of prisoners is concerned, we should try to make useful citizens of them but they should not be pampered. Lawbreakers should be penalised, not pampered. In their rehabilitation they could, possibly, be given the opportunity of acquiring a trade if their term in prison were long enough to permit that and this would be useful particularly in the case of young people so that, on discharge they would be better members of society.

The Minister has promised legislation with regard to the Land Registry that will bring it up to an efficient standard. There have been many complaints about the long delays experienced in dealing with that body and we hope that the Minister will be successful in his endeavours so that cases can be dealt with more efficiently and with less delay.

Somebody has mentioned traffic wardens. I thought that these people were supposed to assist strangers in directing them in traffic and in any way possible but I now find that instead of being a social asset they are operating punitive measures against the public and that the greater part of their time is spent in putting stickers on cars. I would agree with Deputy Briscoe in his suggestion that they might spend more time tracking down offenders who might, perhaps, park in a one-hour zone for two or three hours.

Another matter which I mentioned last year, and which I shall not dwell on at length, is the question of the gardaí in squad cars badgering lorry-owners for illegal trafficking. Many of those people are labouring men or small farmers who are struggling to make a living and who, when they got a few pounds together through hard work, industry and initiative, purchased a lorry but when they proceed to transport a neighbour's cattle, they find that it is illegal to do so. We have been promised legislation to ease that situation but in the meantime I would appeal to the gardaí in squad cars to be as easy as possible on those people because there is a vast difference between a criminal who goes out to plunder his neighbour's goods and a hard-working man who may have a wife and family to support and who works, possibly 13 or 16 hours a day to make a living. It would be better for the gardaí if they tried to catch the bank robbers or other criminals than to spend their time arresting those unfortunate people.

I dealt earlier with the question of the number of blackguards in this city who carry flick-knives. Somebody else has made the point that there are not enough gardaí in the city to deal with the situation. We can say that there is under-staffing of the Garda in the city. We can also say that, nationally, the gardaí are underpaid. They should be protected. I know that we cannot discuss the judiciary but I would mention that our district justices seem to be too lenient with some of the blackguards brought before them by the gardaí, particularly in the city of Dublin.

There was a case recently where a garda was stabbed but the offender got away under the first offender's Act. Recently also, a student at a procession held here called a garda "an RUC ‘B'". He was arrested and brought to court but he got away with a warning. In a case of the stabbing of a garda, the very minimum penalty should be two or three years in Mountjoy.

The time has come when a statement should be made in this House to the effect that when a garda carries out his duties, he should be backed by his sergeant, by his superintendent and superiors, including the Minister. Nobody should have the authority to say to a member of the Garda Síochána who is conscientiously doing his duty that if he does not close his eyes to a particular thing, such as a publichouse remaining open half the night, he will be transferred to some remote part of the country. Unfortunately, that is happening in this country today and it is well known that in certain cases TDs and Senators can threaten gardaí. That is a deplorable situation and one which must not be allowed to continue. I gave examples last year of cases of young members leaving the force because of the amount of interference which they experienced in the operation of their duty.

The bankruptcy laws are completely outdated and need to be revised. As they are at the present time people can, it seems deliberately, buy cattle at sales marts and go bankrupt afterwards and it is a well-known fact they may have £40,000, £50,000, £60,000, £100,000, or more salted away in the wife's name or somebody else's name. It is a well-known fact that over the last ten years hundreds of people have gone bankrupt in this country and have ruined unfortunate families but they have been able to set up in business in less than a year with money which they had salted away. The bankruptcy laws should be brought up-to-date so that people who commit such offences will not get away with them.

As regards Garda programmes on television and the part they play in the detection and prevention of crime, everybody concerned is to be congratulated. Anything which gets the people to co-operate with the gardaí is commendable. The gardaí are our own kith and kin and they are there to protect our lives and our property. Unfortunately in this country, probably due to the fact that we had British Government for over 700 years, at one time people were not inclined to co-operate with the authorities. That attitude may have been understandable when the British were in control in this country but now that we have our own Government such an attitude is unjustifiable. Therefore, it is the duty of everyone in this House to appeal to the people to co-operate and participate in any way possible in the detection of crime and to bear in mind that if they do give information to a garda they are not, and should not be styled, informers.

People who co-operate with the gardaí are public-spirited citizens doing their duty. Unfortunately, in the city people do not come to the help of a garda who is in trouble. There was an example of this last year in a case where a garda had two or three men with knives cornered in an area. A crowd of two or three hundred people gathered and when the garda called for assistance there was not one public-spirited person in that whole assembly to come to his aid. They shouted to the men who were cornered to escape. They helped them to escape and they obstructed the garda in the execution of his duty. That was deplorable. The justice commented on it at the trial. Each of us should appeal to the people to co-operate with the gardaí and should remind them they are not informers when they help our own police force.

I should like to deal briefly with the carnage on our roads. We are sitting here on 9th December, 1969, and before this day 12 months at least 500 persons who are in their health and prime today will be done to death on the roads of Ireland. It is generally accepted that if there were more care, courtesy and consideration on our roads it might help to reduce accidents. The number of fatal road accidents is something which should shake everyone of us out of his complacency. Drunken drivers should be put off the road. I am not against people who drink but they should not be allowed to drive cars. The breathalyser test has been introduced but a great mistake has been made in regard to it. There was a build up about the date the breathalyser test was to be introduced. People who are fond of drink made arrangements that their wives or somebody else would drive them when they wanted to drink. Now, a month later there has been only one case in Cork and one in Dublin of the use of a breathalyser. We had got people to the point where they were going to co-operate with the gardaí but now we find that there is not a breathalyser in every Garda station. It would have helped greatly if car drivers knew they would be pulled in immediately if they had taken too much drink.

It is now rumoured that people are lapsing into their old habits. We should immediately instal breathalyser testing equipment in every Garda barracks so that drunkards will know that they have to comply with the law. The law states that a person who has consumed a certain amount of alcohol may not drive. A number of fatal accidents are caused by excessive drinking. The Minister should insist on the full operation of the law in this respect with a view to reducing the number of deaths on the road.

I am not sure if we are entitled to refer to the appointment of justices, although a Deputy has already referred to that matter. However, I think that the 44 per cent of the electorate who support this party should be aware of the facts.

That matter cannot be referred to on this Estimate.

I want to say that I believe every section should be entitled to a fair number of appointments.

You have said it now.

I would say much more if I were in order.

The Deputy is not in order and must not raise the point.

The majority of them are supporters of the Fianna Fáil Party.

The Deputy must not pursue the point as he has been ruled out of order.

I accept your ruling.

Deputy Ryan will never be made a justice.

Nobody on this side of the House will be made a judge so long as the party over there are in power.

It is only right to pay tribute to the Garda Síochána for the work they have carried out since the foundation of the State in the detection of crime and the protection of the lives and property of the people. The pay and living conditions of gardaí should be as attractive as the State can possibly provide. At present, the Garda Síochána are understaffed and underpaid. Unfortunately, unrest exists in the Garda Síochána. The reason for the unrest and agitation is the political interference at all levels by politicians and others who try to influence the gardaí in the execution of their duty. Many gardaí cannot do their duty according to their pledge and they are upset. As I said earlier, the Minister should make a statement that political interference with gardaí in the execution of their duty should cease.

As far as we on this side of the House are concerned, since the foundation of the State we have always believed in law and order. We believe in the proper enforcement of the laws but we believe in justice tempered with mercy. Unfortunately, at present the Government in certain aspects are conniving in the drift towards anarchy. No organisation should be allowed to take the law into its own hands.

The Deputy is making false allegations again.

The Deputy is not making false allegations.

(Interruptions.)

Will the Deputy deny that in Mullingar four people took out revolvers and fired live ammunition? These people had their photographs in the newspaper, appeared on television and are well known but the Government, because of the "Blaneyites", the Republicans and the revolutionaries on one side, and other elements of our people on the other side, are afraid that they will lose a single vote and are conniving in this drift towards anarchy. They will not arrest them because if they did Deputy Blaney would kick over the traces and Deputy Boland would again resign as a Minister and go to the Park in a uniform and ask for permission from the President to go to the north.

I will take one of the Deputy's allegations at a time. I could not look into all his allegations.

It is a well-known fact that the Government know the people who have burned down some of the big places in County Meath but they think that politically it would not be a good idea to arrest them and charge them because they would lose votes. If that is not conniving in the drift towards anarchy I do not know what it is.

Did the Deputy not encourage the NFA to break the law?

I never encouraged the NFA to break the law. My statements were made at meetings of the Westmeath County Council and the Westmeath County Committee of Agriculture and I appealed to the farmers as owners of property not to break the law and not to be concerned in any drift towards anarchy because if they did they had more to lose than anybody else. My statements at that time are on record.

Would the Deputy get back to the Estimate for Justice.

I should like to deal with the outmoded discipline by which gardaí are being harassed and badly treated. Some of their rules and regulations have no place in any police force. These conditions must be changed and the change must come without any further messing and without the red tape which has caused so much harm. The demands of the gardaí seem to be just and fair and therefore they cannot be ignored any longer. The gardaí deserve a much better deal if we are to attract young men to the force and hold on to the well-trained men we have at present because the gardaí are serving this nation well and doing a good job. They deserve our full support. If necessary new regulations should be negotiated by the authorities and the Garda Representative Body. Certainly we want different conditions because we should have a happy and contented force.

Recently I was speaking to a young garda and he admitted that there was dissatisfaction at present. The average garda works 15 or 16 hours a day because even if he is at a football match or a dance or even if he is off duty if he sees a person breaking the law he has to apprehend him. As long as the force is happy and content the members will give a full service to the State; they are giving it at present but the danger is that if the regulations are not brought up-to-date we may not have their co-operation in the future. The Minister cannot afford to ignore the complaints which are being voiced by members of the Garda Síochána and indeed he will have to take proper action if we are to avoid a dispute which perhaps could close the doors of every Garda barracks. The Minister and the Government are aware of the growing unrest within the force. It is not something new and the complaints have been aired on a national basis by the Garda Representative Body and on several occasions in recent years by the newspapers. Some moves have been made in this regard. A commission was set up and we were told today that the Minister may have a report from them by Christmas. This question should be dealt with with all possible speed. The gardaí have become tired of outworn promises.

We hear much talk about justice and many people are disturbed about what is supposed to be justice. There is a grave suspicion that there are two laws, one for the rich and those connected with the Fianna Fáil Party, Taca and other such organisations and another law for the poor. Unfortunately, many of us can point to actual cases in which prosecutions were stopped in court and this seems to lend credence to these suspicions. It is hard to blame people if evidence is produced that confirms these suspicions.

The question of prosecutions in court and the withdrawal of prosecutions in court and court proceedings generally are matters for the Office of the Attorney General.

I am not blaming the Attorney General for anything so far. There are many devious ways of doing this about which the Attorney General knows nothing.

The Deputy said that these were in court.

Yes. I can give an example in Roscommon——

The Chair does not want to hear any examples.

It is not the Attorney General who is to blame very often for things that happen in court. I know of a case where a man was charged and I was approached at the time as a Member of the Opposition. The people were told: "If L'Estrange asks the Minister for Justice then Fine Gael cannot criticise it". Things can be very well planned. Nobody could stop the case and it went to court. The only way it could be stopped—and here, unfortunately, there was connivance with the police force—was that the witness who was to identify the body was not called until the prosecution case was closed. The moment the prosecution case closed the counsel for the accused said "On a point of law, your Honour, the police called nobody to identify the body" and the judge said "That is right; case dismissed" and the man got out, scot free. The Attorney General knew nothing about that. It is the political connivance that goes on which is doing so much harm to undermine the people's belief in law and order and which gives credence to the belief we have that there is one law for the poor and another for the rich and the people with political influence.

There are numerous other cases which I could go into but which I will not go into. We know about the housing scandal case in Cork. I want to put this on the record because the people concerned told me. The first person they approached was the present Taoiseach: he was not Taoiseach at that time. They gave him full information of what was going on in Cork. They met him week-end after week-end and he would tell them that it was very difficult but he was doing his best to see what could be done. It was not until the late Deputy Seán Casey and former Deputy Stephen Barrett were given the facts——

Does this relate to the Minister for Justice's Estimate?

It certainly relates to the Minister for Justice and to justice in this country. When the late Deputy Casey and former Deputy Stephen Barrett raised the matter in this House the Taoiseach said that, as far as he was concerned, the full rigours of the law would apply and the people concerned would be brought to justice. On this Estimate, I cannot criticise what happened in the court——

I hope the Deputy will not criticise the decision of the court——

What has the Deputy been doing for the past ten minutes?

Is it true that a man can rob and defraud and——

Mr. Kennedy

If he is a Taca man he can do anything.

Deputy O'Kennedy is quite right. Deputy O'Kennedy has put his finger on it. The man did all of these things. He was given an opportunity to repair the houses. He has got off scot free.

The Deputy now is criticising the decision of the court which, he has been told, is not in order.

The reason he got off, he was told, was because he had suffered enough. Less than a week later, he paid £50,000 for the County Hotel in Cork and, to date, he has not served one single day in prison. If that is justice and if that is the type of Fianna Fáil justice, I am surprised that Deputy O'Kennedy, whom I have always looked upon as an upright young man, would stand for it.

Especially as Deputy L'Estrange's facts are not true.

The Taoiseach promised us in this House that the full rigour of the law would apply.

If I get the other side of the story——

Let the Deputy get it.

Thanks very much, I shall do that.

Not in the Cork case.

There were another 209 cases in Cork but, because Fianna Fáil people were concerned——

Again, the Deputy is going back to deal with court cases. The Chair has already asked him to desist from criticising judicial decisions.

I raised a case here last year and it was in order then: it was discussed here at length. The reference number is 1967. No. 94 OP.: Kelly, N. T., Donegal man v Dundrum Enterprises. Mr. Kelly said he was a mutual friend of the Minister for Local Government and that he could get planning permission for a certain consideration. The amount agreed on was £3,000. Five hundred pounds was paid and post-dated cheques were given for the remainder —post-dated cheques for £1,000, £1,000 and £500.

Again the Deputy wants to discuss a case dealt with in a court.

No, Sir, I am not discussing the case that was in the court. No action was taken in relation to this corrupt practice. Last year, when this matter was debated here for half an hour neither the Ceann Comhairle nor the Leas-Cheann Comhairle intervened, with all due respects. This was in January, 1966: the post-dated cheques were dated for March, 1966. The defendant got his planning permission through the intercession of Mr. Kelly but we know that gratitude can be a heavy burden: the post-dated cheques were stopped. The case was settled before it came to court. Why did the Minister for Justice not set up a judicial inquiry into this matter? They did not bring the case into court because, fortunately or unfortunately, I mentioned it in this House the day before and, the following day, there were photographers and press people from all over the country in the court. A settlement was made. I want to draw attention to the fact that this could happen. The evidence is there. The Minister could have set up a judicial inquiry and got the full facts. He did not.

How much?

The amount agreed on was £3,000. Five hundred pounds was paid and post-dated cheques were given for the remainder—post-dated cheques for £1,000, £1,000 and £500. This was in January, 1966, and the post-dated cheques were dated for March, 1966. The defendant got his planning permission through the intercession of Mr. Kelly but the post-dated cheques were stopped. Mr. Kelly sued for £2,500, representing the stopped cheques. The court case was to be held on Thursday, 7th March, 1968. The first defence entered was a denial that planning permission had been obtained through the good offices of Mr. Kelly or that the site had been sold at an enhanced price.

The Deputy is going on to deal with the case.

I am not dealing with anything the Attorney General had to do with. I was told it was ruled out where the Attorney General comes into the case. He had not come into the case up to this. I claim he should have come in afterwards. He should have had those papers confiscated that evening. Action should have been taken immediately——

The Deputy will have an opportunity to raise the matter, if he wishes, on the Estimate for the Office of the Attorney General.

The Attorney General had not come into the case at this particular time.

I understand that this case did not come to court?

No, it was stopped before they went into the court. A settlement was made. Mr. Kelly said he had got planning permission for the plaintiff. The Minister could have set up a judicial inquiry and got the full facts as regards those cheques and he did not do so. Now, the Minister for Justice is paid by the taxpayers of this country.

What were the terms of settlement?

The man got £1,500.

Will the Deputy give the source of the quotation?

The reference number of the case has already been given. The Government knew that, if they got the full information at that time, too much dirty linen would be washed in public. The Minister for Justice is paid by the taxpayers of the country. When that case was raised here, he called on the Bar Council to hold an inquiry into it. I want to refer now to the Irish Times of 18th February, 1969, where there is a report headed Bar Council Asks for Apology. Minister's Dáil Charge. Then we read:

The General Council of the Bar of Ireland has found that accusations made in the Dáil by the Minister for Justice, Mr. Ó Moráin, against a member of the Bar were entirely unfounded and unjustified. The Council suggests that Mr. Ó Moráin should publicly withdraw his statement and apologise.

He did not do that. The Minister would not apologise. The report continues:

The following statement was issued by the Bar Council yesterday:

On Tuesday, 10th December, 1968, in Dáil Éireann, during the debates on the Estimate for the Office of the Minister for Justice, the Minister for Justice, Mr. Ó Moráin, made certain allegations concerning Mr. Garrett Cooney, a member of the Bar. As a result of those statements, the General Council of the Bar of Ireland wrote the following letter to the Minister:

The General Council of

the Bar of Ireland,

Law Library,

Four Courts,

Dublin 7,

79684,

13th December, 1968.

