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Dáil Éireann debate -
Thursday, 11 Dec 1969

Vol. 243 No. 7

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including a grant-in-aid; and of the Public Record Office, and of the Keeper of State Papers and for the purchase of Historical Documents,et cetera.
—(Minister for Justice).

A number of Deputies spoke about our prisons and prisoners and the work of the visiting committee of St. Patrick's Institution. Deputy Tunney who is a member of the visiting committee had some interesting points to contribute. He has had, with others who have given their services to this work, considerable experience of what happens in these institutions. He agreed with what was elicited by Deputy Bruton in a Dáil question that the average term spent by inmates is only four months and that we have to realise that training comparable to that given outside in a three to four year period, is just not feasible. This, of course, is quite apart from the low level of intelligence and education generally among many of the inmates of these institutions.

In his view—and I shall come to this in a moment because there has been some criticism—the food there is adequate and comparable to the food of many breadwinners though he makes the point that there should be a woman on the staff. The psychologist that we get from the Appointments Commission may well be a woman and, if a second welfare officer is appointed, this officer may also be a woman. Apart from that, I shall give due consideration to what was urged in this regard.

I should like to assure Deputies who spoke about prison conditions for both staff and prisoners that there is no complacency about the position so far as my staff are concerned. I attach considerable value to having a continuous review of every aspect of the prison system. That is why I appointed a working group of governors and departmental officials to meet regularly and see how the system we have can be improved. This does not suggest that we have not made very considerable improvements in these institutions in recent years, or that we have anything to be ashamed of in comparison with other countries. We are employing a very sophisticated system of phased release to employment, utilising the temporary release provisions of the Criminal Justice Act, 1960.

Would the Minister say what objection he has to allowing a small group of Deputies to have a look around Mountjoy?

I shall deal with that when I come to it. I was giving an example of the system of phased release. As I mentioned in my opening speech I am conscious of the need to develop an after-care service. At present I have a report before me on this aspect of prison reform as well as on the probation system and I hope to be able to announce considerable progress when next year's Estimate comes up for consideration.

Deputy Desmond suggested there was no good social reason why prisoners should not receive wages on the same basis as ordinary workers, with deductions for the maintenance of the prisoner himself and his dependants. Under the hostel system in operation in Mountjoy and the system in St. Patrick's Institution of temporary releases for employment we are already releasing persons to earn full ordinary wages, from which we make deductions for dependants, as suggested by the Deputy.

There are difficulties of a very practical kind in paying prisoners ordinary wages for working inside a prison. Many prisoners on committal would not be skilled enough, by commercial standards, to do the kind of work which can be provided and it would be difficult to provide training for the short time they are normally there. Deputies will appreciate that the amount of work and the type of work that can be provided in a prison is very limited. Those who were already highly skilled would be in receipt of higher wages and, accordingly, they would be better off than the majority of other prisoners and this could give rise to considerable friction.

I have mentioned just a few of the difficulties of such a scheme. I am, in principle, well disposed towards any scheme which would help to maintain a prisoner's self-respect and which would not interefere with the proper running of the prison, but this does not mean that you can have normal life in a prison. Prisons exist for deterrent purposes as well as to rehabilitate prisoners. In St. Patrick's and in Shanganagh there are chances of rehabilitating the young offenders but for the old lags who are coming back regularly to prison there is no great hope of doing much by way of rehabilitation. I will, however, consider any scheme which could reasonably be worked within our prison system.

Members of the St. Patrick's visiting committee have arranged with an electrical firm in Dublin for lampshades to be assembled by prisoners. They will be paid the ordinary rate for assembling each lamp. This venture is still in the experimental stages, but I shall be very interested to see how it turns out. I mentioned that to show Deputies interested in this field that we are trying new ideas in so far as it is possible to do so in these institutions.

I agree with Deputy Desmond that the existing prison buildings in Mountjoy, Portlaoise, and Limerick are out of date. This problem faces many countries. The cost of replacing prisons is such as to make it a very long-term prospect. In fact, the buildings in Mountjoy—whatever they look like from outside—have been favourably commented on by visitors from other countries. There is a good atmosphere inside, the buildings are bright and clean and, so far as prisons go, although the structures are very old, they are reasonably satisfactory. I agree that they are old buildings and that it would be very nice if we could afford to have them replaced by modern buildings, but we do try to maintain them as best we can. Another suggestion made by Deputy Desmond was that prisoners' insurance cards should be stamped for the duration of the prison sentence. This would require legislation, but apart from that I do not know if this is an idea which would be generally accepted. Certainly it has never been suggested to me before and many Deputies would consider it as going a bit too far in removing incidentals which would lessen the effect of the prison sentence.

Does the Minister not agree that some 200 prisoners leave prison every year without an address, let alone an insurance card, and that these are serious social problems?

I shall deal with these problems in a moment. I attach great importance to the desirability of prisoners being able to resume employment on release and I shall look into the suggestion but, as I have said, I can see many difficulties in implementing it. In other countries, and we are starting it here now, there are hostels to which prisoners can go immediately they are released; this enables them to look for employment. There is a move in this country by some very public spirited people to establish one of these institutions in the city. I would like to wish them well with their efforts. This kind of work has been done in other countries, including England, by voluntary effort and charitable organisations and they are fulfilling a very useful function for prisoners. I accept the criticism being made that it is inviting prisoners released with no money, and particularly those with no home ties, to sin again if they are helpless and left in that position. This new venture, to which I have referred, would be a start.

Would the Minister not agree that some means might be devised for continuing the insurance stamps of the insured worker during his prison sentence? He may come out and he may not qualify for another year and this is a crucial period in his life.

(Cavan): He could be given credit in the same way as he would if he were sick.

I shall have the suggestion examined bearing in mind always that people have to suffer some disability when they get a prison sentence. Reference has also been made to the improvements of pay and conditions of prison officers. A pay claim is being processed through the conciliation machinery of the Civil Service for these officers at present. Claims relating to other conditions of service, such as overtime and allowances, are also being dealt with. As will be evident from my replies to recent Dáil questions I have in mind the extension of training facilities for prison officers, particularly those who have to deal with young offenders. I am glad there appears to be general agreement about the policy being pursued in Shanganagh, the open institution for young offenders. Shanganagh provides a promising field for experimentation and I have no doubt that the venture will prove a worthwhile one.

