Vol. 254 No. 5
asked the Minister for Finance the grounds on which customs officials failed to confiscate various forms of contraceptive devices disclosed as being imported by the women's liberation movement on Saturday, 22nd May, 1971, on their return from Belfast to Dublin.
25.
asked the Minister for Finance what instructions, if any, were given to customs officials concerning the enforcement of section 17 of the Criminal Law Amendment Act, 1935, on Saturday, 22nd May, 1971, during the declared importation of various contraceptive devices by members of the women's liberation movement on their return from Belfast to Dublin.
I propose, with your permission, a Cheann Comhairle, to take Questions Nos. 24 and 25 together.
The standing instructions to the Customs service cover the action to be taken in relation to the enforcement of section 17 of the Criminal Law (Amendment) Act, 1935, and no special instructions were issued in respect of the expected importation of contraceptives on the 22 May, 1971. In accordance with the standing instructions, as far as was practicable, all contraceptive devices disclosed as having been imported by passengers arriving from Belfast on that occasion were detained.
May I ask the Minister what he means by the phrase: "as far as was practicable"? Did the customs officials find that they could not confiscate some of these and if they could not confiscate them why did they not take the necessary percautions to see that they could confiscate them?
They did confiscate all those that were declared to them and they confiscated, as far as they know, all those which were thrown over their heads to the waiting crowd. In fact, it is possible that some were brought in which were not confiscated but the vast bulk of them, and any known, were confiscated. That is what I mean by the phrase "as far as was practicable".
If some other prohibited substance, which it was a criminal offence to import, were brought in by a group of people in this way, simply because the customs officials could not cope with the number of these prohibited articles being brought in, would they be allowed in? Was a special exception made in this case?
That is a hypothetical question which I could not answer in advance. No special instructions were given and no special approach was made in this case.
May we take it then that it is prohibited under the section of the 1935 Act and that it is a criminal offence to declare and import contraceptive devices? Is it an offence?
That is a different question.
That is a separate question.
Are we not to take it that, if individuals declare that they are importing articles prohibited under this Act they may do so if the customs officials are too busy to confiscate them?
No. The Deputy certainly may not take that as being the position. As I have indicated, as far as is known all the contraceptive devices imported on this occasion were seized.
They will have to do it again.
Question No. 26 postponed.