The letter is addressed to:

Micheál Ó Moráin, Esq., TD.,

Minister for Justice,

72, St. Stephen's Green,

Dublin, 2:

Dear Minister,

In the unrevised Official Report of Dáil Éireann Debates, for Tuesday, 10th December, 1968, Volume 237/13, on the Committee on Finance's consideration of the Estimate for the Office of the Minister for Justice, you are reported at several places between Columns 2284 and 2288, and again in column 2312, as having said that Mr. Garrett Cooney, Barrister-at-Law, had handed over his Brief in a High Court action to Mr. L'Estrange, TD.

These averments constitute a grave reflection on Mr. Cooney in his professional capacity, and would, if true, subject Mr. Cooney to severe penalties by his professional disciplinary body. This Council, therefore, requests you to supply it with whatever information you may have on these matters in order that it may carry out a thorough investigation.

Yours faithfully,

(Sgd.) G. D. COYLE,

Secretary.

No reply to that letter was received, and, therefore the Bar Council wrote the following letter on 8th January, 1969.

This is a public servant. This is the man who accused Deputy O'Higgins of not being in his seat here at 10.30 a.m. He is a public servant who is paid £8,500 of the taxpayers' money. He had not the courtesy to reply to the letter he received from the Bar Council of Ireland.

The report goes on:

The General Council of

the Bar of Ireland,

Law Library,

Four Courts,

Dublin, 7.

79684.

January 8th, 1969.

Micheál Ó Moráin, Esq., T. D.,

Minister for Justice,

Department of Justice,

72 St. Stephen's Green,

Dublin, 2.

Dear Mr. Ó Moráin,

I am directed to say that the Bar Council has received no reply to its letter to you of December 13th, 1968.

The Council regards the matter as urgent, and proposes to deal with it at its meeting on Friday, January 31st, 1969.

The Council would therefore be grateful if you could reply to its letter as soon as possible.

Yours faithfully,

(Sgd.) G. D. COYLE,

Secretary.

On January 13th, 1969, the following letter was received by the Council:—

Oifig an Aire Dlí agus Cirt

(Office of the Minister for Justice)

Baile Átha Cliath

(Dublin)

10th January, 1969.

15/69

Dear Mr. Coyle,

I am directed by Mr. Ó Moráin, T. D., Minister for Justice, to acknowledge receipt of yours of the 8th instant which will be brought to the Minister's attention as soon as possible.

Yours sincerely,

(Sgd.) LIAM DALY,

Private Secretary.

G. D. Coyle Esq.,

Secretary,

The General Council of the Bar of Ireland,

Law Library,

Four Courts,

Dublin 7.

No other communication from the Minister on this matter has been received by the Council. The Council met on Friday 31st January, 1969 to consider the results of its investigations and to make any consequential findings:—

FINDINGS.

"The Bar Council finds:—

"That each of the statements by the Minister for Justice, Mr. Ó Moráin, to the effect that Mr. Garrett Cooney had handed over his brief or a copy of it, in the action referred to in the Debate, to Mr. L'Estrange, T.D., is untrue.

"That each of the statements by Mr. Ó Moráin to the effect that Mr. Cooney gave information to Mr. L'Estrange about the proceedings in the said action is untrue.

"That in so far as Mr. Ó Moráin's statement: ‘You and your friend Cooney seemed to have made money', suggests that Mr. Cooney made money other than his proper professional fees, it is untrue.

"That Mr. Ó Moráin's statement: ‘He is Cooney, the same as Locke's Distillery', is untrue.

"The Council therefore finds that none of Mr. Ó Moráin's references to Mr. Cooney was justified: that there is no foundation for any criticism of Mr. Cooney's conduct in this matter and that his professional integrity is fully vindicated."

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

The report continues:

"The entire of the foregoing statement was sent to Mr. Ó Moráin on the 3rd February, 1969.

"The Minister had invited the investigation by the Bar Council when in the same Debate he said, referring to Mr. Cooney:—It is the duty of the Bar Council to deal with it and if they do he will deserve all he gets. The Council would in any event, of its own accord, have investigated the matter, as the Minister's charges, if true, would have involved a grave reflection on the professional conduct of a barrister.

"The Council, with the statement, sent the following letter to Mr. Ó Moráin on the 3rd February:——"

(Interruptions.)

The letter is as follows:

The General Council of

the Bar of Ireland

Law Library,

Four Courts,

Dublin 7.

79684.

3rd February, 1969.

Micheál Ó Moráin, Esq., T.D.,

Minister for Justice,

Department of Justice,

72 St. Stephen's Green,

Dublin 2.

Dear Mr. Ó Moráin,

I enclose the finding of the Bar Council in the matter of Mr. Garrett Cooney, Barrister at Law, concerning which letters were sent to you on the 13th December, 1968 and the 8th January, 1969.

The Bar Council is of opinion that you ought to withdraw your statements publicly and apologise to Mr. Cooney.

The Council will meet on Friday, 14th February, 1969 at 3.30 p.m. to consider your reply.—Yours faithfully,

(Sgd.)G.D. Coyle,

Secretary.

"No reply has been received from the Minister."

Is he a fit man to represent this council?

Mr. J. Lenehan

No sane man would reply to a dose of tripe like that.

Those charges were made by a Minister against a barrister. The Bar Council wrote to him on two occasions. He acknowledged one letter but refused to reply. He has neither apologised nor replied. He was proved to be completely wrong in the five or six charges he made here in this House.

Mr. J. Lenehan

Give them to Deputy O'Higgins and he will deal with them. You are not a barrister.

Deputy O'Higgins is well able to deal with his own cases and I will deal with mine in my way.

Deputies should avoid cross references across the House and carry on with the debate.

I want to deal now with another matter which was claimed to be Fianna Fáil skulduggery in the Taoiseach's own constituency. I have a letter here which states:

It is very interesting, but very aggravating for a person who is fined without compunction for a minor traffic parking offence——

A person could be fined £5, £6 or £10 for having a bald tyre——

——in the same court to note how the "Dear old Pals" act works.

The lucky escapee on this occasion happens to be the local City State Counsel for Prosecutions. His only offence happened to be that he crashed into a man's car parked outside his own door after midnight and was found to be so incoherent by the car-owner that the Guards were called and the culprit was arrested and charged. After several adjournments by the Defence the strings were eventually pulled.

As reported in the Cork Examiner, 23rd October, 1969, other people were heavily fined for minor offences but the charge against this man was withdrawn at the last minute without any reason being given.

I should also like to deal with what I claim to be further interference with the police in the exercise of their duty. The gardaí have a hard task at times collecting information, catching criminals and prosecuting them. I should like to quote a statement from the Limerick Leader of 28th June, 1969:

The judge said that there was a careful plan, a concerted scheme, to steal public property destined to feed one of the most helpless sections of the community.

Further in the course of his statement the judge said that it seemed to him there was a double standard of ethics in the minds of many people where public funds, where insurance companies, were concerned. He also praised the guards for detecting the crime and said the people of Limerick were indebted to the gardaí but for whose intervention the campaign might have been continued up to the present day. The judge then said, and this is what I want to refer to:

He had not been told how much was involved but he was quite satisfied that the defendants' estimate of £800 was the lowest figure.

I want to charge that there was blatant interference with the Garda authorities in pursuing and trying to prosecute these individuals. I want to put this to the Minister for Justice, that the police had information on their files that in this case at least £10,000 worth of meat was stolen over two years. That information was not divulged to the court due to political pressure. While the superintendent was doing his duty he was informed by politicians that if he pressed this case to its final conclusion he would not get the promotion he was due. He was torn between loyalty to the pledge he had made and fear of politicians, and this information was not given. In Limerick at the present time people say that it is not £10,000 worth of meat that was stolen over the years but anything from £50,000 to £100,000 worth. This mental hospital has an excellent RMS but he must rely on his officials, on his secretary, on his storekeeper and on his steward to see that the hospital is run efficiently and honestly.

On the date that the gardaí went to the mental hospital and asked what amount of meat had been weighed in, they were told 600 lbs., but when the gardaí checked there was only 300 lbs. there, and, as was stated, the best quality meat, centre loins, fillets, hindquarters of beef, et cetera, was stolen from the hospital and on that particular day there was nothing there but inferior hocks, shins, brisket, neck beef and bad mutton.

This political influence in court cases should end. There was bound to have been connivance with somebody in that mental hospital for five, six or ten years. Those people should have been brought to justice but they have been protected and are being protected today by politicians in Limerick, because some of these people are members of the Fianna Fáil Party. That is wrong, and it is wrong that a judge should have to say in court that he has not been told the amount involved. It is doubly wrong when the superintendent prosecuting has on his file that the gardaí have information that in the last two years £10,000 worth of meat at least was stolen and that that is not disclosed to the judge.

Was there a Fine Gael man mixed up in that?

I do not know. As far as I am concerned, there should be justice whether it is Fianna Fáil, Fine Gael or anybody else that is involved. I do not know about any Fine Gael person being involved, but I do know about the tampering with justice and the fact that the superintendent was not allowed to give the full information. Furthermore, the case was to come on before the general election.

Give the facts of the case.

I have given the facts of the case.

The Deputy has not named names.

I have given the facts.

The Deputy is misleading the House.

Fifty thousand pounds to £100,000 worth of meat was stolen over ten or 12 years.

Who stole it?

The police had it on their files that £10,000 worth was stolen in the last two years.

The Deputy does not know what he is talking about.

I know full well what I am talking about. I have quoted from the Limerick Leader and the Deputy can read all about it in that paper. Those people were charged only with stealing £800 worth, what was in the deep freeze the evening the gardaí moved in. The gardaí had information there was £10,000 worth stolen——

How does the Deputy know?

I know it, as there are other things I knew and nobody will ever find out where I got the information. As I have said, the gardaí were told there was 600 lbs. of meat there but when they checked there was only 300 lbs. there. Nobody in the hospital was prosecuted.

The rest might have been cooked.

There was a fair amount of cooking going on in this case.

Give us a few tickets for the Fine Gael fight-in.

Does the Deputy mean the row between the Minister for Agriculture and Fisheries and the Taoiseach?

The Deputy should keep to the Estimate.

The Taoiseach repudiated him. Is he gone over to England with a six-shooter?

That does not arise.

We know he sent guns into Derry and that he sent in his own brother.

That has nothing to do with the matter under discussion.

There is no use in preaching a policy to this House that we stand for a federation when we have a Minister going to shoot his way in and take over the border himself by force.

Would the Deputy come to the Estimate?

I mentioned in this House last week another case of a man who got away with what I believe was murder, who mowed down a child of seven years of age. Since that, a man who is paid a great deal of money by the Department of Justice, a Mr. Anthony Hederman, Senior Counsel, Treasurer of the Fianna Fáil Party——

Is it in order that a name should be mentioned in these circumstances? There are very serious charges made against this individual by Deputy L'Estrange.

This particular gentleman——

Surely this is against all the traditions of what is good in Irish politics? I appeal to you, a Cheann Comhairle, to give a ruling in this matter.

It is not in order to mention the names of people outside this House. It is an abuse of the privilege of this House because these people are unable to reply.

It was stated in the Irish Press on 2nd December, 1969, that this man, when defending a case in Dublin, took it upon himself to attack me for daring to raise this question in the Dáil.

The Deputy is an embarrassment to Irish politics.

I am embarrassing no one. The same law should apply to everyone. I do not think a man who mows down a seven-year-old girl and does not stop to report the accident should get two £2 fines. I believe justice should be tempered with mercy but not that type of justice.

The Deputy is dealing with two separate cases.

I am not dealing with two separate cases. The man who knocked down that little girl should have called a priest and a doctor but instead he went on and yet he was only given two £2 fines; whereas a poor unfortunate truck driver or an agricultural worker with a bald tyre would have been fined £6. If that is justice I do not understand it.

The Deputy is not in order in attacking the courts.

The Deputy is attacking the independent judiciary which we are proud to have in this country.

I have not attacked the judiciary.

The Deputy cannot attack the judiciary either in this case or in any other case.

I have not attacked the judiciary.

On a point of order, the accusation made by Deputy Andrews is false.

I have attacked the political interference which has been used to prevent doing their duty members of the Garda Síochána who have taken a pledge to do their duty according to their conscience in our courts, and I will continue to attack that. I believe in justice tempered with mercy. I do not believe in what is going on today, where if you are well enough off, you can buy yourself out of murder in this country.

The Deputy has attacked the judiciary for their decisions in cases they have tried. He has been attacking them for the last half-hour and I feel if he has nothing else to contribute he should sit down and let somebody else speak in honesty on this Estimate.

The Chair knows its duty and if I had attacked the judiciary it would have ruled me out of order, but I have made no attack on the judiciary. I have attacked the political influence and the political interference with people trying to do their duty, who are told to go easy on so-and-so if they want to get promotion.

In the Limerick case I have said that the judge stated he knew the full facts were not being given. I am praising the judge for being man enough to say that he knew what was going on. My point is that I will not stand for this kind of justice. Neither will I stand for Mr. Tony Hederman, Senior Counsel, attacking me in the courts. I have the statistics of what he was paid for being Secretary to Fianna Fáil.

That has nothing to do with the case. The Deputy is out of order in referring to people outside this House because they have no way of replying. The Deputy is abusing the privileges of Parliament.

Surely the Deputy is entitled to correct the record?

The Minister has no responsibility for the matter.

But the Deputy has a responsibility to protect himself.

Why does the Deputy not reply outside the House?

He was elected to the House.

If judges had the same respect for the courts as the Deputy has for this House we would be in a fine position.

I have respect for law and order in this country.

The Deputy should try the cases.

The gentleman I have been talking about was paid £14,795 of the taxpayers' money in the last three years. He does not want to see anyone rocking the boat.

That is not in order.

I asked the Minister for Justice on the 19th February, 1969, what these people were paid. In the year 1966-67 the sum was £3,600; in 1967-68 the sum was £4,046; and in 1968-69 the sum was £7,149 making a grand total of £14,795. I do not think it is right for this gentleman to reprimand me. It is all the more interesting to see from that list that over 95 per cent of that money is paid to members of the Fianna Fáil Party and only five per cent is paid to barristers or counsel who support the Opposition.

The Deputy should be careful about that statement.

If the Deputy thinks I am wrong he can correct me. On this list after the person's name and his party, if he is a Fine Gael man, I see the sums of £5 and £35 but in the case of Fianna Fáil men I see sums of £2,335 and £2,005.

Obviously these men are worth it.

(Interruptions.)

Would Deputies allow Deputy L'Estrange to make his speech?

I was accused in this House of encouraging the farmers to break the law and I repudiated that. The fact of the matter is that as far as the Government were concerned they broke the law, if anybody broke the law, because we had selective justice for the farmers of this country. The farmers were not allowed to march and when they paraded outside Leinster House they were taken to Mountjoy. I should like to know if that was justice. If it was justice, then I would ask why the Tenants' Association a month later, when they paraded outside, were met by Deputy Boland along with RTE reporters and the news reporters.

The Deputy wants the tenants put in gaol.

The Deputy can twist it any way he likes. All I want is justice in this country. I do not think it is justice to arrest one section of the population and not another.

(Interruptions.)

Deputy L'Estrange is in possession. Would Deputies allow him to make his speech?

It was a well-known fact that at the time of the farmers' dispute instructions were sent by the Government to all district justices informing them that they should enforce the rigours of law as far as the farmers were concerned.

Can the Deputy prove that?

Yes, I can.

(Interruptions.)

Would Deputies please allow Deputy L'Estrange to make his speech?

We agree with free assembly and free speech. That has been our policy since the foundation of the State. We agree with peaceful marches and demonstrations. They can be a safety valve. But it is wrong for people to take the law into their own hands. There is a report in today's Irish Times which says that there was a picket outside the Golden Grill in Letterkenny last night for the function for the Minister for Agriculture and Fisheries and they were attacked by no less a person than Senator McGlinchey and other members of the Fianna Fáil Party; their peaceful picket was broken up. When people are protesting peacefully, then they should be allowed to protest, and no man, Senator or anyone else, should be allowed to take the law into his own hands, break up a picket and take the placards from them. That was what happened in Letterkenny last night.

Did Senator McGlinchey not drive over a picket outside Leinster House?

He did not drive over a picket. What about the man who jumped out of the window in Liberty Hall?

What about Deputy Brian Lenihan, then Minister for Education, jumping out of the toilet window in Trinity College?

(Interruptions.)

Deputy Brian Lenihan was the Minister for Education at the time. Unfortunately, crime is on the increase in all our cities and towns. Juvenile delinquency is increasing. Something should be done to provide more playing fields and more grounds for youth. I know this does not arise on this Estimate and I shall not stress the point. On 12th November, 1969, at column 721 of the Official Report, I asked the Taoiseach "whether any directorships or other positions in any business or other concern are held by Government Ministers; and, if so, if he will state their nature." The Taoiseach, in reply, told me:

No Minister holds any position that could reasonably be regarded as interfering, or being incompatible, with the full and proper discharge by him of the duties of his office.

That is entirely wrong. The Minister for Justice practises as a solicitor and what he is doing is certainly not in conformity with what the Taoiseach told me on 12th November last. There was a letter read in this House, a letter from the Minister, encouraging a certain person to break the law. The fact that the Minister told the recipient of that letter to keep the letter a secret and to destroy it proves that the Minister knew that what he was doing was wrong. The lady to whom the letter was written was encouraged to go into a particular house and she was told that, when she had gone into the house, the Minister would do his best to see that she was kept on as the tenant. He encouraged that lady to break the law.

(Interruptions.)

The Minister did not deny that he wrote the letter. It was read out here and it is a simple matter to paraphrase what was in that letter. It told a particular person to go into a house and squat in that house, to say that she was a relative and, when the other tenant left, she would be appointed as the tenant. I do not know what right the Minister for Justice has to encourage anybody to break the law.