Some suggestions were made in regard to Shanganagh. Some Deputies said they were surprised, and one Deputy said he was shocked, to learn that we were contemplating having only 50 people there. The very best advice I can get is to the effect that this open institution would lose its effectiveness if there were a larger number of people there. The fact that there are only this number means that they can be divided into groups and looked after in this special way and I am certain this is a far more effective way of trying to rehabilitate these young people. I have already pointed out that these are picked from those in St. Patrick's Institution, young people who are in for the first time possibly and who seem anxious to benefit from the training they get there.

These are the people whom, for their own protection, it is desirable to keep away from associating with some boys who have been in trouble before. It is ideal to have a rather small number in Shanganagh. If there were too many there it would not be possible to give them the same attention, treatment and training. Results will take some time because we are only learning by experience in this field and it will take some time to discover whether or not what we are doing in Shanganagh will give permanent results. So far, I am glad to say, it seems to be working very well. It is a vast improvement on anything we have had up to this.

With regard to the point made by Deputy Dr. O'Donovan about the transfer of the lady who was the probation administration officer to the post of senior welfare officer in the Adoption Board, the salary of the post has not yet been officially settled and, accordingly, the Civil Service Commissioners have not yet been asked to decide whether it is necessary to have recertification in relation to the transfer. The position is that the post of probation administration officer is now vacant and, as I explained, I do not propose to fill this vacancy, at least not until I have reached decisions on the various proposals in the comprehensive report to which I have referred with regard to probation and after-care services.

Deputy O.J. Flanagan raised the question of the recent disturbance in Mountjoy. As I indicated in reply to a question tabled by him, charges are being preferred against the prisoners concerned and consequently I cannot discuss the matter since it is sub judice. I was pleased to hear the Deputy's good account of Portlaoise Prison though this is something I already knew myself. His apprehensions with regard to Mountjoy will be dispelled when I tell him that the governor he met in Portlaoise, and to whom he paid tribute here, has been governor of Mountjoy since August last and the officer second-in-charge in Portlaoise, to whom he also paid tribute, is now deputy governor of Mountjoy. That is not to say that the quantity or quality of the food supplied varies with anybody in charge. The menu is there. From a dietary point of view it is adequate, irrespective of who administers it, so long as they ensure it is properly served.

Because of the publicity about the food in Mountjoy I should like to put on the records of the House the fact that the diet in Mountjoy is both wholesome and adequate. Breakfast consists of one pint of tea, eight ounces of bread, three-quarters of an ounce of margarine or one ounce of jam, and porridge and milk for anybody who wants it. That is the breakfast prescribed. Dinner consists of six to eight ounces of meat, 16 to 20 ounces of potatoes, four ounces of vegetables, half a pint of milk, two to four ounces of bread, and milk pudding. From the point of view of variety, in the case of meat there is mutton two days a week, beef two days a week, corned beef on one day and bacon on another. The evening meal consists of one pint of tea, eight ounces of bread, three-quarters of an ounce of margarine or jam; and supper consists of one pint of tea, four ounces of bread and three-quarters of an ounce of jam.

The food is sampled daily by the governor. It is inspected by members of the visiting committee who, in the course of their unscheduled visits, regularly look over the food. It is under the general purview of the resident medical officer. I should like to say— this is something that should be said as it surprised me when I became Minister for Justice and it will probably surprise others—that practically every prisoner in Mountjoy puts on weight. When a prisoner starts to lose weight instead of putting it on, unless he happens to be slimming for his own good reasons, he is immediately checked by the medical officer. Because of the criticisms and protests it is only right that these facts should be made public.

What serious objection has the Minister to the request from Deputy Dr. O'Donovan and myself that we should visit the prison with two members of the Labour Party? We are not going for the purpose of embarrassing the Minister; we want to see for ourselves.

The Deputy got my letter and I explained fully to the Deputy my reasons for not acceding to his request, especially at this particular time. I am quite sure that members of the Labour Party, if they want to visit Mountjoy, are well able to write to me and ask for my permission. As I said, there are charges pending, serious charges, against these prisoners at the moment and it would be undesirable in the circumstances to allow Deputy O.J. Flanagan to visit there. There is a visiting committee of public-spirited citizens who visit regularly. When the trial of these people is over I will consider letting Deputy Flanagan in to see conditions for himself.

I am quite satisfied with that.

Deputy Flanagan also raised the question of paying for the work performed by the prisoners. Deputies may not realise that one-fourth of a prisoner's sentence is remitted for industry and good conduct. The question of providing work for prisoners sufficiently productive to enable payment at ordinary rates to be made to them is not uncomplicated. It is understandable that in a situation of less than full employment there are reservations in some quarters with regard to industrial activity on any real scale in prisons outside of what might be regarded as therapeutic work. I have the rate of gratuity paid to prisoners under review at the moment.

Deputy Bruton covered a great deal of ground. He said he was not unappreciative of what has been done and is being done by my Department to bring about reform in this field. I welcome his approach. I expect the progress that has been made to continue, particularly on the probation and after-care side and in the efforts to rehabilitate those committed to our prisons. Anybody who has experience in this field will recognise the severe limitations that are imposed by the small number of prisoners, the short periods they spend there at any one time, the intelligence factor and lack of education of many of them. Apart from these limitations there is the effect of institutionalisation, living in a wholly artificial community, which militates always against the prospects of rehabilitation.

I could not deal with all the points made by the Deputy but I shall try to cover some of the main ones. Some of the points he made were quite interesting. I want to deal with the problem he mentioned of overcrowding. We have accommodation at present for slightly over 1,100 and we can take some comfort in the fact that, taking yesterday's figures, the total population in custody is 602. By and large, we are still in the happy position where our prisons are only half full notwithstanding the great number of them that have been closed through the years up and down the country. There was some overcrowding in St. Patrick's Institution last year but this problem seems to have resolved itself at least for the present. I checked yesterday and there were 187 detainees in St. Patrick's where officially there is accommodation for 229. I have already dealt with what Deputy Bruton said about Shanganagh and I have told him and the House that a figure of 50 or 60 is generally thought to be an ideal figure for an open institution. I gave reasons for this. The position is that the sort of individualised rehabilitation that we are trying in Shanganagh can best work with a number of the magnitude I mentioned.

I do not agree with the Deputy's views about visiting committees. Primarily, these committees are there to ensure that prisons are properly administered and prisoners properly treated. There is no necessity for such people to be competent in criminology or penology or any of the other sciences the Deputy mentioned. We want people of integrity with commonsense who will see that the prisoners are properly looked after and who will make suggestions as to what can be done with them or suggestions to improve the kind of work provided for them and who will ensure in particular that the food prescribed for them is served to them. We are fortunate in our visiting committees. I have every confidence in them. I have met them since I took office as Minister for Justice—I knew some of them before—and I know they are dedicated to the work they do. I know how public spirited they are, not alone in doing their duty as members of a visiting committee but in the personal interest that very many of them have taken in trying to provide employment for prisoners they know inside, and keeping up an interest in them when they leave the prison which, I suppose, we can broadly call after-care. Very useful work has been and is being done by these people. I do not know what would be achieved by having professionals of the type advocated on a committee of this kind. It is far better and more effective to get people who give their time, particularly business people who, perhaps, can provide employment themselves for some prisoners or can persuade their business friends to do so. This is the kind of person who is particularly needed if he is prepared to sacrifice his time in this great charitable work.

As regards compensatory education in St. Patrick's, that is, education which tries to compensate for the prisoner's lack of earlier education, the Deputy is pushing an open door as far as I am concerned. We have reached decisions as to how the process is to be organised with a psychologist to assess the individual needs of educationally-backward boys and to programme the particular instruction to be imparted and to co-ordinate the work generally. Instructors will be provided and, in addition, the services of student teachers from St. Patrick's Training College, Drumcondra, will be integrated in the new system. These students generously offered their services about a year ago. Pending the reorganisation of compensatory education in the Institution and their integration into it, they were asked to participate on an ad hoc basis. They have done this and it would be remiss of me not to acknowledge it and pay public tribute to them here for their interest and work.

I do not agree with what the Deputy suggests regarding the placement of prisoners in employment. There are two distinct factors here. One is the assessment of the person concerned as to the range of occupations for which he has an aptitude and the other is to find a vacancy for him in the employment sector indicated. The first task, I accept, gives scope for a psychologist and we shall have the psychologist in addition to the psychological services outside the prison which will be available as heretofore. The second task is for placement officers. At present most of this work is done by the welfare officers as part of their social work for prisoners. What is needed for the successful placement of an offender—or anybody else —is a knowledge of where the type of employment indicated is to be sought and also good relations with a wide range of employers and other placement services and, of course, an aptitude for the task.

The success of our existing welfare officers in the matter of placement discloses an expertise far in advance of the mere goodwill and enthusiasm which the Deputy mentioned. They have been quite successful.

The report on probation, prisons, welfare and after-care which I am considering at the moment deals also with staff training for the prison service. While the smallness of our services presents substantial difficulties we are trying to overcome them. There is no easy way out of this. These difficulties cannot be overcome nearly as easily as Deputy Bruton suggests. I should like to know what I should do about vacancies that arise in the prison service between the time they arise and Deputy Bruton's proposed entry date for recruits in the following April. We would have a big gap there and for the most obvious reasons, custodial reasons, posts must be manned and this results in staggered entry. In view of the small number of officers in the whole service, the withdrawal of a sizeable group at any one time to undergo special training could also create a very grave if not insurmountable difficulty. But we can have a look at the position.

As regards Deputy O'Connell's contribution about drug users in Mountjoy, I do not know what more can be done. I had instructions issued to Mountjoy and St Patrick's last October that drug users were to be put in contact either with the newly-opened clinic in Jervis Street or the unit in St. Brendan's even during the currency of their sentences if the resident medical officer considered that this would be beneficial. I am prepared to operate the temporary release provisions of the Criminal Justice Act, 1960, to facilitate this development in cases where the resident medical officer so suggests or advises.

Is the Minister aware that the RMO has asked for such a unit in Mountjoy for the treatment of those in custody?

The RMO in Mountjoy has been operating the system to which I have referred here. I suppose that, like any other doctor, he would welcome a complete hospital of his own there. Mountjoy is a prison and it is not a prison for curing drug addicts. It is a prison in the normal sense, as that term is understood. I am pointing out that where the RMO, in his wisdom, considers that a prisoner who is a drug addict should get treatment which he himself cannot give him with the facilities he has, he can send him out to where he can get such treatment. I think that is reasonably satisfactory. The small number involved in this does not make a great difference so far as the prison is concerned. Authority has been given so that the RMO may have them sent out if he feels that this should be done.

Deputy O'Connell also raised the case of an 18-year-old girl who was in the Central Mental Hospital. This unfortunate girl was committed on remand to Mountjoy on 31st May last by the Dublin District Court. On 4th June she was again remanded in custody until 6th June and a further remand, I am told, was made on 10th June. Evidence was given by the Mountjoy resident medical officer of the defendant's inability to plead. She was remanded in custody again to 17th June. In the meantime, on 11th June, she was certified to be of unsound mind by two doctors and as being likely to benefit from being placed in the Central Mental Hospital to which she was removed on 13th June. On 17th June this defendent, who was then in the Central Mental Hospital, was remanded in custody to 16th September. On that date, she was again remanded to 14th October. The case against her was then dismissed under the Probation of Offenders Act and, as far as my information goes, she was discharged in care of her parents This is the history of this case.