We have proof that the Minister is practising as a solicitor. It has been stated here and in many of our leading newspapers that the highest possible standards should obtain where the Minister for Justice is concerned. If the Taoiseach turns the Nelson eye on what is going on we will in time become a banana republic and not a parliamentary democracy. The Minister for Justice should not practise as a solicitor. Proof has been given here of his advising counsel in a court of law. That is utterly wrong. The Minister for Justice is in a position to have at his command information which is not at the command of every other solicitor in the country and, because of that, it is possible for the Minister to abuse his position as Minister for Justice. The Minister has told us that he will be introducing legislation dealing with landlords and tenants. A great many clients go in as either landlords or tenants and the Minister is in a position to give his clients information which could be very valuable to them.

I should like now to quote from the Longford Leader on 29th November, 1969. The leading article deals with the current controversy raging around Deputy Moran and states that this again raises the question of the single-mindedness of Ministers of State. The matter of whether a Minister who is qualified in a profession should continue to act in that profession while in office should be sorted out in the same manner as the situation of a Minister holding directorships in firms was dealt with. It goes on to state that it may be argued that Ministers hampered by laws governing them in these matters might find ways and means of avoiding the financial penalties by securing outside benefits in a roundabout manner and that such avoidance would be difficult to control. It further states that it is an unfortunate fact that, whereas the law might be obeyed in the letter in this country it might be evaded in the spirit. “The setting up of stooges to sit in for Ministers on businesses they clandestinely are involved with has many precedents in Irish life.” I do not want to quote the whole article but it should certainly bring home to us the fact that the Minister should resign either as a Minister or as solicitor, if he intends to remain on as Minister. If the Taoiseach will allow him to remain as Minister he should resign as solicitor. The Taoiseach will hardly remove the present Minister for Justice for very good reasons. First, I do not believe he is strong enough and, secondly, it is a well-known fact that the Minister supported the Taoiseach and was not prepared to support Deputy Colley because Deputy Colley did not at that time agree with low standards in high places such as we have in the Department of Justice today. In all probability, that is what Deputy Colley was hinting at because it was down to the west of Ireland he went to make that important statement.

What we want today in Ireland are high standards in high places and especially in the Department of Justice. I deplore the attack made by the Minister for Justice last week on Deputy O'Higgins, an honourable Member of the House. When the Minister speaks about the Bar there are few who know more about it and its use than Deputy O'Higgins. I want to say——

The Deputy has just condemned one of the most respected members of the Bar.

——when Deputy O'Higgins's grandfather and uncle were working and fighting and dying for Ireland the Minister's father and grandfather were using the Bar and the crowbar and the battering ram as Lord Lucan's agents to put the people out of holdings in Mayo.

The Deputy is making charges against people who are not present. He is abusing the privileges of the House.

If the Minister attacks decent, respectable men who have worked with honour and dignity, we are entitled to tell him what we think of him.

The Deputy should have respect——

Do not talk about respect for this House. We know what was said about this House in the past.

(Interruptions.)

Order. Deputy Michael O'Kennedy.

It is a matter of regret for almost all of us that we had to be here for what Deputy L'Estrange had to say. Most of us would prefer not to have been here——

Because it was the truth.

We shall deal with some of that "truth" later on. Even with our experience of Parliament we do not like to see it being debased to the level to which Deputy L'Estrange has debased it with the mud he has thrown around from the time he began to speak this afternoon. I regret that as a Member of the House I became involved in some way even with the denial of some of the allegations that Deputy L'Estrange made because I think those who sent me and the other Deputies on this side of the House here to represent them would wish us to do something more important and positive than deal with allegations of muck and filth which Deputy L'Estrange has produced from his own personal archives for the past few years. We shall deal with some of the allegations but my capacity to deal with them cannot match Deputy L'Estrange's capacity for digging them up. I hope the Deputy will come back at some stage because I have some very pertinent things to say.

The Minister in opening the debate covered a wide range of matters relating to his Department and matters far removed from what we have heard in the past two or three hours. I was somewhat disappointed that the trend of the debate did not develop as broadly as indicated by the Minister's speech. Up to this afternoon the debate appears to have covered "Seven Days", the Garda Síochána and the personal suitability of the Minister for Justice. The "Seven Days" programme has been ruled out because of the judicial inquiry now to be set up and, accordingly, I direct no remarks towards that issue. As regards the Garda Síochána I had better declare a personal interest in that I represented the Garda Representative Body before the Conroy Commission and many of the points made by Deputies here were, I think, made fairly fully by the representatives of the Garda at that Commission. It would not be inappropriate, therefore, for me in that I did enjoy that particular position of trust for them to make a further plea to the Minister, or any other Minister, to implement as soon as possible the reforms sought by the Representative Body.

I have been encouraged by the fact that representatives on all sides of the House have acknowledged that it is not just in the interests of the force but is equally, or even more, in the interests of the community that this matter should be dealt with expeditiously. I hope the Minister will ensure that as soon as the report from the Conroy Commission is made available it will be published with all possible speed as all of us and the community at large, apart from the Garda Síochána altogether, are very anxious that the recommendations be implemented as soon as possible.

I was disappointed that Deputy Fitzpatrick, who led for Fine Gael, also narrowed the terms of reference considerably because if what he had to say on the Department of Justice represents official Fine Gael policy it is very poor indeed. Deputy Fitzpatrick lectured certain Members of the House as to the propriety or otherwise of acting in a professional capacity as prosecutors for the State and he indicated that two Fianna Fáil Members of the House were prosecuting in their own constituency. I do not know what research he undertook before he made the statement but I know I am quite right in assuming that one of the prosecutors to whom he thinks he is referring is myself. I have every reason to know that he does base his charge on my being one of the two Fianna Fáil prosecutors and this is not creditable conduct, according to Deputy Fitzpatrick.

I have been a Member of the Upper House for four years and of this House since last June, and I have been an associate and active member of Fianna Fáil for I do not know how long, and in all my years at the Bar, not only have I not prosecuted but I have never had a State brief. I have never even on one occasion—and this gives the lie to what Deputy L'Estrange argued— earned one guinea from the State; I do not say there would have been anything wrong if it had happened. It is hard to sit here and listen to a lecture from Deputy Fitzpatrick when I know he is referring to me when he says two of us—it can only be two of the three Fianna Fáil members and I know he does not mean my colleague in Dún Laoghaire/Rathdown—are prosecuting in our own constituencies. I hope that somebody will tell Deputy Fitzpatrick that his facts are wrong and tell him and Deputy L'Estrange and others like them that from now on before making any allegations or giving any sermons they should ensure that their facts are a little better established.

To deal broadly with the Minister's opening speech which, as I have indicated already, was very broad, there is a matter which causes some concern to the Minister and his staff and also to practising lawyers and the public. It is the matter of law reform. The Minister indicated the scope and nature of legislation which is at present under review by the law reform section of his Department. He indicated also in his opening remarks that the strength of the skilled advisory staff in his Department is severely limited. This is a fact which, of course, must have some effect on the programme for law reform being promoted by the Minister and the Department, but it is because of the numerical limitation on the personnel in the Department that some doubts arise from time to time in the legal profession, and possibly with the public also, as to the fullness of the advice available to the Minister on the basis of his law reform programme, as to how wide are the views made available to him and also whether they are experienced views from the standpoint of practical problems.

I do not for a moment suggest that no consultation has taken place but it is particularly important where there is a limited number of people in the Department dealing with such a vitally important matter as law reform, that no individuals would themselves determine without full consultation with all interests concerned what is the most enlightened programme of law reform for this country. There is a fear abroad that a certain amount of this is happening at present in the Department of Justice.

Law reform, whether landlord and tenant, criminal law, criminal practice and procedure or any other aspect, is a very detailed and difficult matter and I hope that henceforth it will be seen that every consultation is made available to all professional bodies, the Incorporated Law Society and the Bar Council, before any programme for law reform is implemented. Secondly, such consultation having taken place, the experienced views of experienced men at whatever level should be noted. I know in the nature of things that when you have a limited staff problems will arise but I think because of this very limit consultation should be extended as far as possible.

The Minister referred to some legislation, proposals for which he has in his Department, such as the increase in jurisdiction for circuit and district courts, the right of solicitors to be appointed to the circuit court benches and to plead before every court, and the question of the merged profession. I shall leave that for a moment but I should like to deal with a question more important than personal isolated issues—the general question of administration of justice. Perhaps it is just as well that Deputy L'Estrange is not here just now because if we had a repetition of what occurred when he was here it would not serve any purpose and certainly would not help those people who are concerned with the administration of justice.

Deputy L'Estrange made quite a number of very valid points which he backed up with quotations and reports.

If quotations from newspapers or from Deputy L'Estrange's own personal file are what we are going to accept as gospel in this House, then I am afraid we are going to act on very flimsy evidence.

There was a lot of material which was true and Deputy O'Kennedy knows that.

There was a lot of material, some of which I shall prove to be untrue. Deputy L'Estrange is concerned that there is one law for the poor, one law for the rich, one law for Taca and another law for everybody else. Let it be clearly understood that Taca is not going to be hurt or offended by what Deputy L'Estrange has to say. It is well able to protect itself and the effects of any of Deputy L'Estrange's allegations will not have any far-reaching consequences on it; the decision at the last general election was sufficient justification for its existence despite all the allegations made against it beforehand. Neither will Fianna Fáil nor any member of the legal profession greatly suffer if Deputy L'Estrange is going to accuse them of malpractices or anything else; nor will the individuals who, as Deputy L'Estrange said, have got favoured justice, who apparently have had the benefit of Taca justice, who have had personal allegations made against their character or whose families have suffered injury, suffer permanent and serious damage.

However, what will leave a permanent scar is something mentioned by Deputy L'Estrange this afternoon— an allegation against our judiciary and against their impartiality. If the public think there is any substance in these comments then a permanent ill has been suffered, damage has been done to the impartiality of the judiciary, but much more important, to the whole concept of justice in this country. This I regard as being the utterly sad and reprehensible result of Deputy L'Estrange's allegations.

It has been rightly said that you can guarantee all kinds of rights in a country where you do not have an independent and impartial judiciary. It is significant that these rights are available in many of the totalitarian States; it is significant that in newly-emerging States who have not yet learned the value and necessity of an independent judiciary, sometimes the decisions of the judiciary are upset by personal values of the people concerned. However, we in this country pride ourselves that we have reached an advanced stage of sophisticated democracy. I had such an impression until this afternoon, but it has collapsed completely. We are now expected to accept from Deputy L'Estrange and Deputy O.J. Flanagan, who has something to say on this also, that trial by words whispered in the ears of Deputies L'Estrange and Flanagan is nearer to the justice the people of this country want than trial by the judiciary established here.

It amuses me when we hear cries from the Opposition side for a judicial inquiry or investigation into the "Seven Days" programme, into moneylending and so on, yet when they have that same judicial investigation every day of the week they make allegations that the judges are reaching their decisions because they have been influenced, that the penalties imposed are reached because the judges are so influenced, and this is surely a sad reflection on the standard and calibre of this House.

May I refer specifically to one of the numerous cases mentioned by Deputy L'Estrange. He spoke of a case recently heard in Portlaoise Circuit Court where the accused was charged with both manslaughter and dangerous driving causing death. The accused was also charged with summary offences for failing to stop, for failing to give information to the Garda under section 106 of the Road Traffic Act. Deputy L'Estrange said this afternoon, and he and Deputy Oliver Flanagan said previously, that they asked the Minister for Justice, who could not have been in a position to reply to the allegations they made at the time although he did make a full statement, if he could give the full details, the full circumstances in which the charge of manslaughter was reduced to one of careless driving or of dangerous driving, bearing in mind the fact that the driver drove on to the footpath.

Deputy Flanagan was not here to continue with this matter. He had been asked to leave the House and he duly left. The Chair made the decision that this matter should not be discussed.

It was raised today by Deputy Flanagan.

Therefore, I believe that if Deputy Flanagan was not allowed to raise the matter here——

Deputy Flanagan said on that occasion——

Deputy Flanagan left the House when requested to do so.

The Chair intervened on that occasion because Deputy Flanagan was criticising the decision of the judge.

I have not yet got to that stage and I hope I never will. If what Deputy L'Estrange said was relevant——

Deputy O'Kennedy has gone on record today as saying that if a person were a member of Taca he could do anything. I do not wish to get involved——

The Deputy will have an opportunity of making his own speech.

And I trust he will inform Deputy L'Estrange and Deputy Flanagan of the facts of the case. The charge on that occasion was under section 106, that the accused failed to stop and failed to give appropriate information to the Garda. I have taken the opportunity of consulting people who were not concerned with either side, who were in court, and I have also consulted with prosecuting and defence counsel. I should like to put the record right as far as all the allegations about Taca influence, on the judiciary or otherwise, are concerned. It was suggested that the charge was dropped—that the charge of manslaughter was reduced to one of careless driving. The fact is that the representative of the accused, some time previously, offered a plea of guilty to dangerous driving causing death. The accused offered to plead guilty to that offence, offered that to the prosecuting counsel, and prosecuting counsel—this will no doubt come as a surprise to Deputies L'Estrange and Flanagan—refused to accept that plea of guilty to a charge of dangerous driving causing death and said: "Irrespective of the fact that the accused is pleading guilty to that charge we will continue with our charge of manslaughter".

It may be more significant that even when the State proceeded with the charge of manslaughter the defence, the accused, still allowed his plea of dangerous driving causing death to stand: he did not withdraw that plea, as he could have done. I wish these facts—and they are the facts—to be considered by Deputies L'Estrange and Flanagan and I should like them to consider whether this is an indication of unequal justice or of a man being allowed off because of some connivance. The State on that occasion proceeded with the most serious charge possible against a person accused of a driving offence. That was not the end.

The State called all the evidence in that case—that of two passengers in the back seat, one in the front and all the other evidence—notwithstanding the fact that the accused had pleaded guilty to dangerous driving causing death, and none of the evidence disclosed had any basis whatsoever on which a prima facie case of manslaughter against the accused could be established. This was by common consent of everybody in court. We must remember that the accused still faced a penalty on a charge of dangerous driving causing death.

The accused himself was not obliged to do so, but he went into the box to give his version relating to the matters on which all of the witnesses called had given evidence. Then, the defence counsel applied for a direction from the court which had not then heard the entire case. As I have said, a direction to the jury was applied for and everybody in the court agreed that there were no facts to justify the jury even considering a verdict on the manslaughter charge.

As the accused had pleaded guilty to dangerous driving causing death, the judge dealt with that offence and on that conviction, to which the accused had pleaded guilty, he was disqualified for two years and a fine of £100 was imposed. We heard Deputy L'Estrange this afternoon say that somebody can come along, mow down a child and get away with a £2 fine. The danger is that people outside might accept that kind of dangerous rubbish.

That sentence stands. Where Deputy L'Estrange is confused, or wants to be confused, is that in imposing that sentence the judge was aware of and took into account the summary charges of failing to stop and failing to give information: these charges were pending against the accused and the judge took that into account in imposing a fine of £100 and a disqualification of two years.

It is regrettable and it is sad whenever there is a fatal accident involving a little one, but the burden of the parents is not lightened by the fact that their tragedy is being misused in this House. It is sad also for the person who was unfortunate enough in some way to be the instrument of such a death, but in case anyone has a notion that this gentleman or anyone like him is getting favoured treatment, let me point out that it is unusual for anybody found guilty of dangerous driving to be sentenced to imprisonment. It is very unusual indeed. There has been one such sentence, however, and that was imposed on a brother of the accused in this case. We are asked to believe, by Deputies L'Estrange and Flanagan, that this is Taca justice. If this is Taca justice it is a great credit to Taca.

Will the Deputy tell us the term of imprisonment the brother got and the term he served? I believe it is relevant since the Deputy raised it.

No matter what is raised here we will be able to give the facts.

Because the Deputy raised it he should be able to explain it a bit further.

Deputy L'Estrange brought it up.

Deputy O'Kennedy referred to the brother also being involved.

Can we have order?

As I said when I raised this matter, I am sorry that poor family had to be used, or that the accused and his family will have to listen to it all over again or that a member of the Bar Library, who happens to be a supporter of Fianna Fáil, was involved, but the important issue here is that the judiciary are before the public seen to be and have been for so long, to the pride of this country, an independent judiciary and that the people of this country, despite the mudslinging allegations of Deputy L'Estrange, Deputy Flanagan and others, can have confidence in that judiciary. The day that confidence is undermined will be equally as sad as the day that the confidence of people in this House is undermined. Much of what Deputy L'Estrange has gone on with today, I am afraid, has gone a long way towards undermining the confidence that any reasonable person could have in the function of Dáil Éireann.

Any reasonable person knows it by now.

I certainly hope they do.

Mr. J. Lenehan

Nobody takes him seriously except the Egyptians.

While the function of Telefís Éireann and their right to protect their sources and all matters of that sort are, of course, very important, while other matters that arise here from time to time are of importance to the structure of the State, nothing is more important than the impartiality of the judiciary and I regret that it has been called into question by people who are so uninformed and apparently so unconcerned about that same impartiality.

The Minister referred to the fact that he intends to introduce legislation to reform the Land Registry or if not to reform it to lead to greater efficiency and speed in dealings in the Land Registry. It is fair to say that the Land Registry as it stands at present is, in fact, doing, as best it can, a very efficient job and doing it in a very speedy manner. The whole basis of the compulsory registration of title, which is under the jurisdiction of the Land Registry, means, in fact, that title can be transferred from one person to another purely by the simple and expeditious manner of effecting a change in ownership of the folio concerned. This has given rise to very expeditious work in the transfer of title throughout the country. In recent times sites have been bought for housing development, for factory development, for so many other developments that we have seen, and the Land Registry, even allowing for the expeditious manner of their dealings, find that they, too, are under severe disability in coping with the volume of work being referred to them. Remember that each time, for instance, a site is acquired for development there must be not just a transfer from the original owner, A, to the new owner, B. There must be a new folio created to apply to the new site which has been acquired by the new owner, B. A new map will have to be drawn up for him. Obviously, the Minister is aware of the problem because he says that he has introduced a member of the Ordnance Survey section to the Land Registry to expedite the mapping facilities in the Land Registry. The very nature of the work demands that this be done. I hope the Land Registry will be enabled, either by an increase in staff or more modern business methods, to deal with the great burden of work that at present they are, unfortunately, not able to cope with as adequately as one would wish.