The Deputy wrote to me about this girl on 2nd July. He said he was writing on behalf of the girl's father who was upset about his daughter's being committed to the Central Mental Hospital as she was not a criminal. The Deputy said the father was anxious that I would initiate investigations into the reasons why she was not granted bail and that she be permitted to go free under the protective custody of her father. I want to put it on the records of the House that the Deputy got this reply from me through my private secretary:

Miss Murphy was remanded in Mountjoy Prison by the Dublin District Court on 31st May last on a charge of malicious damage to a shop window. While on remand, she was certified by two doctors to be of unsound mind and to be likely to derive benefit from being placed in the Central Mental Hospital. Accordingly, the Minister ordered, on 12th June that she be removed to that hospital.

On 17th June the District Court ordered that she be remanded to the sitting of that court on 16th September at 2 p.m. You will appreciate that the grant of bail to Miss Murphy would be exclusively a matter for the court and that the Minister had no power to order release, temporary or otherwise, in cases of this kind.

These are the facts about this case. I really do not know what the Deputy's complaint is because, in accordance with law, two doctors found this unfortunate girl to be a mental case and they expected that she would benefit from this treatment and she was sent where she would benefit from it. In that situation, neither do I know how any court would release this girl to the custody of her parents when she was in this condition. These are the facts of the case which were given to the Deputy.

How long was she remanded in custody before she was declared unfit or of unsound mind? Does the Minister think it fair that a person be held in custody without any conviction?

I gave the Deputy chapter and verse for every time and every date she was remanded. The Deputy does not seem to be aware that people are held in custody every day in the week without any conviction: otherwise we should never be able to bring a murderer to trial.

Was this person criminally insane—for breaking a shop window?

The Deputy is a doctor. Two of his colleagues certified that this girl should be sent where she was sent. I do not question their judgment. I accept that these doctors knew what they were talking about.

The girl is now free. Is that not amazing?

Doctors do not go around certifying people into an institution of this kind without reason —particularly two of them, which the law provides for.

Where is this person now?

I do not know. The Deputy would want to give me notice of that question and probably give me some months' notice of that question.

Has this person not been set free?

I told the Deputy already that she has been set free. This would suggest that the doctors were right to send her where she was sent and that the poor girl benefited from the treatment she got. This is the whole point: she certainly benefited from her attendance in this institution. The two doctors who sent her there were satisfied she would benefit and their patient evidently recovered.

The person in question had a convulsion lasting four days. Then they realised she should be set free. This was wrongful and unlawful detention.

If it was wrongful detention, the lady has her remedy and no doubt she will take it.

She has not the money.

The Minister must be allowed to reply to the debate without interruption.

On a point of order. I should like to see the medical record of a person suffering for four days from a convulsion.

The lady was duly treated in accordance with law. As far as I am concerned, I am glad to know of her recovery. I am sure that she was very well looked after by the medical staff who treated her. Obviously, she responded to the treatment that was given to her.

Deputy Bruton ranged across the Landlord and Tenants Acts from 1931 and suggested we should codify the law and do the same with the Deasy's Act. There is a big amount of Deasy's Act, 1860, already gone. At all events, the Conroy Commission on landlord and tenant law set up in 1966, was given the task of reviewing and consolidating the entire landlord and tenant law and have already reported on occupational tenancies and on certain questions arising on reversionary leases and on the purchase of ground rents. There are two interim reports, as the Deputy probably knows. The legislation to which I referred in my introductory speech is designed to incorporate the recommendations of the reports in a consolidating landlord and tenant Bill to replace the 1931 and subsequent landlord and tenant legislation.

The commission are now engaged on the final stage of their inquiry, that is, the amendment and consolidation of the general body of the law of landlord and tenant. This will involve not only a restatement of what is left of Deasy's Act but also the incorporation of the proposed new Act and, indeed, probably of the Rent Restrictions Act as well. What I said in my introductory speech, in case the Deputy is interested, was intended to cover all this.

How long is it likely to take approximately?

When we get a report from the commission it will have to be studied by my officials. It does not follow that we will accept it all. Generally we do in legal matters of this kind, but there are other matters which we often add to the legislation, particularly when we are dealing with a codification. I could not say offhand how long it will take because, in legislation of this kind, apart from the calls on my staff, there are also the calls on the Parliamentary draftsman. I would not be able to tell the Deputy the exact timetable, but I can say that the legislation is on the way and that it is being worked on.

So far as the newspapers which Deputy Dowling handed to me are concerned, I believe they must have come in, as he suggested, as packing material of some kind. All I have to say about the checking of productions of this kind is that it is a matter for the Revenue Commissioners or in other words for the customs officers. I know that they operate at ships but possibly they would not be on the lookout for stuff of this kind. From inquiries I have made I do not believe they are coming in here—the stuff which Deputy Dowling handed me—as papers in the normal way. I believe they must be coming in, in the form of bulk packing for some goods, and possibly people get hold of them for the purpose of selling them. At all events, I have conveyed what the Deputy had to say about them to the Revenue Commissioners and no doubt they will check on how they are arriving here.

The question of courthouses which was raised is the responsibility of the local authorities and not my responsibility. I and my predecessors have regularly asked the local authorities to carry out their statutory responsibility which is provided for under the Courthouses (Provision and Maintenance) Act, 1935. Deputy Andrews and some other Deputies complained about this. Speaking for myself, I think that if you had even one decent courthouse in each county it would be a very fine thing, particularly in view of the new plans I have referred to for the decentralisation of the courts.

Unfortunately, as every member who serves on a county council knows, councils are not prone to use any of their resources on the maintenance of courthouses or their improvement or their building. It is possible that we will have legislation here before very long on which the House can discuss this matter, assess the position as between the local authorities and the State, and we can see if a more satisfactory system can be worked out. I know from my own experience—and, indeed, I had deputations on this matter recently—that local authorities do not want to spend any money on courthouses. I suppose they generally take the view in one way or another that some outside Santa Claus should provide money for this purpose.

At all events courthouses are necessary and must be provided. Many of those buildings, as we all know, are very old and very difficult to maintain in a proper state of repair. Unfortunately, this is a field long neglected that will have to be dealt with by someone if not by the local authorities. At the moment, however, I wish the local authorities would concentrate on having proper accommodation at least in the county town or the capital town of each county. Generally, these are the places specified for the holding of the High Court and the circuit court. Under the new proposals I will be bringing to the House, they are the places where the High Court judges will sit to hear original actions, of which there will be more in the future. I hope the local authorities will take due note of that fact.