I am also glad to hear from the Minister that he is introducing shortly compulsory registration in certain counties of all kinds of title. I think he mentioned Wexford, Carlow and one other. This will mean in the long run much more expeditious dealings throughout the country in all kinds of title transfer. It will mean incidentally too, for those who are concerned, that conveyancing lawyers will not be as much sought after as they are at present, that certain counsel will probably earn less fees, if any at all. I suppose that in itself will commend itself to a large number of Members of the House. The important consideration, however, is that it will lead to efficient and cheap transfer of title. I hope that this pilot scheme of compulsory registration in Leinster will be extended as soon as possible throughout the country if and whenever the scheme has proved a success.

In the course of debates here we have heard some views expressed on the legal aid situation. Generally there have been arguments for the extension of legal aid to civil cases. I do not want to take everything that every Deputy says in the House as being literally his opinion. I do not want to take a chance word as representing what his considered view is but I trust that when Deputy Desmond spoke about the well-heeled barristers and the fact that no member of the public wanted to rely on the charity of such well-heeled barristers——

I do not recall using the term "well-heeled".

I recall it being used, whether or not it is on the record.

Deputy Andrews recalled it.

I recall it too.

I checked the report.

The Deputy may well have, but if my hearing serves me that expression was used in the House when I was present. In any event, I should like to say that the criminal legal aid system as it applies at present has been covered in the Estimates for 1968-69 by an expenditure of £9,289. The actual amount voted for the purpose was £16,000 so that there is an excess of almost £7,000 available over that which was in fact used. This, everyone will admit, is rather unusual in this day and age. Here I make the case seriously, not just in the interests of the Bar or the solicitors profession who, in fact, have borne more of the brunt of this than members of the Bar. The fee which is payable to counsel or solicitors for defending a criminal charge in the Circuit Court or the Central Criminal Court is the sum, for one day, of ten guineas. This may seem to be adequate money for anybody but what is not taken into account is that the cost of going to Waterford, Cork, Donegal or anywhere else and the cost of preparing one's case and the cost of staying overnight in a hotel, and such like, swallow up the ten guineas that is made available by the State to defence counsel. The same applies to the solicitor on a criminal charge. The fee payable to him in a case of that sort is also ten guineas. That is the gross fee for the first day.

When the scheme was introduced both branches of the profession were very anxious to ensure that it would be made to work and almost universally members of the Bar and the solicitors profession put their names on the legal aid panel to be available to anybody who was granted legal aid by the court. Unfortunately the expense and the loss which counsel and solicitors have been involved in in accepting legal aid nominations have changed the minds of many of them. While this was, as I understood it and as both branches of the profession understood it, meant to be a temporary matter to see how it would work out, unfortunately the scale of fees—perhaps the subject of negotiation now—is still the same, no change has been effected, and in recent times large numbers of solicitors and barristers have been obliged to withdraw their names from the panel of legal aid. I witnessed a situation recently in Waterford—this will concern all who are concerned about the defence of accused people—where only one solicitor in the court was actually on the legal aid panel, and when, some legal argument arose as to whether the accused was entitled to a transfer to Dublin or should be tried in the circuit court in Waterford, the judge adjourned his decision until the end of the afternoon to consider the authorities that had been mentioned to him. That solicitor who was not even from Waterford waited in court all day until about 5 o'clock, as did his counsel, to hear the judge's decision on the matter. I may be wrong in this but I do not think that either one or the other was entitled to any fee for that particular service on that day.

The concern here is, as I have already said, that so many of his colleagues have withdrawn their names from the panel and I am quite sure that he cannot be very enthusiastic at this stage about allowing his name to remain on the panel since he was obliged to stay in court from about 10.30 in the morning until 4 or 5 o'clock in the afternoon waiting for a decision and, in fact, performing a service for which he would get no remuneration whatsoever. This scheme was introduced by the Department in the best interests of the people absolutely concerned—the accused—and I presume that it is retained in their interests but I would make a strong plea to the Minister, without making any special reference to appropriate figures because his own advisers and others will be able to give him much better assistance in that regard than I could, that, at least, this probationary scale fee which was introduced some time back for both professions be changed as soon as possible. Otherwise, the whole basis of the scheme will collapse and the very worthy idea behind it will fade completely.

A case has been made for an extension of the legal aid system to civil legal aid. This may be desirable and, naturally, the Minister and his Department would need to have some idea of how much it would cost. However, I am quite sure that if he were to introduce a scheme of civil legal aid the Minister would get the same co-operation in its implementation from both branches of the legal profession as he has had up to now on criminal legal aid.

When Deputy O'Higgins said that no man ever went without legal advice or legal assistance because of lack of money and that any time anyone goes to court he is entitled to the best solicitor and the best counsel, he may have been putting it just a little too roundly. I would be the first person to concede that this is not universally so. I do not wish to question the basis of Deputy O'Higgins's statement but while members of both professions would like to think that such is the case, many of us who are no more endowed with the gift of charity than anybody in any other profession or occupation, have found that in the case of a penniless plaintiff we will get out in the heel of the hunt with nothing if the case for the plaintiff is dismissed.

This is quite a regular experience with lawyers. The credit for this is due more to the solicitors profession than to my profession because we merely devote time and whatever energy and ability we have whereas a solicitor has to do quite a bit more. He provides not only time but expense. He must undertake the cost of getting civil bills issued and served and he has to pay stamp duty. He also has to bear the cost of engaging professional witnesses, doctors, engineers and so on. This practice has been carried on almost universally and in an understanding with them counsel have also acted on the basis "no foal, no fee".

I should like to pay that tribute to the solicitors profession. While it may apply to 98 per cent of cases there will be the two per cent with whom Deputy Desmond or anybody else must be concerned who, initially, will not go to a solicitor because they have no money and who consider that it would be too expensive to go to a solicitor.

Would it be only two per cent?

Not very much more and Deputy Corish will be surprised to hear that about 75 per cent of that two per cent do not belong to the poorer classes as we understand them because the poorer classes generally know that if they are beaten they have nothing to lose.

Surely, it is a disincentive to a solicitor if he knows he is on a loser?

That is so but, on the other hand, I would like to make it clear that it is the person of limited property who generally pays the piper when it goes to law because, if he is beaten, his property can be taken. We are dealing with a matter which, if not significant in number, is significant in importance. It is for that reason that I suggest to the Minister that if he is dealing with civil legal aid, although this may not be the time to do so, he might consider the possibility of extending criminal legal aid which, in my view, is more important. If a limited fund of £25, £30 or even £50 was made available to solicitors to reduce the problem of making available such witnesses as doctors, engineers and others, it would help a great deal.

At present, the real difference between the person who wishes to go to court and cannot afford it and the person who wishes to go and can afford it is that the latter can get his case heard more quickly. No solicitor can be blamed for leaving over a case for which he knows he will get no remuneration until after he deals with matters that will give him normal remuneration.

The other problems as to the administration of the system and who would qualify I leave to the Minister and to the consultations I hope he will have with the appropriate professional bodies.

Another matter that has been mentioned in the course of the debate is the function of the Department in the maintenance of public order. Deputy Keating said—and I think he was "hear-heared" at some stage in this by Deputy Desmond, if Deputy Desmond did not in fact repeat the same sentence:

We see young people all over the world claiming the right to demonstrate. In my opinion, this is a profoundly important and absolutely basic and central human right, and we must do nothing in legislation to limit that right.

Deputy Desmond would probably agree that his sentence on that subject re-echoed those sentiments.

We on this side of the House are as concerned as anyone else that fundamental rights, the right to demonstrate, the right to speech and any other right be given in this country under the legislation enacted by this House to those who wish to avail of them. This is something which this Parliament is charged with ensuring. Our Constitution has something to say on it too and this point has been forgotten by so many who would regard the right to demonstrate as being an absolutely basic right, unqualified, unlimited and certainly not such as should be tampered with by legislation. The Constitution, Article 40, section 6, subsection 1º says:

The State guarantees liberty for the exercise of the following rights subject to public order and morality.

Among those rights are:

The right of the citizens to assemble peaceably and without arms:

They provide a second qualification here and state:

Provision may be made by law to prevent or control meetings which are determined in accordance with law to be calculated to cause a breach of the peace or to be a danger or nuisance to the general public and to prevent or control meetings in the vicinity of either House of the Oireachtas.

You have then those rights subject to two qualifications. The first one, the general one, is "subject to public order and morality" and then the right of the citizens to assemble peaceably and without arms is also subject to the qualification, that provision may be made by law to prevent or control or regulate the holding of meetings. Here we get back to basics because too often, and judging from the expressions of view from the Labour Party in the course of this debate, people regard this right, the right to free assembly, the right to free speech or the right to anything else as being not a right at all but a licence——

We never suggested that.

——as if it was something never to be touched, never to be questioned at all. If I can at least interpret Deputy Desmond's concern, it is most important that our gardaí would be trained in the techniques of handling those matters so that they will all pass off nice and quietly, that the people who indulge in demonstrations will be subject to the laws that apply to all of us in this country. Anyone who thinks a fundamental right means an absolute, unqualified right—I think the term "absolute" was used by Deputy Keating—is certainly on a very wrong line indeed. One has not to go too far to see how people are deprived of those absolute rights in the totalitarian States in Europe and elsewhere. Those are rights which are sometimes claimed absolutely by those most in sympathy with those same totalitarian States. Let it be understood that the public order and morality and the public interest, in whatever legislation is being discussed, whenever it will come before the House, must be taken into account by this House, by this Minister or any other Minister, if they are answering their responsibilities under the Constitution and they must enact laws to control and regulate demonstrations.

Does the Deputy suggest that the Criminal Justice Bill be continued? Is that what the Deputy is arguing about?

I am not talking about the Criminal Justice Bill now. I am arguing about what Deputy Keating and Deputy Desmond had to say. Deputy Keating said:

We see young people all over the world claiming the right to demonstrate. In my opinion, this is a profoundly important and absolutely basic and central human right and we must do nothing in legislation to limit that right.

He was referring to the Criminal Justice Bill.

The Deputy is trying to imply he was advocating disorderly demonstrations.

I am not saying any such thing. I can go further and tell you what he said. He said:

We have seen that, because wide sections of the community and particularly the young are now claiming that right more freely than was the practice, perhaps, ten or 15 years ago, the police authorities in many countries, not traditionally equipped and not specially trained to deal with situations of proper and legitimate and, almost invariably, peaceful demonstrations, are overreacting and provoking violence.

He goes on to deal with this matter.

Is the Deputy trying to suggest that violence should be provoked?

Is the Deputy not entitled to make his speech without interruption?

Is the Deputy suggesting they should be restrained?

I am not suggesting they should be restrained any more than the demonstrators should be restrained.

Deputy O'Kennedy should be permitted to make his speech without interruption.

You are trying to say that the monopoly of restraint is, as he put it, on the left and the monopoly of provocation is on the right.

The Deputy is on the same tactics as his other colleague.

The Deputy should not try to defend his own colleague.

Further on, Deputy Keating said:

It is important that we should make the point that where violence has occurred it has come frequently not from the demonstrators who generally are people of what one might call a left political opinion, but from those who want to deny the demonstrators the right to demonstrate

That is a lovely little bit of special pleading that the violence comes not from demonstrators, who generally are of left political opinion, but from those who want to deny them this absolute basic right. Other people may feel that it is interference with public order and morality and that, in fact, as the Constitution says, it is interfering with them exercising their rights. Might I say in this connection when people demonstrate for the old and the ill— I have taken part in demonstrations and I hope I will again and I want to let it be known clearly that I am not here questioning the right to demonstrate and nothing any Deputy says will put that interpretation on what I am saying——

The Deputy wants to put his own interpretation on what Deputy Justin Keating said and wants to deny any other person the right to interpret his speech.

There are four or five more pages on this but I do not see any reference to any particular legislation. He talks in general about the right to demonstrate and matters of that sort.

Discussion on the Criminal Justice Bill is out of order on this debate.

It was referred to.

He said he was concerned about public order. He was talking about the Criminal Justice Bill.

He was talking about public order and that is what I am talking about too, not about the Criminal Justice Bill which is not before us. I would like to make this point in connection with demonstrations in general. I do not question the enthusiasm and I do not question the ideology behind those who would demonstrate but do they ever consider the rights of other people? Henceforth I would ask them to consider that the very people they may be concerned about are possibly the people who are most interfered with and in some instances frightened by the developments of public demonstrations. The holding of demonstrations would seem to those whose only defence is a very limited one, and who naturally are concerned, as interfering with their rights when they cause noise or turbulence. Those are the people who first take fright, those are the people to whom fear is a real thing. I have seen it in some of the demonstrations I took part in as a student. Those are the people who suffer, not the young students who are strong and healthy, not the young lads who can go and shout at the gardaí and get a push or a shove from the gardaí.

That is not what happens.

The Deputy knows this as well as I do. I am making the plea that henceforth regard would be had for the old and weak people who have expressed concern to me about this matter. They have a real fear, whether it is well-founded or otherwise. I am sure this fear has been expressed to many others in the House. This kind of thing will lead to the chaos that I am afraid those old people in particular fear more than anything else. That is just a thought for those who suggest that the right to demonstrate is not subject to the rights of others.

There were many references made, and may I say many obviously informed references, in the course of this debate to our probation facilities. Obviously many of the Deputies who spoke on every side of the House had more information regarding the city of Dublin than I could hope to make available so I do not intend to repeat what I think has been better said by others. However, I want to make a simple point to the Minister that, as he knows both as a Minister and in his practice as a solicitor, as well as many others who have seen the probation service in action, it is generally understaffed and that the Garda Síochána throughout the country, particularly where they do not have probation officers, exercise the function of probation officers themselves, that they advise the court very considerably. Far from endeavouring to punish an habitual offender who has been brought to justice they endeavour to explain and to mitigate as much as possible the circumstances under which he has been brought before the court again.

One matter of which all of us who practise in courts are aware, is that the vast majority of criminals are people with a deprived background, who have had almost a criminal environment from birth. These are the people who arouse the greatest sympathy in us when we speak here. Unfortunately, however, because of their attitudes generally towards the gardaí, although they may be sympathetic, towards the courts and officers of the courts, though they too may be sympathetic, they are often not in a position to benefit from whatever treatment the court may direct for them, by way of penalty or otherwise. There is an urgent need for the probation officer system to be extended so that one can get to the actual root of the problem, the home environment. In my experience, and it is the experience of most lawyers, the vast majority of criminals, even those who do such terrible things as those to which Deputy Briscoe referred—looting houses when the owners are at a relative's funeral, and this indeed is a terrible offence—are people who have had a criminal background from infancy.

We should, therefore, spare no effort to get the guards in amongst those young people who are in that environment, to become respected by them and to be available to help them when trouble arises, because trouble will arise. In the nature of things these people are in the front line of temptation. With the experience which the Garda Síochána have had, and because of the great work done by probation officers, this is almost a matter of simply increasing the number of probation officers. This should be done in the city first of all because their numbers are too limited and their jurisdiction too great. If necessary, then, the number could be extended, at least in the larger towns.

Hand in hand with this goes the question of after-care and consultation. The probation officer, of course, is the person who will keep in constant touch with the young offender whether he has been released from prison fully or is on temporary release. There is need here for a better education of what one might call the habitual criminal and a better tolerance of him by society. This would go a long way towards meeting what is a great social ill.

In this connection, the Minister should consider extending the work of the ban-ghardaí. The case for this was adequately and fully stated at the commission and I do not intend to repeat it. The ban-ghardaí are particularly suited for dealing with young offenders and experience has shown them to be both dedicated and successful. If the Minister could increase the number and scope of the ban-ghardaí he would be providing a very useful service.

I come now to a final aspect of what I wish to say. I had intended to say it earlier but I was aroused by what Deputy L'Estrange said and I took the impartiality of the judiciary as being a matter of first consequence. I should like to refer to the reorganisation of the courts and related matters. Probably everyone would agree that there is no reason why solicitors should not have the right of audience in the High Court and even in the Supreme Court. Equally, there may be cogent reasons why the Minister and the professions concerned should consider the possibility of a fusion of the professions. The committee dealing with this matter have issued invitations to the public to express their views and I hope that Members of this House who have strong views on the matter will communicate those views to the committee so that the matter can be dealt with in an objective and enlightened manner and not on the basis either of antagonism towards any branch of the profession or a personal interest in any branch of the profession.

The Minister also mentioned the possibility of appointing solicitors to the circuit court. If solicitors are going to practise in the circuit court, or in the High Court, or in the Supreme Court, I do not think anybody could deny they are as entitled to be appointed to that court as any other member of the profession. However, I am sure the Minister will take into account that while solicitors at present do have the right of audience in the circuit court they exercise it in a very limited way. This is for well-founded reasons which I do not intend to go into. One can query then, that if people have not had experience, or have had limited experience, in the court, whether they would be qualified to act as judges in that court. I am not one who claims that any branch of the law has any monopoly either of knowledge or experience, far from it; each branch fulfils its own function in its own way. However, where there are special fields in which one branch has a monopoly of experience then surely as things stand it is only appropriate, in the interests of the public, that the judiciary for that particular tribunal should be selected from that branch of the profession. I would hope that solicitors would use the right of audience more in the circuit court for only when they do could they be regarded as being the appropriate people, the same as anybody else, to be appointed to the appropriate court.