I come now to the personal letter written by me to a constituent. As this was the only contribution made by Deputy Sweetman to this debate— he came into this House for the sole purpose of producing this purloined letter—there are a few facts about it which I want to put on the record to keep it right. Mrs. Quinn was one of the ladies in this case. She had a very young and expanding family. At this particular time—I am talking about a considerable time ago because Deputy Sweetman has been hatching this letter for a long time—she was on the housing list of the local authority. She was second on that list for rehousing and she was in a very bad way at the particular point of time I am speaking of in regard to getting accommodation. She was expecting an addition to her family. She was with me and I was trying to help her —as would any working Deputy in any part of the House. Deputy Sweetman might not appreciate this, but Deputies work for their constituents.

They do not advise them to squat.

This good lady came to me. She had been with me a number of times trying to get housing accommodation and she came to me with what she thought was good news on this particular day. She told me that her cousin, Mrs. O'Malley, who was a tenant of the council in a good new house, a good modern house, was intending to leave the town to go to friends in England and that she was prepared, as the woman put it, to sell her the key. In other words, if she was in a legal position to do it, I take it that she would be prepared to transfer her tenancy for money.

I told Mrs. Quinn that I would see the officials about the matter that very day—on the Monday before I left for Dublin—and try to ascertain the position. She said Mrs. O'Malley was going to take her in there and then, that very week, and I told her to move in by all means. I said: "This is a God-send for you," which it was. I went and I saw the officials to discover—I want to put the facts before the House—that Mrs. O'Malley, who was the official tenant of the urban council, had not purchased her cottage, had not applied for the purchase of the tenancy under the law as it stands. She had not exercised her option to purchase and, at this particular point of time, I ascertained that she was late under the scheme to exercise that option. There was evidently a time limit under the law, and the officials told me that this time limit had expired and that Mrs. O'Malley could not at that point of time exercise her option to purchase because if she could she obviously would have done so and enabled her cousin to come in for whatever they would agree on as regards price. She would, of course, have to be approved, as these cases have to be, by the county officials or the county manager.

Could she have purchased it jointly?

No. There was a purchase scheme for tenants and they had to opt to purchase within a certain time, not purchase in the sense the Deputy understands it by paying a lump sum of money, but the amount would be put on to the rent which would go towards buying out the house in question. This woman, Mrs. O'Malley, had been in this house for quite a long time. She evidently did not bother exercising this option and the time had expired for her to exercise it.

Legally. When I had inquired as to what the legal position was from the official concerned, I came back, at about four o'clock in the afternoon, to see this woman who was so anxious to find out whether she would have to pay some money or what the position was. She was out doing her shopping. She had the door locked with her children inside it. I had to wend my way towards this city the following morning, and because this was an urgent matter I wrote to this lady confirming what I had already said to her verbally, to go into the house where Mrs. O'Malley was willing to take her, confirming the legal position as ascertained from the officials about purchasing the house, that the other woman, Mrs. O'Malley, her cousin, had no right to charge her key money, that she was late to exercise the option, and that she herself should move into the house quietly. For obvious reasons I told her what to do with the letter. Although Mrs. Quinn was second on the waiting list she would have to go through the usual red tape which officials have to apply in these cases.

Like any other applicant.

Remember we are talking about a woman who was second on the list, and so placed by the county medical officer of health.

She might not remain second.

The Deputy had better keep quiet until I finish this; then I shall deal with him if he has anything to say. This woman was second on the list and she went in there with Mrs. O'Malley. Mrs. O'Malley was in this house for several weeks after that. This woman did not break into any house. She was not advised by me to break any law. She did not break any law. This woman did at least have the comfort, that I suppose Deputy Sweetman would not understand, of washing her new baby in a nice modern house with plenty of room. The working Deputies in the Fine Gael Party sitting behind Deputy Sweetman will understand, because they would not be here otherwise, that Deputies try to help their constituents, particularly constituents in the need that this unfortunate woman was in. A gentleman came along to this woman's door demanding to know how she was there. She told him the situation and that she had had this letter from me, whereupon he grabbed it and ran away with it. That gentleman has hawked that letter from Galway city to Sligo town trying to get somebody low enough in this House to use it. He has been at that for 12 solid months.

On a point of order, the Minister has stated the letter was hawked around Galway city. I am the representative there and that letter was not given to me. Therefore, that is a lie.

Acting Chairman

That is not a point of order.

The man concerned knows that Deputy Coogan is illiterate. He was going to give it to a man who could read it and use it. That was the reason he tried it with some of the Deputy's colleagues in Mayo, Sligo, Galway and Roscommon. He had this letter sent on to Deputy Sweetman some six months ago. Everyone knew that this was done. What I was anxious for was that this letter should be published——

(Cavan): Why did you tell the woman to burn it?

—— because this gentleman was going around alleging there was something desperate in this letter that was going to finish me for all time, and pretending to the public that there was some extraordinary scandal being covered up by a Minister of State in relation to writing this letter to this unfortunate woman. This is the letter Deputy Sweetman has been hatching here for the past six months. When all fruit failed, the gentleman in Castlebar comes along here and gets the "haw" Deputy Sweetman to move in thinking he was going to create a scandal.

Would the Minister tell us that bit again about why he told her to destory the letter? We could not follow that part of the Minister's explanation.

"The widow" FitzGerald will not cross-examine me. I shall deal with this in my own way. Deputy "Sir Gerald Nabarro" Sweetman would not understand the vicissitudes of a woman like Mrs. Quinn. He is much more used to going into his manor down in Kildare and, when the châtelaine announces that there are agricultural types outside, taking off his riding clothes and coming down to meet them. He would understand the worm-cutters of Kildare lifting their caps and opening their gates for him. He would not understand the unfortunate position of this woman with a large family in a crowded room and the opportunity there was for a working Deputy to help her out of her misery. That is something Deputy Sweetman does not understand and that is why Deputy Harte has his butcher's knife out to remove him from the front bench of Fine Gael, and it might be a good thing, because, perhaps, it would enable the front bench opposite to be manned by working Deputies who know what is going on in the country and who know how people should be helped by working Deputies. The one profit Deputy Sweetman thought he would get out of this letter was that he would spring it upon me when, in fact, people who were concerned in this letter well know, as Deputies in the House well know, what obviously Deputy Sweetman does not know, that they should and must do their best to help and be concerned for——

(Cavan): And deprive other people of houses to which they are entitled.