One thing which shocks people who have to travel to various courthouses, particularly those who are in the happy position of having to visit them only once in a lifetime, is the terrible condition of those courthouses. By and large they are in a very dangerous condition and in some cases they are positively unhealthy. Recently I was in a courthouse in Waterford which was in a dangerous condition because of excavations nearby and because of the actual state of the courthouse. There are plans for renovating it but it is typical of many courthouses. There are rats in the vicinity and some were even in the judge's chamber before the court sat. One can imagine the damp atmosphere of some of these places. People going into such courthouses nearly expire from the cold and damp but members of the legal profession have practically to live in these places. Going around on circuit one wonders why there are not adequate facilities for carrying on business in the courthouses in regard, say, to consultations.

How can one deal with a client's business if one has not a suitable room to sit in while hearing him on the merits of his case? I practise on a circuit where, I regret to say, in at least two instances, there are no consultation room facilities at all. The consultation, such as it is, takes place outside of court. The court sits between October and June—generally. Throughout the winter, particularly, one can appreciate the impossibility of doing the job properly. One can go to the solicitor's office if the staff are not using portion of the office on that day: it might be some distance from the court. I wish to express a personal view—not the view of the bar nor indeed even of a collective group of my profession but a view which I think may coincide with some views —that the Minister might consider, when increasing the jurisdiction, a regional court rather than the present structure of the courts. After all, we subscribe to the concept of regional development in various spheres. Some years ago, it was necessary to have four circuit courts in a county when travel facilities were not as convenient as they now are. With present travel facilities, the Minister might consider having in each county one good, fully-equipped, modern courtroom with conveniences and comfort not just for lawyers and the judge, though they are perfectly entitled to them like anybody else, but for the litigants and witnesses. It would go a long way towards saving expense—certainly from the point of view of maintenance —and it would go some way towards increasing the amount of litigation dealt with. I suggest that these regional courts be set aside purely for civil business and that another court in the same region would at the same time be set aside for criminal business. Nobody denies the right of the criminal to his trial, least of all the legal profession who want him to have his trial as quickly as possible. However, in some cases, ordinary litigants have frequently to wait for hours, sometimes days, in the environment of these old courtrooms until such time as some criminal business is disposed of. In some instances this arises because we have not, perhaps, a sufficient number of judges.

While this House might not take kindly to my plea for, if necessary, three, four and five extra circuit court judges to be appointed, I would point out that judicial time, as such, and judicial expense, as such, are far less and indeed far less important than public time and public expense in the context where people have to wait days because of lack of facilities or lack of opportunity for the hearing of a case in the vicinity of a courtroom. If we consider here expensive and important witnesses such as a doctor—the court facilitates doctors as soon as it can— one can see that we may be penny wise and pound foolish. If we could have more judges available in better-equipped courts than the present situation of fewer judges in very ill-equipped courts, it would be very helpful. I term it a "regional" court for want of a better word. It might be one court exclusively for civil business and another court exclusively for criminal business in either a large county or in a combination of two counties where every litigant, every witness and every lawyer would be sure that, on a particular day, their case would be dealt with satisfactorily and in normal comfort.

I suppose that, in a way, it is almost regrettable that I, a lawyer, should end my contribution with something directly relating to lawyers. The more important aspect of what I want to say concerns the impartiality of the judiciary. I want to assure the Minister that the legal profession—certainly the branch of it to which I am attached and I am sure the same can be said for the solicitors profession—are anxious that the profession they practise will enjoy not just their own respect but the respect of the public whom they serve. It is fundamentally in their interests, and they realise it, that whatever reform is undertaken will be undertaken in the interests of the public. Therefore, I recommend that whatever reform is undertaken will be done in full consultation with the professions concerned.

As one qualified in law only a short number of years and who had no connection with solicitors or barristers prior to entering the solicitors profession, may I say that I do not believe that any member of the judiciary has at any time—to my knowledge, anyway—accepted bribes or come under political pressures. If they have come under political pressures, I believe that, in the vast majority of cases in regard to the circuit court, the district court and the High Court, it is very rare indeed that these people have succumbed to temptations which might occasionally arise. Deputy O'Kennedy criticised Deputy L'Estrange for mentioning Mr. Hederman. I would point out that he was mentioned recently in a court by that same senior counsel and Deputy L'Estrange was trying to put his point of view on record.

I should like to think that what the Deputy says is true. Unfortunately, with the best will in the world, I cannot. He questioned the basis of the judge's decision.

The question was asked whether Deputy L'Estrange was right in raising the matter. If something comes to the attention of a Deputy which he believes should be raised in this House, I believe, after due consideration, it should be raised if the Deputy considers so. I believe Deputy L'Estrange gave the matter some consideration. The facts of the case were serious and unusual and it deserved discussion.

The Minister's opening statement covered a lot of matters. I just want to refer to something mentioned by the Minister when addressing the Society of Young Solicitors in Galway and dealing with the fusion of barristers and solicitors into one profession. This first came under consideration when Deputy Haughey was Minister for Justice and later when Deputy Lenihan was Minister for Justice. Its head has now been reared again by Deputy Moran as Minister for Justice. In his Galway speech the Minister said: "The idea of a unified profession should get much more thought in the country. I believe that unification should be our ultimate goal." Different people will have different views on this.

Would the Deputy give the source of the quotation?

It was in the papers.

I said it.

Some thought should be given to this. Thought and discussion on this subject are necessary. The system in operation is working well. If this matter is not given full consideration and, if a merger is rushed through, this could be disastrous.

A barrister's role is that of an advocate. This is a specialised role. At the moment this role is filled by a relatively small group of people, almost all of whom practise from the Bar Library. A barrister is to the legal profession what a specialist or consultant is to the medical profession. A person goes to a solicitor and if he wishes to get further advice, the solicitor gets that advice from a barrister. At the moment, the cost of obtaining such an opinion is not excessive. As a general rule it is quite reasonable. In the country in particular, if solicitors require specialised advice they bring the facts of the case to a barrister and get his opinion for something in the region of three to five guineas. This is a cheap way of getting precise information on a point of law. If we had a merger it might lead to an amalgamation of the larger firms in Dublin. It might eventually transpire that we would have firms of solicitors practising in the larger towns only, towns like Athlone and Castlebar. This could lead to increased costs. It could also lead to the country solicitor, as we know him, becoming obsolete over a number of years.

The Minister said that he did not think it would be desirable for us to have two separate professions in view of our prospective entry into the Common Market. If we had a fusion of the two professions it would be far worse having regard to the Common Market. In the country in particular, there would be limited library facilities, limited means of access to court decisions, and limited means of access to decisions in the various Common Market countries but, if barristers continue to practise in the Law Library, if a solicitor in Birr or Tullamore or any other town wants advice on some point of law in one of the Common Market countries, he will be able to get it. The barristers in the Law Library could give him specialised advice on any point of law. For this reason I think amalgamation would be undesirable. This is my own viewpoint and I believe that if the Minister has any steps in mind he should proceed with caution.

Deputy O'Kennedy referred to people who want to take a case to court and who cannot pay the costs. Very few people have not had their case heard. Solicitors and barristers have taken on cases at times and paid for them out of their own pockets. They have paid for advice from doctors and engineers and professional people to enable them to bring a case to court. However, I believe this is a mistake. We should consider a change in the form of the legal aid scheme. Expenditure on the legal aid scheme in criminal cases shows that, even though the scheme is working, it is not working to its full extent.

The fact that £9,298 was spent on this scheme this year shows that it has not got off the ground yet. We should look into this matter because the scheme is not being properly utilised. The young men and women who are coming before the courts on criminal charges are not getting the full benefit of it. The reason they are not getting the full benefit of this service is that the solicitors and barristers who are representing them are not being properly paid. A sum of £16,000 was voted for this on the last occasion and over £9,000 was spent. The Department of Justice should do all they possibly can to improve this service. This is badly needed.

In regard to the civil matters a limited form of aid should be introduced. It is not good enough that a person with a genuine case should have to go to a solicitor and ask for charity. Nobody should have to fall back on charity. Even though his case would be brought, it should be brought as of right. It could be that this would cost a great deal of money but the importance of so many different aspects of law relating to workers, tenants and other categories of people, I believe that now more than ever a form of civil legal aid is needed. It would be tragic if a person who had a case were deprived of the right to bring it forward through lack of finance. It would be a question of law for the rich and none for the poor, leading to a situation where a litigant who had means at his disposal would have an advantage over the person who had not the wherewithal to fight him.

From the number of cases with which I have had to deal in the years I was in practice, I believe that in England free legal aid is working reasonably well. When a person is involved in an accident or something else like that he can get whatever advice he needs and have his case heard and decided. This is something to which the Minister should give urgent attention.

The Minister gives the various figures for crime for 1968, and says that in the year ended 30th September, 1968, there were 23,104 indictable offences recorded as against 17,700 in 1964, that is to say, in a period of four years, an increase of 5,404 indictable offences or approximately 30 per cent. This is an alarming increase. I note also that 54 per cent of the people convicted of indictable offences last year were under 21 years of age. It is very serious that people of such a young age should be convicted of an indictable offence and grow into manhood or womanhood with that blot on their character. We would like to think that an offence of this nature does not stand against a person but unfortunately the truth is that it can deprive a person of a position.

The reasons for the increase in crime are mostly social and economic. This increase in crime involves not only the Department of Justice but the Department of Local Government as well. Housing schemes are created but there are no playing fields; there are very few recreation centres. These are perhaps some of the reasons. Another reason is something that is world-wide: thousands of flats are built in an area and are occupied by people of the same walk of life, people who have not the same benefits as people in other areas. These places sometimes develop into ghettoes. Because it is economic to build houses in a certain way, this problem does not get the attention it deserves.

The ideal situation would be to have people from all walks of life living in the same area; there would be no Foxrocks or Fatima Mansions. People of different backgrounds would be mixing with one another and getting different views of life. Young people from these ghettoes to which I have referred, where crime is on the increase, are going around with flick knives and various other weapons to protect themselves. A lot of hard things have been said about the people who commit these crimes, but unfortunately they never got the opportunities which they so badly need. If houses are built down a back road or on plots of land which are not suitable, the occupants tend to lose a sense of pride in their property and in themselves, and one could almost say they disintegrate and degenerate. It is a pity to see various councils providing this type of housing. A survey could be made of housing on back roads or on roads cut off from the rest of the world. Such a study would show that these people are socially under-privileged and that they give vent to their feelings by committing crimes against society, which in turn sentences them to a period in prison. We should all be saddened by a situation wherein 54 per cent of the people convicted of indictable offences are under the age of 21.

The Minister said and I quote from his speech:

Last year I mentioned the opening, in August, 1968, of a semi-open institution in Shanganagh, County Dublin, for the accommodation of suitable first offenders and selected long-term inmates in the 16 to 21 age group who show promise of improvement and of responding to guidance.

Such institutions are very desirable because they allow people to pay the penalty which society demands without having to go to prison. We have between six and eight probation officers in this country and I think this is deplorable. In England at the moment there are over 2,000 probation officers. Probation officers can help a person when he is in prison and they can also help him to get a job and settle down when he leaves prison. When a person leaves prison with a blot on his record he needs help and assistance. If he does not get such help he is likely to rebel, commit another crime and will be sent back to prison.

The Minister also mentioned the appointment of a psychiatrist to the prison service. Psychiatrists can be of great help to prisoners. When I read an American book on the treatment of prisoners I found they were a long way ahead of us. They have discussion groups which the psychiatrist attends, where the prisoners recount the various crimes they have committed and why they committed them. They also discuss their social background and even though on occasion it could be said that a prisoner might obtain new knowledge about how to commit certain crimes, it does appear that this sort of discussion has an excellent effect on the people concerned. It gives these people an opportunity to find out just where they have gone wrong and why they have gone wrong. I am pleased with the Minister's announcement of the appointment of a psychiatrist.

I do not think a proper study has ever been made of the effectiveness of our penal methods in reforming the criminal, as distinct from merely punishing him. The various forms of sentencing people—a fine, a term of imprisonment or the suspension of a licence—should be studied.

The Minister stated that we have a 61 per cent detection rate. That means, however, that 39 per cent of the crimes committed in this country are not accounted for.

With regard to the closing of Garda stations, this is something which should be undertaken very, very slowly. The closing down of Garda stations could have serious social consequences. The Garda are held in very high esteem and one of the reasons why they are held in such high esteem is their close contact with the people. The gardaí in my area are accepted as members of the community in which they are living. They are welcome in every household. They take part in social events and games. They get to know the people in this way and, in turn, the people get to know them. If Garda stations are closed down the people and the gardaí will lose these contacts. That would, in my opinion, be a retrograde step and one to be deplored. Once these contacts are lost they will never be regained. Again, the closing of a Garda station means a loss to a district. That should be borne in mind, particularly as so many other institutions such as schools, hospitals, and so on are being closed down.

I have occasion to visit Garda stations and I am appalled at the conditions of most of the stations I visit. If convicted criminals were asked to spend a weekend in some of these stations there would be a public outcry. But these are the buildings in which our gardaí are expected to live and work.

Ag éisteacht lena bhfuil ráite ar an meastachán seo agus ag déanamh staidéir air, níl aon dabht ná go bhfuil an meastachán seo ar cheann de na meastacháin is tábhachtaí a thagann os comhair na Dála. Tá a fhios agam go bhfuil daoine anso atá níos cáilithe maidir le cúrsaí dlí ná mar atá mise ach de bhrí go dtuigimse go mbaineann cúrsaí dlí leis an ghnáth-dhuine agus gur gnáthdhuine mé féin measaim go bhfuil dualgas orm smaoineamh nó dhó dem chuidse a nochtadh anso.

Listening to the speeches here and reading others in the Official Report, one is reminded very forcibly of the importance and significance of the Department of Justice—not that one should need any special reminder of that. We all realise that where you have people you must have order and you must have an acceptance of the code under which we operate, each man allowed his own freedom but asked not to contravene or impinge upon the freedom of others.

Again, listening and reading, one is reminded of the very unwelcome fact that notwithstanding the material advances which have been made, notwithstanding the extent to which man has succeeded in conquering his environment, known and unknown, there has been, unfortunately, not alone in Ireland but all over the world, a movement away from good and towards ill and wrongdoing. It would be wrong—this is something we should all ponder—to accept that any movement away from discipline is the key to social order, that any movement away from discipline is the key to human or community happiness. At a time when we should be concerned with positive proposals and with positive action, it seems unfortunate that we should be obliged to spend £12 million in forcing people to accept what was presented to them not in the last year, not in the last century, but many centuries ago, in simple commands given to a largely pagan people. I say this without sanctimony, without any special advocacy and uninspired with any idea of superiority. These commands were presumably the minimum and, notwithstanding all our material advances, we are all likely to expire hitting our heads against these simple commands.

Did I detect in certain contributions an anti-social note? Perhaps there is an obligation to express every point of view here; I concede that. In the situation in which we find ourselves there is an onus on the Government to ensure there are sufficient gardaí available in situations in which there are collective protestations. It is suggested that there is an onus on the Government to see that sufficient gardaí are available to look after those demonstrations, to look after those mobs but we have reached a point where we should cease looking after the alleged down-trodden and showing concern for the small minority and think more about the majority who are anxious to go about their business without injury to anybody. They are the people who are contributing most towards the payment of the officers we are asking to look after the mobs. The second point I would make is that we seem to be more concerned for the non-conforming minority than we are for the majority of righteous, respectable people in the community.

Deputy Bruton looks at me in pretended amazement. Presently, I shall develop my point to include the Deputy. The Deputy quoted a statement from an unnamed garda who said he was obliged to spend 15 or 16 hours a day on the streets of Dublin on the occasion of the NFA demonstration. The Deputy would have us accept and assume that the responsibility was the Government's. Some of it may have been, and perhaps there was a tragic lack of communication, but Deputy Bruton might also suggest to the NFA or to the Housing Action Committee, which he also mentioned, that they might consider making their protests in some way that would not require the eternal vigilance of the members of the gardaí about whom the Deputy is so concerned.

The Deputy also mentioned, and I was with him 85 per cent of the way, that the gardaí nowadays were being asked to carry out their duties under a code of regulations which was operating here when the police force was the force of the oppressor and the enemies of the people. We have not, apparently, considered that sufficiently and reminded people often enough that the gardaí are their friends. There is need for a better relationship between the gardaí and the people. There may be some problems there, such as in a situation like that which Deputy Enright mentioned, where you have the local garda sergeant visiting people in his barrack area. It may not be very easy for him if on the following day he has to carry out the law against such people. Yet, we should have done more to remind people that the gardaí are their friends. I suggest that in the teaching of civics in schools the teachers should bring in the local sergeant and members of the Force occasionally to have a chat with the children, tell them how they look after them and so on. Then we would not have the situation that when a garda is seen around a school one immediately wonders what window has been broken but we would see him there as a friend of the children and the community.

Deputy Bruton was concerned as I am about our delinquents. Having made the point that he was concerned earlier about senior delinquents he went on to speak about delinquents obliged, because of their delinquency, to spend some time in our institutions. I am also concerned about that delinquency but to suggest, especially when the information was available from a recent parliamentary question that on average, these delinquents spend four to five months in these institutions, and that, generally speaking, 35 per cent of them are neither educationally nor intellectually as advanced as they might be, that there is a responsibility on the Minister to introduce expertise and skilled personnel so that after the expiration of four months these boys could be released and put into worthwhile employment, is a rather ridiculous statement.

Four months is the average. Some stay much longer.

And some stay much less.

Yes, but I am talking about those who stay much longer and I am sure the Deputy would agree that employment is the best deterrent to crime and that if you can train them for employment they are less likely to commit crime.

They are at present being trained for employment.

I want to extend that.

I think the Deputy will concede that when the average student outside who, we can assume, is entitled to the same rights as a delinquent, takes two years or three years to prepare for a trade, it is a bit much to ask that we set up machinery whereby in four months we can prepare a retarded boy for employment.

He need not be completely trained.

Nor does he have to be retarded.

The Deputy mentioned that 35 per cent are retarded.

Yes, but there is another 65 per cent who are not retarded. One could work wonders there.

On that score I would be in a slightly different position from Deputy Bruton. I have talked to these boys and for the past four years I have been endeavouring to do something extra on their behalf. Something extra is needed. From my experience most of the boys brought before the visiting committee for misdemeanour, when questioned about the work they were doing, invariably referred to the mat shop. I went to see the mat shop.

It should be closed down—does the Deputy agree?

I would suggest that a psychiatric case or a boy not blessed with the same wisdom or understanding or mental balance as the rest of us, would not be improved by the mat shop. Some other alternative exercise might be used instead. On the other hand, we should mention that these boys have not been totally neglected educationally. There is a gentleman there who has his leaving certificate. Those of us who have degrees are perhaps too ready to look down our noses on people who have not but in my opinion this man has something which is much more important—he has teaching experience obtained elsewhere before he came into the service. The man with the leaving certificate and with teaching experience, having regard to the standard of boys in the institution, is a far better and much more suited teacher than some psychologists, psychiatrists or academics with degrees stretching from here to Connemara but who know very little about handling human beings.

That is a very reactionary statement. I do not believe that as a teacher the Deputy really believes this.

As a teacher I believe that the man who is trained to teach is a better man than the one who has just studied education.

Provided he is also a specialist in a specialist situation.

As a teacher I believe the man who is trained to teach is much better than the person who has spent four years learning about education.

Was this man trained to teach?

The man was trained to teach.

Was he trained to teach delinquent children?

Will Deputies please allow Deputy Tunney to make his speech?

I thought, having regard to the interest which Deputies pretended to show in this matter, that they might have made inquiries in the proper place. I am telling you of my experience and opportunities will be given to others to make their case against mine. I am not entirely satisfied but we should give credit where credit is due. As far as the present holder of the office of Minister for Justice is concerned it has been my experience on the committee that he was the first Minister who made so much of the visiting committee as to bring them over to his office and talk to them about matters relating to the institution. We should also give credit to the city librarian of Dublin who has made suitable books available to these boys.

Regarding the matter of diet, I have seen what these boys get for breakfast, dinner and tea. Not so many years ago I saw men who were obliged to go out and work, men who were obliged to rear families, and the food they got was not very much, if at all, superior to the food now being given to the boys in the institution. I am not saying I am happy that it is the best we can do but we should not be too derogatory about the situation that now exists.

Does the Deputy agree that the place should be closed down?

I do not.

Well, the Minister does, and Deputy Haughey, the previous Minister, did.

I am not the Minister. I should not like to see the place closed down until some other better place had been prepared.

St. Patrick's is a dump and we all know that.

Deputy Desmond has spoken on this Estimate.

We are supposed to be debating.

Not in this fashion.

The Minister has made a forward move in that he has acceded to the request of the committee in the matter of segregating the boys. We were not satisfied with the situation formerly where a criminal of 21 years could fraternise with a young boy of 16 years who was in for some minor offence. Another suggestion I would make to the Minister—I do not know what the views of others might be—is this; there is a big lack in the institution at the moment and that is the lack of women.

Mr. J. Lenehan

The lack of what?

Women, Deputy.

Whatever they got, "they ain't got dames"!

Most of the children in the institution come from homes that have been broken up, from homes where they did not enjoy the normal comforts, but it can be said that whatever homely comforts they had came from a mother. They are now in an environment completely surrounded by men and I do not think that psychologically it is good for them that they should not at some stage be able to go and chat to a lady. I think they would confide more in a lady than they would in a man.

Mr. J. Lenehan

Not Lady Chatterly, I hope.

I offer my opinions and I am sure that when my good colleague contributes to this debate he will suggest what kind of lady he would like to have there or elsewhere. I am not going to dwell any further on the institution except that in the matter of diet the Minister and other people have spoken about protein, starch, spuds and murphys. I would suggest in the matter of the presentation of the spuds they might be given to the boys in the fashion they have been accustomed to getting them—in the form of chips.

I shall leave the judiciary, the lawyers and solicitors to those who know more about it. One comment I shall make, with which I think everybody will agree, that whether the fault lies in this House or with the judges or lawyers, the ordinary man in the street still does not appreciate what the law is doing for him. He has a certain feeling, a certain dread sometimes bordering on suspicion, regarding the law and perhaps we should speak about the law in a fashion which the ordinary person will understand.

My final point refers to Deputy Bruton. I mentioned earlier that he was making a good case for all people who have been neglected in our community. He made a good case for members of the Garda Síochána; he suggested, and I agree with him, that they should have more money. He made a good case for the inmates of St. Patrick's and Mountjoy, for the psychiatric cases and for the psychopaths, for any other half-right type he could afford to mention. Before finishing, nevertheless, he mentioned one matter which disturbed me very much. He suggested it was not necessary, he thought, for a member of the Garda Síochána to be able to execute his duties in the language of this country, in one of the languages of this country. I quote from column 13 of the Official Report for 2nd December:

Mr. Tunney: Does the Deputy deny me my constitutional right to talk to a garda in the Irish language?

Mr. Bruton: I deny the Deputy the right to expect the garda to have to listen to him.

That was not enough. His foster-father joined him: "Hear, hear".

Mr. J. Lenehan

Who is the foster-father?

Deputy Garret FitzGerald.

Mr. J. Lenehan

He must be a bigger lunatic than himself.

To me this is not a joke. There are people in this country who, without offending any law or requiring the gardaí to warn them in O'Connell Street, or who, without breaking a window or doing injury to anybody, have the feeling that most Irishmen have, that some day we may reach a position where the people of Ireland will be speaking the Irish language.

Mr. J. Lenehan

Deputy Bruton is only a mushroom.

I am hoping there would not be any animosity or emotion about this, but in a situation where during the last few days we have been defending and making a case that every warped person in the country should be listened to—I concede we should listen to him—that we should go out of our way to listen to every statement that is made in this country——

Hear, hear.

——it is an extraordinary situation that you have members of the party who claim and hope that one day they will lead the people of Ireland standing up in this House and applauding and complimenting each other when one member says that his policy—and apparently the policy of the party—is that they will tolerate in this country every type except the type who will make so bold as to say that he should be allowed to voice his thoughts in the Irish language.

I did not deny that.

Mr. J. Lenehan

An bhfuil Gaeilge agat? Níl oiread agus focal agat.

He comes from a constituency into which Governments of this country have moved people from certain areas which were congested, uneconomic, where people could not live. Governments have moved people from these areas to Deputy Bruton's constituency. He has living in his constituency people who are not prepared to give full voice to their thoughts except through the medium of the Irish language and Deputy Bruton, representing them here—maybe it is because he resents their presence there——

That is not fair.

Mr. J. Lenehan

Níl focal Gaeilge aige.

Ar mhiste leat dá leanfainn? Deputy Bruton, representing these people, will deny them the right to go about their ordinary business in the Irish language.

The point is that I do not believe every garda should have the obligation to speak Irish. Perhaps he should in Irish-speaking districts, but I do not think it is fair to require that every garda, as a condition of his employment——

Nach iontach an rud é nach bhfuil focal Gaeilge á labhairt inniu?

Níor cheap mé go dtuigfí mé.

Mr. J. Lenehan

Tá a fhios againn nach bhfuil Gaeilge acu. Focal níl ag na daoine sin.

Ní fíor é sin. Níl le rá ag na Teachtaí thall ach: "Níl focal aige, níl focal aige".

Tá a fhios ag na Teachtaí gur thosnaigh mé i nGaeilge. Ar eagla go dtuigfí go raibh mé ag déanamh leithscéil, dúirt mé go raibh mé ag súil leis an lá nuair a bheimid go léir ag labhairt Gaeilge anseo. I do not hope, and I did not say so, that we can turn this House into an Irish-speaking assembly overnight. I am happy to concede that anybody who does not wish to speak or listen to Irish being spoken is personally entitled to say so if he desires. What I am concerned with is that Deputy Bruton and Deputy FitzGerald would deny to Irishmen the right to speak in the Irish language if they so desire.

That is not true at all.

I shall quote again from the debate on 2nd December:

Mr. Tunney: Does the Deputy deny me my constitutional right to talk to a garda in the Irish language?

Mr. Bruton: I deny the Deputy the right to expect the garda to have to listen to him.

Dr. FitzGerald: Hear, hear.

Mr. Geoghegan: Deputy Bruton should be ashamed of his remarks on the language of his country.

Mr. Bruton: I thank the Members of the House for their attempt to edify me in this matter.

Dr. FitzGerald: There is no need to thank them for their hypocrisy.

This is pure hypocrisy. Half the Cabinet cannot speak Irish.

The Deputy should cease interrupting.

Mr. J. Lenehan

The Deputy may have a few pigs in his pocket.

The Deputy may have some potheen.

Will Deputies allow Deputy Tunney to continue?

Ability to speak Irish is not a requirement for entry to this House. Why, therefore, should it be a necessary requirement to be a member of the Garda?

Later that day, Deputy Bruton said, having stated that learning Irish is something which a garda should not have to do:

There are other duties which a garda has to fulfil and which are very detrimental to his morale.

For Deputy Bruton's information—I challenge it very much—the Garda look on the Irish language as something that would not be detrimental to their morale. In saying that he has done quite an injustice to the Garda force.

Mr. J. Lenehan

Or their morals, which? They would not know the difference.

I must say that I owe Deputy L'Estrange an apology. Earlier on I suggested that he had some hand in the NFA demonstrations which took place. He assured me in reply that he had not. I accept that and I credit him with perhaps a little more responsibility than I was prepared to do earlier on.

I sincerely hope that I have not done anything to injure a cause which I shall, in my own quiet way, I hope, as long as I remain a Member of the House, be advocating. It is not appropriate to this Estimate I know but I shall be quietly, unemotionally advocating the cause of the Irish language, advocating it in the hope that when we will all have it—and this would be the main reason why I would advocate it—there will be among us a greater family feeling, a feeling that we do not have at the moment, a family feeling which will help, among other things, to reduce the size of the Estimate for the Department of Justice.

My intervention in this debate will be very brief indeed. At the outset I should say that if this debate on the Estimate for the Department of Justice is known for anything it will be for the fact that so many irrelevant subjects were brought into it.

I had no intention of speaking on this Estimate but on Tuesday, 2nd December, at column 101 of the Official Report Deputy Lenehan from Mayo made reference to the fact that one Pat Donnellan——

Mr. J. Lenehan

I have a dozen of those letters here for the Deputy if he wants them.

I have a lot of them here myself, Joe, concerning you.

Mr. J. Lenehan

If the Deputy wants fun he will get it, I can assure him.

When the Deputy spoke I did not interrupt him.

Mr. J. Lenehan

The Deputy had not got the gumption to interrupt me because he knew what I would give him.

Will Deputy Lenehan please control himself?

At column 101 of the Official Report of 2nd December, Deputy Lenehan stated that one Pat Donnellan used the postage facilities which only Members of the Oireachtas are allowed to use. As the brother of that individual I feel it is my duty not to defend but to express my point of view on that. Deputies on the other side of the House are aware that every representative here gets some assistance from one individual or another with his correspondence. In the course of giving me a hand with my correspondence an envelope which should only be used for parliamentary purposes was used for a letter which was not connected with parliamentary business. Of course, there is no definite proof of that. Deputy Lenehan did not produce any concrete proof here that such an envelope was used——

Mr. J. Lenehan

I did.

——but it is quite possible that it may have been. The suggestion by him that hundreds or maybe even thousands of them were used is completely wrong.

Mr. J. Lenehan

There is not a dance hall owner in the west of Ireland who did not get one of them.

Has the Deputy a dance hall?

Mr. J. Lenehan

I have not a dance hall. If I had I would not be here. I would have more sense.

The Deputy said the letter was to a Mr. Y. I think Mr. T. would be more to the point. If such a thing happened that is exactly how it arose.

Mr. J. Lenehan

There are plenty of them. The Minister has a couple.

I could, I suppose, reply to Deputy Lenehan and descend to his level.

Mr. J. Lenehan

The Deputy is not capable of doing it, of course.

I said I will not descend to the same level.

Mr. J. Lenehan

Ah, sit down Ascend you mean.

It would be very, very difficult indeed, when one thinks of it, to descend to the same standards.

Mr. J. Lenehan

Shut up, you Donegal smuggler.

I could remind Deputy Lenehan of some of his glorious past.

Mr. J. Lenehan

I know the inside of your party. I told you Oliver Flanagan would leave and I told you Richie Ryan would leave you. I was right.

I am not talking about the party now. I am talking about you personally.

Mr. J. Lenehan

I left ye too and why not? You are the rottenest lot. I got out in time. I had enough sense.

If Deputy Lenehan does not cease to interrupt I will ask him to leave the House.

Deputies

Hear, hear.

You heard him call Deputy Harte a smuggler?

Mr. J. Lenehan

I will not leave the House.

For the record, the only people who smuggle in Donegal are Fianna Fáil people and when they get into trouble——

Is it in order for a Deputy to sit on the steps and make disorderly interruptions?

I have already pointed out to Deputy Harte that it is not parliamentary to sit on the steps and interrupt. At least he should get into his seat.

I accept that ruling, I will take my seat, but it is equally unparliamentary to allow Deputy Lenehan to continue to interrupt.

On a point of order. Deputy Lenehan accused the Deputy from Donegal of being a smuggler. Surely that should be retracted?

Mr. J. Lenehan

If he can prove that he is not a smuggler I will withdraw it.

Innocent until proved guilty.

On a point of order. Are you going to allow that remark?

I did not hear the remark but if Deputy Lenehan used the word he should withdraw it. The word "smuggler" is out of order.

Mr. J. Lenehan

If I made any remark that should be withdrawn, Sir, I withdraw it but I do not know whether I did or not. I will withdraw it anyway.

I accept the withdrawal from the Deputy but for the record I want to point out that any smuggling that takes place in Donegal is carried out by Fianna Fáil people and when they get into trouble they go to a Fianna Fáil Minister——

If Deputy Harte wishes to speak, will he please stand up?

Mr. J. Lenehan

This is entirely irregular. If there is any smuggling done in Donegal it is done by the Deputy.

(Interruptions.)

Deputy Donnellan, on the Estimate.

Did you hear what the Deputy said?

I did not. I was addressing Deputy Donnellan.

The Committee on Procedure and Privileges.

I think he should request that the amplification be increased.

I will not descend to Deputy Lenehan's standards which I could do perhaps.

Impossible.

The Deputy communicated with a Mrs. Higgins and a few other people in his time.

Mr. J. Lenehan

The Deputy has no maggots with him?

No, I have not. However, I choose to turn over the pages for the Deputy. I emphasise the words "turn over".

Mr. J. Lenehan

Your father was a decent man.

Indeed he was.

Will Deputy Lenehan please cease interrupting for a moment?

Mr. J. Lenehan

It is hard to cease interrupting.

If he does not want to listen he has a remedy.

May I continue, a Cheann Comhairle?

If it is relevant.

I would like the Deputy to continue on the Estimate.

It is my wish to continue but I am being constantly interrupted.

From both sides of the House.

Control Deputy Harte.

I cannot accuse the present Minister for Justice of injustice to any of my constituents but I have a case on hand in which his predecessor made a decision. There were two individuals and if necessary I will give the name of one of them. In my area once, just before Christmastime, the gardaí raided their houses and it was found that they had a certain quantity of potheen. One of them had a bottle of potheen in the house while the other had three-fifths of a glass of potheen in his possession. They were brought to court and each was fined £25. The man who had the three-fifths of a glass came to me and asked if I might appeal it to the Minister. I must say that it was not the present Minister who was then in office.

If the matter does not relate to the present occupant of the post it may not be raised.

(Interruptions.)

Order. Deputy Lenehan must cease interrupting.

I am referring to the administration of justice as it affects my constituents and, if I can develop the point, the Ceann Comhairle will realise that I am entitled to do so.

Not unless it happened within the past 12 months.

The Minister found no grounds for reducing the fine but, when the man who was fined £25 for having the bottle of potheen in his possession appealed to his representative, the fine was reduced to £4.

Mr. J. Lenehan

That was a good representative.

Oh yes, an excellent representative. The point I am making is that the individual who had the bottle of potheen was a Fianna Fáil supporter but the person who had only the very small quantity happened to be chairman of one of the Fine Gael branches. This shows how justice is administered in this country.

Do you only give three-fifths of a glass to the chairman? How much do you give to the secretary of Fine Gael?

As I have said, this did not happen during the reign of the present Minister but——

It does not arise on this Estimate.

Anyway, a Cheann Comhairle, I have made my point and I would hope that when we come to the Estimate for this Department this time next year nobody will be able to point a finger at the Minister and say that during his term as Minister for Justice he did any injustice to anyone regardless of class or creed.

The Minister to conclude.

This debate has ranged——

I did not know that Deputy Donnellan had sat down.

The debate has ranged over a very wide——

On a point of order——

I looked to both sides of the House when Deputy Donnellan had finished and, as nobody offered, I called the Minister.

On a point of order, if a Deputy wishes to contribute he should be called and the Deputy has offered.

These interruptions are disorderly.

On a point of order, I have not very much to contribute to this debate——

As long as a Deputy offers——

The Deputy did not even see Deputy Donnellan sit down. He is like a puppet over there.

I am calling on the Minister to conclude. There must be some conclusion to the debate.