——the citizens of the lower income group who are in difficulties of this kind. I believe there are Deputies on the back benches of that side of the House who try to do this kind of work every day, just as there are Deputies on the back benches of this side of the House and on the back benches of the Labour Party who are concerned with these problems. This type of work done by Deputies is obviously unknown to Deputy Sweetman, and that is why the Donegalmen are out for his blood, and that is why they want to slit his political throat; because they have his political grave already dug, and more power to them. We may then get Deputies who will understand these matters——

Mr. Belton

Why did the Minister ask her to destroy the letter?

——able Deputies who have concern for their constituents. As I have said already, I stand over every word of that letter that was produced here, having been purloined from this woman. My efforts in trying to help this unfortunate woman and others like her in my home town towards better conditions will be long remembered. Thank God I have lived to see the day, through my efforts and despite those of Deputy Sweetman, when my town is expanding and progressing. Let Deputy Sweetman put that in his pipe and smoke it.

I will accept the fact that the Minister is humane about this. Is the Minister not setting a dangerous precedent?

Acting Chairman

That is not a point of order. Would Deputy Dr. O'Connell please sit down?

(Cavan): On a point of order, the Minister has several times referred to a letter since he started dealing with this subject. He should read the letter so that everybody in the House will know what letter he is talking about.

That is a point of disorder. The letter is already on the records of the House.

On a point of information, is the Minister advocating that hardworking country Deputies should advocate to their constituents who are in dire need of housing that they should occupy houses which are to be allocated?

Acting Chairman

The Deputy is not entitled to make a speech.

The Deputy wants to twist what I have said. That is his purpose.

Acting Chairman

If the Deputy wants to ask a question I will allow him to do so when the Minister is finished. The House should allow the Minister to proceed.

(Cavan): Why did the Minister tell the lady to burn the letter?

The Deputy has talked his silly head off for the last week. Before he is demoted like his friends, the Deputy should watch himself. I do not know which of his particular pals he is playing with now but the Deputy should be careful because the long knives are out over there and there is a long hard road ahead and notwithstanding my efforts as Minister for Justice the knives might get the Deputy.

What happened whoever was number one on the housing list?

He also has been housed by the efforts of Micheál Ó Moráin. Success! He is also fixed up with a nice comfortable house.

Is the Minister suggesting he got him to squat also?

Consider the drones you have up there! If you had a man like me he would help you to help your constituents. A man like me is badly needed on the front benches over there.

(Cavan): The Minister is the “greatest”. Cassius Clay is only trotting after him.

Would the Minister not agree that the attitude he has adopted is a disgrace to the office he holds?

Having come from two days of "in-fighting", the boys are trying to draw attention of the public away from their wounds. Let them lick their wounds.

(Cavan): Where are the Taoiseach and the Minister for Agriculture and Fisheries?

Acting Chairman

Deputies might allow the Minister to proceed.

Deputy L'Estrange made a number of allegations——

(Cavan): Might I ask the Minister why he advised the lady to burn the letter?

Acting Chairman

Deputy Fitzpatrick might not ask the Minister that question.

The Deputy wants to be thrown out but I will have to get the Garda to protect him from his colleagues if he is thrown out. I would ask the chairman not to eject him until I finish my speech.

(Cavan): Protect the Taoiseach from the Minister for Agriculture and Fisheries.

Allegations were made by Deputy L'Estrange about the theft of meat from the mental hospital in Limerick. I have made inquiries and the following are the facts. The three accused men were charged with the theft of £800 worth of meat. They pleaded guilty and were sentenced to 12 months' imprisonment each. It is possible that further quantities of meat were stolen and this has been freely suggested. But there is no evidence whatever to substantiate that suggestion. The sources of such evidence, if it existed, would be the hospital authorities. They were not in a position to supply any such evidence. On the contrary, they had been totally unaware of what had been happening until they were informed by the Garda who commenced the investigation on their own initiative. Deputy L'Estrange tried to convey the idea that the trial judge in this case complained about suppression of evidence. He did nothing of the kind. Unlike Deputy L'Estrange, he recognised that in a case of this nature what can be proved is not necessarily all that happened. The Deputy forgot to mention that, far from suggesting the accused were not being adequately punished, the judge gave one of them the option of commencing his sentence there and then or after a lapse of one year. This was to enable him to make arrangements for the conduct of his business before going to jail. The man did not avail himself of this particular option which the judge gave.

It is well known to everybody who has the slightest knowledge of criminal procedure that where money or goods have been stolen over a period and the loss has not been noticed by the injured party it is practically impossible to prove the charge in relation to the full amount unless the accused person sees fit to admit it. Accordingly, the prosecution had to confine the charge to the amount that could be proved to have been stolen unless the defendants were prepared to admit to more than that. The Deputy might ask how could a charge of stealing meat six months previously be sustained when the people who were supposed to have had the meat stolen from them could not even say whether any meat had been stolen at that time. it is utter nonsense to suggest that the police in Limerick suppressed evidence. They could not have done so even if they wanted to because the hospital authorities would have known the facts and would have objected. These are the facts in connection with these people who were convicted for stealing this meat. They were convicted in respect of all that could be proved against them. If more meat than that was stolen, the hospital authorities were unable to give evidence of it. These men got sentences of 12 months imprisonment. Let me say for the record that about a fortnight ago I got a petition in respect of one of these men to release him for a period before Christmas, a petition which I, in my wisdom, refused. These are the facts in connection with this case.