On a point of order, it was physically impossible for me to know when Deputy Donnellan sat down. I intended to make just a few points on this Estimate.

This is disorderly; the Deputy got plenty of time.

It is grossly unfair as far as I am concerned as a Member of this House and I wish to protest in the strongest terms.

The Deputy will protest.

I was elected by the people to put forward views to this House and I claim the same right as any other Deputy to do so but you are not allowing me that right.

The Deputy is entitled to no more than his right.

Why do you continue to deprive me of certain rights?

The Deputy did not offer.

I did offer and I ask the Minister, through the Chair, to allow me five minutes to make two points.

Deputies

Chair.

There has been a wideranging discussion on every aspect——

On a point of order.

Will Deputy Harte please resume his seat?

I am claiming the same right as any other Deputy in the House.

On a point of order, a Cheann Comhairle——

Mr. J. Lenehan

Oh, look at this thing getting up now.

Would the Ceann Comhairle not agree that it was impossible for Deputy Harte to see that Deputy Donnellan had sat down?

I was unaware that Deputy Donnellan had concluded and I think it is very unfair that an elected representative, Deputy Harte, is not being allowed the same right as any other representative. The Chair is failing in its duty to administer fair judgment.

The Deputy cannot make a speech on this occasion. The position is that when Deputy Donnellan concluded I looked to both sides of the House and, as no Deputy offered, I called on the Minister to conclude.

I accept that. How was I to know that Deputy Donnellan had concluded? Perhaps the Minister might allow me five minutes. This has been done before.

Deputies

Chair.

I only wish to make a suggestion. There will be no other speaker from Labour and, if Fine Gael can guarantee the same and if Deputy Harte sticks to his promise of five minutes, the Minister would not lose a lot by giving way.

This is a question for the Chair. I was watching and it is untrue to say that Deputy Harte offered when Deputy Donnellan sat down. I was on my feet having been called by the Ceann Comhairle and was speaking for a second or two before Deputy Harte offered.

I do not suggest it is the Minister's fault. There may have been a misunderstanding. Deputy Harte says all he wants is five minutes. There will be no other speaker from our party and I am sure there will be no other speaker from Fine Gael, if Deputy Harte says so.

Deputy Corish cannot speak for the Fine Gael Party. This is an attempt to keep me out when called on to speak. I propose to reply to the debate.

On a point of order, I was under the impression that once a Deputy offered a Minister had to give way to him.

That is not a point of order.

Deputy Donnellan, having spoken, should resume his seat.

That is not a point of order. It is a point of disorder.

On a point of order, is it not a custom when a Deputy gets to his feet more or less simultaneously with the Minister that the Minister——

(Interruptions.)

I am going to make my point of order and I am not going to be stopped. Is it not the custom, when a Deputy gets to his feet more or less simultaneously with a Minister or with a Member of another party who is replying to a motion, that the person replying is not called so as to leave the debate open?

The position is that Deputy Donnellan concluded his speech and resumed his seat. I looked to both sides of the House and, no Deputy having offered, I called on the Minister to conclude. If Deputy Harte had offered before the Minister or any other Deputy had offered, naturally I would have called him.

On a point of order——

We cannot have any further points of order. I have called the Minister to conclude.

I am entitled to raise a point of order.

The Deputy has raised six points of order.

I might point out that the Chair, when he is acting in his capacity as Ceann Comhairle, automatically looks to the left and to the right but this is no indication that he was going to call on the Minister nor did I know that Deputy Donnellan had concluded.

What were you waiting for?

I now call on the Minister to conclude.

I want to give you notice the next time I am deprived of my rights in this way I will sit out in the centre of that floor. I am giving you that notice to make sure I get my rights. Your rulings are partisan and extreme.

Come on, Bernadette Sit out there.

Before I leave I may say something uncharitable to Deputy Allen.

This debate has ranged over a very wide number of subjects

Is it proper to allow things to be said as were said just now to Deputy Harte? If the same remarks came from this side of the House you would take the necessary steps to reprimand the Deputy who expressed them.

This is a point of disorder. The Deputies are determined not to let me reply to the debate.

The Minister has been called on to conclude

Whether I am making a point of order or not is up to the Ceann Comhairle.

The Minister to conclude.

This debate, as I said, has ranged over a wide number of subjects but first perhaps I should make it clear that, in view of your ruling, Sir, the various references to the RTE television programme cannot be dealt with by me and consequently anything which has been said by Deputies in connection with it must go unanswered at this stage. In a way it was a pity that the further aspects of this Estimate were not given the same kind of consideration by some Deputies as that particular item. At all events, there were some quite interesting contributions in this debate on the different aspects of it and I will try and deal with them seriatim.

In the first instance there are a couple of things I want to get out of my way, or at least to get on the records of this House. Deputy T. F. O'Higgins made some personal references to me, some old, some new. First of all, I want to say for the record—and because I have the permission of the people concerned, I propose to name them—that on the Monday in question I was for approximately 2½ hours after lunchtime in the city of Galway when the High Court was in session, and Mr. W. B. Gavin, solicitor, Galway, and Mr. P. J. McEllin, solicitor, Claremorris, were appearing in cases and instructing counsel on behalf of the firm of Michael Moran and Company. Let me also say that of any cases of my particular firm which were before the High Court in Galway the only one contested was on Tuesday when I was not there at all. Counsel on that occasion was instructed on behalf of my firm by Mr. W. B. Gavin, solicitor. Those are the facts and I want to put them on the records of the House. Indeed, I am quite sure they were well known to Deputy O'Higgins when he raised this hare here. I will deal with why he raised it at a later stage.

However, Deputy O'Higgins was evidently hatching something else. He waited a long time, a period of four years, to make allegations on this Estimate concerning the solicitors in my local town deciding on a five-day week and saying that I strenuously protested about the firm I founded being closed on Saturdays because I was going to lose business. I want to put this on the records of the House, too. It is an unsolicited letter from those concerned:

Dear Mr. Ó Moráin,

I am surprised by the report quoted in today's Irish Times of Deputy O'Higgins's allegations on a meeting of Castlebar solicitors which took place in my office in 1965. I wish to confirm to you what occurred at that meeting. The meeting was called by me as Secretary of the Mayo Bar Association. It was held in my office and six Castlebar solicitors and yourself attended. The meeting was unanimous that all solicitors in Castlebar should close on Saturdays. You agreed to this but informed us that while your legal office would be closed for business on Saturdays you would have to use a section of your office to meet constituents from time to time on Saturdays. You explained that your assistant solicitor and office staff would not attend on Saturdays but that you might retain a receptionist to deal with constituents and telephone calls. At no time did you say or suggest that you wished to keep your office open on Saturdays for legal business. The five-day week was agreed on. I arranged to have display notices printed and the announcement that all solicitors' offices in Castlebar would be closed on Saturdays was published in three local newspapers. I further confirm that printed notices informing clients that your office would be closed on Saturdays have been and are on display in your Castlebar office.

This is for the records. This meeting of the Mayo Bar Association took place some four years ago and evidently Deputy O'Higgins was hatching out this attack that I was alleged to be trying to keep my office—incidentally the premises in which I live in the town of Castlebar—open on Saturdays for legal business. I have got to get the records straight as far as this goes.

Let me say, in passing, that the amount of business that any solicitor or anybody else does while occupying ministerial office or the amount of time indeed he has for it, and particularly depending on where his home is, is utterly negligible, irrespective of what the business may be. I cannot, however, pass by the fact that this sudden concern for the public conscience so lately took time to develop in Deputy O'Higgins. He did not see fit when he was a colleague of Deputy Pa O'Donnell in Government to remonstrate with Deputy Pa O'Donnell about opening a legal office convenient to the Custom House. I do not say that Deputy O'Donnell had much time to deal with that office either but I say that this pricking of Deputy O'Higgins's conscience on this issue took him a long time. He did not, I think, lose any night's sleep over advising Deputy Sweetman, who was then Minister for Finance, to close his firm or sell his interest in it.

It is very, very lately that Deputy O'Higgins developed this sudden concern about what business, if any, any Minister should be allowed to do. Speaking for myself, having to travel the distance that I have to travel, it is often once a fortnight and sometimes once a month that I manage to get down to meet my constituents. I do try to get down once a week since the Saturday closing. It is not so convenient for me to try to keep in touch with those who run my business as it was for those colleagues of Deputy O'Higgins when they were in government to do so here in Dublin. At all events, it is now quite clear that the reason Deputy O'Higgins was raising these hares and stirring up this mud was because he was probably hatching, in the same way as he was hatching for four years these allegations about the Castlebar solicitors, his attack on his own leader, which has now transpired, to knife him in the back with all the finesse of Tim Healy towards his leader, Parnell.

He was muddying the waters in this House trying to throw in these red herrings in order to cover up the attacks his friends were engaged in outside in order to cut the political throat of his own Leader. I believe they had gone so far as to buy the going-away silver for poor Deputy Cosgrave while Deputy O'Higgins was in here craw-thumping about a Minister's public duty. In any event, we had him here at length. We now know the reason for these diversionary tactics to which we were treated by Deputy O'Higgins.

The Deputy went on to refer to law reform and he said that he did not think the situation was such as to cry out for drastic or radical change. Well, nolimus mutari is a good old legal motto but it is not my motto, nor the motto of my party nor of the Government. There is need for change in the legal system and need for fundamental change and it is not today or yesterday that I said this. As long ago as July 1953, as an ordinary Deputy, I said that our entire legal system was unsuitable and that the quicker the House realised that the better it would be. I should like to refer to the Official Report for the Second Stage of the Courts of Justice Bill, 1953, for the 20th July where, at column 876, I said:

Those of us who have been connected with the legal profession have seen people beggared as a result of litigation. The sooner the two branches of the profession are amalgamated the more satisfactory the position will be and the easier it will be for our people to obtain justice. That will not necessarily mean the wiping out of one branch of the legal profession, as some people seem to fear. As happens under the American system, different men will specialise in different branches of the profession. The securing of justice is limited now by the size of a man's bank balance.

Earlier in the same speech I said:

The quicker we get the reforms for which our people are crying out the better it will be for the country.

It was as far back as 1953 that I advocated the decentralisation of the law. I strongly suggested that the cases that then came to Dublin should be heard at local venues and I pointed out that when the case comes on it is not only a question of lawyers but of medical experts, engineers, actuaries and other witnesses being dragged up to Dublin. There are now local sittings in the country of the High Court to hear original actions. The main reason for that was the persistent advocacy of the present Taoiseach when he was Parliamentary Secretary to the Government in 1954. It is certainly not due to the Bar Council who were strongly opposed to that proposal at that time. I hope to be able further to improve the position in the new Courts of Justice Bill to which I have referred and which I hope to have before the House early in the New Year.

Deputy O'Higgins referred to the reports of the courts committee and said that they were gathering dust in the Department of Justice. He said he did not believe that I had even read one of these reports. All that, of course, is quite untrue but the Deputy is not worried about making wild charges that he is unable to substantiate. In my opening Estimate speech on November 21st last I referred to the courts committee in detail and I said what was being done about the reports. The Deputy appears not to have read my speech, or if he did he chose for his own reasons to ignore it and the facts. He went on to mention a speech which, according to him, I made to the solicitors' apprentices in County Mayo. Again, the Deputy is wrong. The speech to which he referred was made to the Society of Young Solicitors and the General Council of Professional Solicitors at a seminar in Galway to which I was invited by the joint organisers.

Deputy O'Higgins tells us that traditionally the Executive in Ireland have sought to destroy and end the Bar and he mentioned the names, amongst others, of John Philpot Curran and Dan O'Connell, and he said that there were hundreds of others of the great Irish Bar who stood up to the Executive. Anybody who has read Irish history and pretends to try to put over this fairytale, that the Irish Bar in olden times stood up to the Executive, cannot expect people to accept that kind of twaddle. The fact is the opposite. From Peter the Packer up and down they were all timeservers. You would have to search the whole list of them with a fine comb to find anyone who stood up to the Executive and anybody who pretended to do so at the beginning always sold out at the end. The whole of Irish history is full of them. As far as quoting Curran's struggle——

I hope the Taoiseach approves of that statement.

As far as quoting Curran and his struggle for freedom is concerned, it would be accepted by most historians that his main claim to fame was through his daughter, Sarah, who was an embarrassment to Curran in his relationship with the Executive at that time.

The Minister should read Irish history.

The famous advocate was no sympathiser with the cause of Robert Emmet. As far as O'Connell is concerned, he was a very controversial figure. I give him his due for whatever he tried to do in his time but there are many people who took a very poor view of him. One person who took a very poor view of——

What about Pádraig Pearse?

——the same gentleman was Mitchel. At all events, there was this to be said about O'Connell. Possibly it is difficult for us to understand the material he had to deal with, but one thing he always made sure of was that he got his pound of flesh for defending all and sundry whereever he went. That is an incontrovertible fact so far as the same good O'Connell is concerned, with all due respect to whatever he did for his people in those days. As for all the rest of them, you could search the pages of history of any country and you could not find a greater shower of timeservers for the Executive from this to Timbuctoo and I defy anybody who reads Irish history impartially to say otherwise. The facts are there. In each and every age down through the years as far as the Executive are concerned——

You had better take down the plaque of Pádraig Pearse.

——and indeed——

What about Pádraig Pearse? He was not a practising barrister. Who said that?

Pádraig Pearse was one, but he practised little and spent little time down in the Four Courts.

The most we see down there are monuments to those——

What about Jack Lynch?

——who fell in the 1914-18 war. These were the kind of people always honoured down there. These were the kind of people fostered down there. These were the kind of people who, from the very word "go" looked for and got their price from the Executive. Indeed, one of the very last of them that comes to my mind is the good Serjeant Sullivan—and it had to take an Irishman to complete the slander of a great Irishman, Roger Casement—and he was a timeserver. His standing-up to the Executive was to rush up in 1916 in his car and report for service at the Castle. Read his own reminiscences and what he has to say himself about our people; about our martyrs and about the same Roger Casement. He certainly stood up to the Executive in the right way. He stood up to them for every penny he could get out of them. As far as this nation is concerned, they will never raise any monuments to him, anyhow, or never will consider him in the way they consider men of the standard of Roger Casement. So, when Deputy O'Higgins——

On a point of order.

——puts over his own version of Irish history——

Sit down. On a point of order.

(Interruptions.)

Deputies

Chair.

There is a good boy. The Minister is now sitting.

Is it in order for the Minister to attack and traduce in this manner people whose names are honoured in their profession and in Irish history? He is attacking the late Serjeant Sullivan many of whose kinspeople live in this country at the moment. I think it is grossly unfair and unwarranted by anything said in the debate. That is a point of order.

It is not a point of order.

I have Serjeant Sullivan's own written words here.

Deputies

Chair.

Will the Minister wait?

Read what he said himself in this book which I have in my hand. The truth is bitter and Deputy O'Higgins cannot take it.

Deputies

Chair.

It is not a point of order so far as the Chair is concerned.

Deputy O'Higgins brought this into issue.

Deputies

Hear, hear.

Now carry on.

On a point of decency.

Deputy O'Higgins treated this House to a sermon on the wonderful service that members of the Irish Bar, down through the ages, gave to our people and how they stood up to the Executive. I am pointing out the way they stood up to the Executive. I am pointing out how 99 per cent of them sold out the people to the Executive for filthy lucre—and that is their history. When Deputy O'Higgins tries to give his version of Irish history as fact in this House he certainly is entitled to be answered.

Now I want to come along to the question of a unified profession. I think I should put on record exactly what I said in Galway because Deputy O'Higgins seems again either not to have read my speech or to have misquoted it. I said:

In considering the jurisdiction of the courts, we must take account of the fact that membership of the Common Market may become a reality in the not too distant future.

(Cavan): From what is the Minister quoting?

A Deputy

His Galway speech.

I continued:

In Continental countries, the administration of justice is local and not central. Also, lawyers are not divided into solicitors and barristers, the legal profession being, for all practical purposes, a unified profession. The same is true in the United States. It is important to remember that one of the fundamental concepts in the Common Market is that lawyers of one member State may practise in the courts of any other member State. The idea of a unified profession should get far more thought in this country. I believe that unification should be our ultimate goal. We have inherited a legal system here that was designed to serve a very wealthy country and that, in my view, is in many respects suited neither to our means nor to our traditions. In England the division between barristers and solicitors is due to historial accident. Indeed at one time it appeared that there might be three or even four branches of the legal profession instead of two.

I make no apologies for saying that. What I said was factually accurate. I was addressing people who are interested in these questions. I wanted to get them talking about it. I suggested what in my view should be the ultimate goal. I was very glad to hear tonight from Deputy Enright on the Fine Gael Benches——

(Interruptions.)

——that he welcomed some of the suggestions I made in that particular speech. I was very interested to listen to the contribution of that young Deputy.

(Interruptions.)

I wonder if Deputies would allow the Minister to conclude?

As I was saying, I welcome Deputy Enright's objective contribution here tonight. He obviously read—unlike Deputy O'Higgins—my Galway speech. He disagreed with certain portions of it, for his own reasons which he gave. It is a good thing that men like him should discuss this matter. It would be a good thing if both branches of the legal profession would discuss this matter—a discussion on this matter is, I think overdue—to get rid of what, in my view, is an anachronistic system which does not suit us or suit our people The day will come, whether or not conservatives like it, when the ordinary citizen will refuse to pay an array of four lawyers where one would do. I think that is commonsense. It is absurd to say—it has been argued here by Deputy O'Higgins—that, having one special examination or one special degree, as suggested by me would be an imposition on legal students. He forgets that what I suggested in Galway—whether he read what I said at all I do not know—was that there would be one degree common to all kinds of lawyers. They could specialise however if they wished having got this degree and, if that were done, it would knock the ground completely from under this suggestion by Deputy O'Higgins, used as a special plea here for the sake of his own argument, that, in addition to whatever training they get now in Kings Inns, they would also have to do this degree.