Let me also say for the record that I understand Deputy L'Estrange here alleged that the State Solicitor in Cork was involved in an accident and that something was fixed up for him. I am glad to say that the State Solicitor in Cork was not involved in any accident and that it was incorrect to make such allegations. Deputy L'Estrange has made several other allegations and I want to put it to this House—particularly to Fine Gael, because Deputy L'Estrange was back again with allegations of corruption against judges on another Estimate—he returns weekly to this point like a dog to his vomit— that the judges of this country are there to uphold our Constitution, that they are independent people and that it is for them to decide each case as it comes before them on the evidence that is put before them.

Do Deputies want the Dáil to assemble here and reverse decisions of the courts without hearing any of the evidence? Is it to be the practice that we are to criticise a judge for what he has done with the benefit of all the evidence and of all the people in the witness box? If we want to preserve the judicial system, as we have it in our community, as an impartial body, if we are to preserve these men as upholders of the Constitution, let us do one of two things. Let us put an end to these irresponsible charges being made by Deputy L'Estrange, week in, week out, for his own miserable political purposes. Let Fine Gael either disown him or follow the procedure that is laid down to deal with judges, that is to put down a motion in this House to impeach any particular judge they are dissatisfied with. That is what is provided under our law, under our Constitution, and let us have no more of this responsible Deputy "Gerald Nabarro" Sweetman sitting nonchalantly in the front bench while his irresponsible Deputy L'Estrange comes in here alleging that judges are being bribed or are subject to corruption. Let us put an end to this farce. This is a serious question. This is a question of democracy. It is a serious question for Deputies and it is a serious question for our people.

How can we preserve independence when you continue to practise as a solicitor while Minister for Justice?

I will deal with Deputy Desmond in my own time. Whether I practise or do not practise has nothing whatsoever to do with the question of the judges we are speaking about. Judges in this country are independent people; many of them differ in their political views. They were appointed by different Governments, and we have a situation, from the Supreme Court down to the district court, that if there is a complaint about a judge there is a procedure whereby it can be brought into the Dáil and it takes, under our law, speaking from memory, two-thirds of Dáil Éireann to impeach any particular judge and to remove him from office.

It is the duty of those who allege there is a corrupt judge operating to say so in the way that can be answered here. It is their duty to make the case in the way it can be answered here, but this niggling performance week in, week out, by Deputy L'Estrange, making wild allegations that cannot be substantiated about judges and court cases——

(Cavan): He complained about the way the evidence was presented.

(Interruptions.)

Acting Chairman

Will Deputy Fitzpatrick and the Minister for Local Government please allow the Minister for Justice to conclude his speech.

It is up to Fine Gael to put these complaints through the proper procedure or to end their allegations about bribery and corruption and leave the leprechaun L'Estrange outside to his own irresponsibility. We have reached a stage in this House when the House must take due notice of this because it is too important to be overlooked. I have dealt with all the main points that were mentioned by different Deputies in as broad a way as I could in the time at my disposal. Deputy O'Brien had some comments to make——

Where is he—over collecting the money in America?

Acting Chairman

Surely the Minister's own Party should allow him to speak.

There is an expression in America to the effect that you have got to go to the source. Perhaps in this case I should ignore the source, and, if I did, I am sure some of the Deputies sitting behind Deputy O'Brien, his colleagues, might not take it amiss. At all events, there are a couple of things I wish to say about him. I have been misquoted and I must deal with it. When I say "misquoted" I want to make it clear that what I mean is that Deputy O'Brien, undoubtedly taking advantage of his Ghanaian training, picked out part of one sentence out of five pages of my speech for the purpose of twisting it towards his own ends. He picked out this:

.... the conflicting claims of those who want to use the streets and of those who want to go about their lawful business.

He picked out that sentence or part sentence which I uttered when I was dealing with riots. Deputy O'Brien was quite careful not to quote me fully, although I demanded it. He said he did not have to recite every word. It is to be expected of Deputy O'Brien, from his training in this field and his practice in that temple of liberty, Ghana, that he would just pick out part of a sentence and hang it round somebody's neck and allege it represented the whole sense of his speech.

On that occasion I was dealing at length in the House with this matter of protest. I was pointing out the conflicting interests that undoubtedly there are between protesters and those who want to use the streets at the same time for other purposes. Of course there is a conflict of interests. I am on record in the House as saying that I, as Minister for Justice, would protect Deputy O'Brien in so far as I could when he is protesting, and he has long practice in protesting. While I would protect Deputy O'Brien, little as he deserves it, on occasions, other people have a right to use the streets, too. Although we give protection, no matter how unrepresentative the protesters, we also try to ensure that the ordinary man and woman can go about their lawful occasions. That has been my policy and it will be my policy while I am Minister for Justice. I will not willingly allow a crowd to sit across the street and stop the ordinary working man going to his work or the ordinary woman going to or coming from her home.

I have said all this time and again but he picked this out to suggest that I would seek to deprive him in some way of his right to protest. Deputy O'Brien is very lucky to be in this country. He did not do much protesting while he was Nkrumah's pet lapdog for so long. Protesting would not get him very far there because, when he was there, Nkrumah himself either cut up and murdered his opponents or else castrated them. That was the position when Deputy O'Brien was Nkrumah's guide, philosopher and friend.

When he goes to America he can afford to protest because he knows he is in a democracy and, even though he clashes with the police, he gets away with it. Is he not the great man for the travelling—to Katanga and back, to Ghana and back, and to Mexico and back all in one week, but in all his travels the only places he has done his protesting were in the Republic of Ireland or some other democracy where he could feel quite safe.

Hear, hear.

He knew when he was protesting in these democracies that he would not be locked up with the Balubas but that he would get the publicity which he so dearly desires and evidently thrives on.

I cannot allow him to misquote me in what I have been saying on this particular issue. I do not know how far his philosophy is adopted by those who sit beside him because it would appear that he has a philosophy of his own for every occasion.

We have more respect for him than we have for the Minister.

You have at the moment but it will not be for long.

The Labour poltroons should keep quiet.

Is it in order for the Minister to refer to members of the House as poltroons?

It is a political charge and as such it is allowed.