I never suggested any such thing What I am suggesting is that it would be unnecessary to provide the training these students get in Kings Inns or the training the other students get in the Incorporated Law Society, if you had this common degree and common training for them. That is commonsense. Those with whom I have spoken, in the main—naturally there are disagreements on questions of this kind— received what I said very favourably, and discussions which have gone on since my Galway speech show that what I said was received very favourably by the vast majority of those concerned.

Deputy O'Higgins does not speak here for the Irish Bar. He speaks for Deputy O'Higgins and he frightens no one, particularly me, when he tells us he is a bencher of the Kings Inns. I have had letters from barristers and from some senior counsel who profoundly disagree with what they consider to be our outmoded system of training for lawyers and who have advocated—indeed, long before I did in some cases—legal reforms of this kind.

The English system of dividing work between solicitors and barristers has been likened to the civil law division of work between a notary and other lawyers. However, there is not much likeness at all. In dealing with the French notaries I must point out that a notary in France is an official publicly appointed who receives acts and contracts that people are required by law to have authenticated. In practice, he is really a conveyancer. In Germany, the notary who drafts and seals deeds, makes wills, and so on, is also publicly appointed. In many parts of Germany he is also a practising attorney. Perhaps, I should also say that in Germany, so far as my inquiries go, the cost for the employment at any stage of more than one attorney is never allowed and is never taxable, whereas all these people are taxable here.

If unification of the legal profession in some form is to be the ultimate goal, as I believe it should be, it must be examined in the context of a decentralisation of the administration of justice. Deputy O'Higgins said that I have not consulted the courts committee. As long ago as February, 1965, a detailed memorandum dealing, inter alia, with the organisation of the legal profession, the right of audience of solicitors in the various courts, and the number of counsel allowed for taxation on party and party costs, was submitted to the courts committee by my predecessor. The Deputy should check on his facts before making his allegations here.

He should also get it into his head that I will not accept that, before I speak on any subject that comes within the ambit of the Minister for Justice, I must first consult either the Bar Council or the Incorporated Law Society. The House may be interested to know that, as I have said, my speech in Galway was favourably received by those present, including representatives of the Incorporated Law Society. I have my job to discharge as Minister for Justice irrespective of the two trade unions concerned, that is, the Incorporated Law Society on the one hand, and the Bar Council on the other.

I am concerned with the position of the ordinary man and woman, and how the law affects them. I believe that this system needs reform. I believe that it must be reformed and, if the good Lord spares me, I propose to reform it. I propose to have legislation put before this House very early in the coming year towards that end and in which I will propose to increase substantially the jurisdiction of the lower courts and also provide rights of audience for solicitors in all courts.

On the matter of legal education, Deputy O'Higgins referred to my remarks in Galway as being rubbish but he did not mention the recommendation of the Commission on Higher Education, the Chairman of which is the Chief Justice. It said that if the law societies wish the universities to participate in the general training of lawyers they should be prepared to prescribe a university degree as an essential qualification. This whole matter has now been submitted to the Higher Education Authority and, as I have already stated in this House I am urging, through the Minister for Education, that the authority should deal with the matter as soon as possible.

These are the facts about my statements, which are now matters of public record, to those whom I addressed in Galway and I make no apologies to anybody for what I stated there. It is high time that these practices, some of them restrictive practices coming down to us from very long ago, were done away with in our society for the purpose of giving a better service to our people and for the purpose of cheapening the cost of litigation. I believe the reforms suggested by me will have these end results.

Let me point out that the practice in the neighbouring country, that is, in England, with which I am fairly familiar—at least as familiar as any other practitioner in this country down through the years—is very very different from ours as far as representation is concerned. I have had experience of cases of migratory workers who met with very serious injuries over there, cases that would be regarded as very heavy cases here running up to £8,000 or £10,000 in damages, as lawyers would say, and I have never seen, in Manchester or London, more than one junior counsel being instructed to deal with any of those cases. Here we would have an array of counsel, at least two seniors and a junior in all these cases.

I have seen a case which, if the plaintiff were successful, would undoubtedly be on its way to the House of Lords on a question of an unsafe system of work before Lord Justice Saxe in London. It went on for something like seven or eight days. Junior counsel were operating on both sides. This was a case, as I have said, which, if the plaintiff were successful, would mean thousands of pounds to the insurance companies concerned because if the plaintiff succeeded in his contention it would mean that there would have to be a handrail on every girder on every building which he might have to cross while it was going up. In that case which went on for that length of time there was one junior counsel on each side.

It is held out to us here that under our system there is nothing wrong in having two seniors and a junior in almost every High Court case. Having regard to the limited resources of the kind of people with whom we deal in this community, I want to point out what is happening in actual practice in the courts of our very wealthy neighbour across the Irish Sea. In cases where large amounts of money are involved, it is unheard of to have the array of counsel which is our practice to have here. I agree that it is part of our system but that is why I believe our system must and should be changed. It is all right, of course, for the poor man, the plaintiff in the case; if everything is going all right for him. He could not care less if there are two or 20 counsel but if something goes wrong for him and you have one counsel who has just looked in for the first day and has not been seen for the rest of the case, the instructing solicitor will be hearing something about the missing man whose fees are running up like the meter on a taxi. This is a situation which, in the interests of all concerned, should not be allowed to continue. If those concerned are sensible, this matter can be remedied.

If we aim at the ultimate goal, then, as I have pointed out already, people can specialise in one field or another and at least there will not be, as there are now in many instances, two, three or four lawyers where possibly one would do. Deputy Enright thinks that this system would not be suitable for us. It may take time to evolve but what I have suggested is that it is high time that those concerned with this system had a look at the matter. It is high time that they forgot the days of Charles Dickens and looked at modern society as we see it and the way the law is operating in other countries. Let us get down to giving the training and education for a profession that will give the best service to our people and be within reasonable reach as far as costs are concerned.

I know there can be a divergence of view on these matters. I also know that in Scotland, where you have local courts which in contract and in tort have unlimited jurisdiction, it would be unheard of to bring in, for instance, an array of counsel from Edinburgh or any counsel at all. An ordinary local lawyer, whether you call him an attorney or a solicitor, operates in the courts there, not necessarily the senior member of the firm either. The Scots had evolved their own system long before the British got hold of them, and it has worked very successfully to this day.

In Scotland they have the most exclusive Bar in the world.

Exclusiveness in the Bar is on the way out, and exclusiveness in many other closed shops should be on the way out also. I have no evidence nor do I believe that the solicitors' profession or the legal profession in Scotland is a closed shop. The business here has been far more of a closed shop on both sides, and the time has come when, if the professions do not do it, the Dáil should initiate reforms for which the people are crying out.

This has not been my view merely since I came into this office. I put on the records of the House away back in 1953 what I thought about this problem, and in those days I was speaking as a person who had certainly some experience of the working of our system here. I would say that I had as much experience as most people of my age in this field. I put those views on the record of this House away back in 1953, and I have seen nothing in my experience since to change those views. In so far as I can get the House to go along with me I propose to implement these views. That is not to say that all the objectives that I set out in my Galway speech can be achieved overnight. I laid down what I considered should be guidelines. I wanted discussion on this, and there is no suggestion that I want to wipe out anybody overnight, but I think that the people in the legal profession and particularly the people at the Irish Bar are asleep if they think that this system can continue as it is for ever, and in particular they are asleep if they cannot see that if as now seems probable we will be in the Common Market in a short time, other people will have the right to practise here. Exclusiveness will be gone, and many of those closed shop ideas in the legal profession will have to go as well— things like keeping the solicitors' profession closed by allowing a solicitor to take only one apprentice. That should be abolished altogether. There should be no such thing as the present method by which solicitors are turned out, what I call this unfortunate legal slaughter of turning out young solicitors without any training. They cannot get get an opportunity of becoming proficient at their profession under the present system. They have to do lectures under the Incorporated Law Society. They have to do separate examinations under the Incorporated Law Society. They have to do lectures at the National University, irrespective of whether they do a degree or not, and pass examinations of the National University as distinct from those of the Incorporated Law Society. During all this going around from Billy to Jack they are supposed to attend at their master's office, that of the solicitor who employs them, and get a practical knowledge of their profession. It is utterly impossible and, as everyone knows, they do not get the proper opportunities. The result is that when they get these various examinations and qualify they come out utterly unfitted from a practical point of view for legal work until they serve wholetime as practising solicitors in some office.

Under this system we are getting the worst of both worlds, in both branches of the legal profession, the worst in the solicitors' profession and the worst in the barristers' profession. It is time that these two branches aimed at the one goal. I think the situation will come here as in the United States of America where there is no differentiation between solicitors and barristers. You may have one group specialising in one particular line, and another group in another particular line. As to the suggestion by a young Deputy here tonight that this would lead to all kinds of amalgamations, let me point out that at this time there are many legal offices in this city that could only be described as law factories. They have been drawing men away from the country because for some time there has been a great dearth of qualified solicitors. Solicitors also have been going into other businesses. Many of them have switched from the practice of the law to other fields, to work as company executives and so on. With the increase in economic activity in this country over the last number of years there has been a vast increase in the work of legal firms particularly here in this city, and it is fast coming to the stage where you will have some old name like the long ago Smith, Smith, Smith, Jones and Smith and company on the outer door and inside the office door names that never appeared on that outer door. This is the way matters are developing. The fears expressed by Deputy Enright as far as the amalgamation of the big offices are concerned are now real, but in my view what has happened in Dublin is not in any way going to affect the ordinary capable man—provided he is a capable man—from building up his own practice in a particular part of the country. The more complex legislation becomes the greater will be the need for trained men in the legal field. As I have already said, there is a scarcity of competent men at the moment, even in State departments. I know from official dealings with the Land Registry that they cannot fill many of the vacancies for solicitors there or in the Chief State Solicitor's office. They are, in fact, trying to train men to specialise in one particular field in order to meet the needs of the time.

As I have said, the days of restrictions, closed shops and high fees for apprenticeship should be wiped out. I do not think there is any harm in learning by the experience of other countries and we could well emulate the Scottish system whereby the prospective lawyer studies for his degree and takes the prescribed examination. In other words, he does his theory first and then spends two or three years working as a solicitor in a solicitor's office, during which time he is paid an annual salary. This idea of chasing round from one place to another is a relic of Dickensian days. I think we should bring some order into the training of our legal students in each branch of the profession. This would ensure, at a great saving to the parents of those involved, that not alone would we turn out better trained people but that we would turn out people who would know what they are at. Young doctors have to serve a year as interns in a hospital after they have qualified and in the same way the young legal student could concentrate on theory until he gets his degree and then—and only then—he could acquire practical experience by working with a solicitor for two or three years. He would, of course, be paid enough on which to live during this time.

These are the desirable aims towards which we should proceed, and they are being considered by the Higher Education Authority. I know they would welcome the views of all bodies in this particular connection. One thing of which I am sure is that we cannot live in the 1847 position and expect it to serve our needs. I believe all thinking people—except the most ultra-conservative in this field who hate change and hate interference with their privileges—know that this is a field which is crying out for reform. My Galway speech sought to get those concerned with reforms to consider these matters. Again, I would like to emphasise that I did not say I was going to legislate without consulting in full with particular sections of the profession. What I did say was that unification should be the ultimate aim. I know some reasonable men in the legal profession have welcomed what I have said because I have had letters from them; and they recognise the need for change just as well as I do. I do not think the Higher Education Authority will be swayed one way or the other by my view. I have my own views and I am entitled to express them. I do believe the Higher Education Authority will be glad to hear my views and the views of those concerned. I hope men in both branches of the profession will work towards the aim of the common good. I believe there are many such men in both branches of the profession who will consider these matters impartially to try to aim at the goal I have set— the ultimate unification of the legal profession.

Deputy Fitzpatrick has alleged that the Garda has not the men, equipment or time to enforce the 60 mph general speed limit. I should like to place on record the fact that the 60 mph general speed limit was introduced on the 1st April last and in the six months from April to September 912 prosecutions for exceeding the limit were brought by the Garda; and in addition, cautions were administered in 527 cases where the limit was exceeded only by a small margin. These offenders must be travelling at least between five and eight miles more than the limit before they can properly be checked by the radar before there is the necessary proof to bring the offenders before the courts. I should like to point out that the Garda have not been ignoring the matter. This is a new law and the Garda were instructed to give people a warning— as in the case of every new law—in order that the public could get used to it. The Garda were asked to warn in many cases and try to get people to accept that 60 mph was the limit. It was only in the bad cases that prosecutions were taken. The Deputy was not quite correct in alleging that nothing has been done about this matter.

It is true that with the multiplicity of duties in these times it is difficult for the Garda to keep check on everything, but this particular part of their duties has not been neglected. The speed traps are changed from area to area from time to time and I believe this is a good thing. They become much more effective when they are changed from one road to another, and from one stretch to another, because the deterrent to all motorists—and, indeed, to all those who break the law —is, in my view, as I have said recently in the House, not so much the question of the penalty or the fine but the fear of being caught. If the motorists who are inclined to offend against this law have the feeling that there is a Garda car with radar checking on them, which could be parked any place on their journey, they are much more inclined to watch their speed and keep within the limit.

Deputy Fitzpatrick dealt also with prison conditions and the courts and what I suggested about them. I shall not cover the same ground again as far as the Deputy is concerned. There is one point with which I shall deal but I will get around to it when I come to deal with a matter raised by another speaker.

Deputy Pattison mentioned the increase in the number of armed and unarmed robberies. Other speakers dealt with this matter also. It is a matter of great concern and while the figures available show some increase in these crimes the commissioner assures me there is no reason to think that there has been any serious deterioration. Some increase is to be expected as part of the general world-wide upward trend in crime. Deputies can be assured that the problems presented by crimes of violence against person and property are being vigorously tackled. When bank robberies occur they get very wide publicity. When the culprits are caught they do not get the same publicity at all. It very often happens in these cases that the Garda have certain evidence, but it is insufficient to bring the wrongdoers to book, and they can only wait and hope that they will get their men ultimately.

One speaker here this evening criticised gardaí being stationed at crossroads, the allegation being that they are useless there. The Deputy misunderstands the reason behind this. We are living in the days of fast getaway cars, mainly stolen cars, and, in our situation, it is all too easy for miscreants to get across the Border. Because of that road blocks have to be set up. The gardaí send out an all-station call for all cars to be observed. In some instances they know the miscreants are confined within a circle and, in certain circumstances, the circle is proving very effective. It is vital on these occasions to have gardaí stationed at crossroads so that they can observe the passing cars and, perhaps, identify them. It does not necessarily follow that the garda is there on his own, as I think the Deputy thought, for the sole purpose of apprehending the getaway car; he is there as part of a planned chain to deal with escapees, with their loot, and to observe where they are heading. This is all part of an overall plan. The plan is checked against practical results after each raid. The system is being perfected but I cannot, of course, go into details for obvious reasons. In the main the Garda are satisfied that the system is fairly effective. The very fact of the Garda knowing that those concerned in a particular robbery are still around and about, and possibly gravitating towards their usual haunts in the city, is of considerable assistance to the Garda. These "isolated" gardaí are there for a particular purpose and a very useful one.

Deputy Pattison complained that I made only a passing reference to road safety, traffic accidents and congestion. He suggested these are matters for which the Minister for Justice should accept complete responsibility. It is the Minister for Local Government who has overall responsibility in these matters. The Garda Síochána have responsibility for enforcing traffic laws. They compile statistics of road accidents. A new system, as I explained, is being introduced in regard to the compilation of statistics, formerly done by the Garda Síochána through the Central Statistics Office; this is now being undertaken by An Foras Forbartha. The Garda are, of course, concerned about road safety. But this is primarily a matter for the Minister for Local Government. The Garda co-operate with those interested in road safety, in publicising it and giving lectures on it and in helping to create a good healthy public opinion which I believe will in the long run be the most effective deterrent to those who misuse our roads.

Deputy Desmond spoke about the need for supervisory protection for children during the probationary adoption period. He suggested there should be supervision by the local authority during this period. As the Deputy knows, practically the entire burden of adoption work is carried out by voluntary charitable organisations registered as adoption societies. These societies provide food, shelter and care for unwanted children and seek and find adoptive homes for them. An Bord Uchtála has statutory responsibility for supervising adoption societies and dealing generally with adoptions. The law allows the Adoption Board to avail themselves of the services of trained children's officers employed by local authorities, except in Dublin and areas adjacent in which they consider their own inspectors more suitable to do this work. The only difference the introduction of the local authority into the system would make is that the reports of the local authority inspectors would be submitted to, or through, the local authority rather than direct to the board. Such a change would not improve the system in the slightest degree. Indeed, it would have several serious disadvantages. I would recommend the Deputy to read the debate both here and in the Seanad when the Bill was being discussed in 1964. Both the Adoption Board and adoption societies are conscious of the need to ensure that the safeguards undertaken in connection with adoption are kept under constant review.

Reference was also made by the Deputy to the tragic case in Waterford some time ago. The placement in that case was made by a registered adoption society. The tragedy occurred before any question of making an adoption order arose.

But had there been inspection following the placement?

There was inspection. Let me say that, in this particular case, when it was investigated by the Adoption Board, the particular society were found in no way to blame for what had happened.

I am not laying blame. I am talking about the need for inspection.

There was an inspection. The facts were that the priest concerned knew the people involved for a very long time and was quite satisfied with them.

But the investigation did not take place until after the child was dead.

Progress reported; Committee to sit again.
The Dáil adjourned at 10.30 p.m. until 3 p.m. on Wednesday, 10th December, 1969.
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