As distinct from the word "rabble"?

We are talking about the word "poltroons".

And it is a quotation from the doctor. I will quote from an effusion of his—this same Deputy Dr. O'Brien—which appears in 1916—The Easter Rising:

The Labour Party in this three-quarters of a nation has been dominated for years by dismal poltroons, on the lines of O'Casey's Uncle Payther.

That was in the year 1966 and not ten years ago. This is Deputy O'Brien's concept or opinion of his own colleagues. Is Deputy Michael Pat Murphy a poltroon? Is Deputy Corish a poltroon? Is Deputy Dan Spring a poltroon? Mark the way the word "poltroon" is defined in two dictionaries. In one dictionary—the Concise Oxford Dictionary—it is defined as "a spiritless coward" while in the Oxford English Dictionary it is given as "a mean-spirited worthless wretch; a craven." This is how Deputy O'Brien terms his colleagues. This is his opinion of the Labour leaders in this country for many years past. This is the new socialist. This is the new Nkrumah.

What about the Maggot?

I want to say to the three Irish Labour Parties as well as to the five Fine Gael Parties that the quicker they have a look at the poltroons around them and the quicker they weed them out the better or they will be in the same trouble as Fine Gael have been in for the past fortnight. Fine Gael are stuck with the question whether Deputy FitzGerald or Deputy O'Higgins is to be the new leader. They are stuck with this infiltration that is coming in the dead of the night with all the warring factions to cut poor Deputy Cosgrave's throat.

They must take those steps in time so that the same fate will not befall the Labour Party as we have witnessed with the Fine Gael Party in this House. As far as I am concerned I will try to ensure protection for them even if I have to use the legal process of binding them to the peace, but I ask them to save me that trouble by behaving themselves.

The three of them can sit together on the Fine Gael front bench over there for the first time in a month now that they have reached the stage of unity and harmony but let us say a silent prayer to the gods of the Ó Moráins: From the fury of the long knives of Fine Gael, may the Lord protect Deputy Liam Cosgrave!

(Interruptions.)

(Cavan): I understand that it is not out of order for me to ask the Minister to be kind enough to deal with one matter I raised during my speech and that was the question of whether the Minister had forbidden officials in his Department to answer queries from Deputies and Senators. The Minister has not dealt with that question.

I was not aware that officials of my Department do not deal with Deputies or Senators. I thought they got calls from them every day in the week but, if the Deputy will give me particulars of any official who should have dealt with him but did not do so, I will have the matter investigated.

I am a witness to what Deputy Fitzpatrick is saying. I was beside him when he made the phone call and was refused.

We would rather take Deputy Richie Ryan's word for it.

May I ask the Minister if he would consider replying to the charge that he, while holding office as Minister for Justice, continues to practice as a solicitor in the law courts of this country?

The Deputy can get as much mileage or political profit out of that as Fine Gael tried to get.

The Minister is not fit to hold office.

The Deputy's remarks will cause me no loss of sleep.

O'Casey's Uncle Paythers.

May I ask the Minister if he has advised the hardworking Deputies from the country that they should advise their constituents who are in dire need of housing to move into vacant houses in their area——

The Deputy should put down a question and raise it on the Adjournment.

We cannot have another debate. The Deputy may not pursue that argumentative question. If he has a question to put to the Minister I shall allow it.

It is not Question Time.

(Interruptions.)

The Minister is running away.

I did not know that the Fats Domino of Fine Gael shouted at me. I understood that I had finished.

During a very short statement on this Estimate I raised a serious matter and that was how it will be possible for the two trade unions who tried to amalgamate and who have got caught in the administrative side of the courts can bring their case to the Supreme Court. I admit that the Minister was bedevilled and badgered by various other things but I did raise this point while he was here. Cannot the Minister's office make arrangements through the administrative side of the court to have this case heard in the Supreme Court?

I want to assure the Deputy I certainly did not hear the point when he was speaking. I will undertake to him to make inquiries about the case and I will let him know.

May I ask the Minister one question? Will he inquire into the case of the young boy? I do not want to be contentious.

I think the Deputy will agree I gave this young boy my time and the time of the House—I gave him and his father and brother a great deal of time on more than one occasion. When the Deputy spoke in this debate—I am speaking from recollection—he ended up on the note that he was going to take the word of the boy's father no matter what I said. I do not want to pass any further comments on the boy's father but I suggest to the Deputy he should treat what this man has told him with the greatest suspicion in view of the facts he knows and that I put on the records of this House. I have rechecked the evidence I have given in reply to questions and I can again reassure the Deputy there was no question of those twins being mistaken or their records being mistaken. I want again to reassure the Deputy the address given by this boy was not his own address, that he told the Garda his parents were down the country. I want again to reassure the Deputy that he must also have told lies to the principal of the reformatory where he was as to his address. These matters have been checked by me and I am fully satisfied that the father is not telling the Deputy the truth.

Further, may I ask the Minister——

The Deputy has asked his question and he has received a reply.

(Cavan): May I ask the Minister a question?

We cannot have a further debate now.

(Cavan): It is only a short question. I understood the Minister to say he would deal with the case of the withdrawal of charges in Cork. Has he decided not to and to leave that for the Taoiseach's Estimate?

I would be out of order if I dealt with it. The Taoiseach will deal with it.

(Cavan): No better man.

On a point of order, Deputy Cott was assured by your predecessor in the Chair that he would be permitted to ask the question he attempted to ask and that he was not allowed complete.

(Cavan): The Minister has gone now.

He has run away.

In reply to the Deputy the point put by Deputy Cott was answered by the Minister and I am not allowing it again.

It was not answered.

It was answered by the Minister.

All we got was a diatribe.

Question put, and a division being demanded, it was postponed in accordance with the Order of the Dáil of 4th November, 1969, until 10.15 p.m. this evening.

On a point of order the Minister did not answer my question.

Will Deputy Cott please resume his seat? We have concluded the debate on this Estimate.

I apologise to the Chair but I submit the Minister did in fact advocate that country Deputies should advise their constituents to move into houses which were empty.

We cannot have a debate on the matter now.

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