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Dáil Éireann debate -
Wednesday, 21 Jul 1971

Vol. 255 No. 12

Prohibition of Forcible Entry and Occupation Bill, 1970: Report Stage (Resumed).

Debate resumed on the following amendment:
7. In page 3, line 34, after "who" to insert "verbally (otherwise than on radio or television)".
—(Deputy Cooney.)

I should like to join with other speakers in appealing to the Minister at this late stage to withdraw section 4. Throughout the country national and provincial papers are unanimous in their view that this is an obnoxious section. People who never took part in political controversy are involved in this matter. They did not get involved lightly; it followed mature consideration on their part before they took the decision to get involved.

This is true of our national Press. The stature of the Minister will grow if he will listen to reason on this matter. The various national organisations, such as the Irish Creamery Milk Suppliers, the National Farmers' Association and tenants' associations at one time or another have advocated passive resistance—in other words, the breaking of the law. We must ask the question whether this legislation is being introduced to hamstring these organisations.

We have all seen these organisations in action. This year the Irish Creamery Milk Suppliers advocated and encouraged their members not to pay road tax and the campaign continued until April. I am glad that the Minister did not take any legal action against these people. I know that summonses were issued but were withdrawn. The same can be said about the national farmers' organisations some years ago when they mounted pressure campaigns throughout the country. They held fantastic rallies——

This amendment deals with the communications media.

I am discussing the word "advocating" at the moment.

I would remind the Deputy that the amendment deals with the communications media—the Press or radio.

The campaigns I have mentioned made front page news on every daily paper and it was only right that the papers should draw attention to the fact that such things were happening. It was right that they should tell the people in the cities how dissatisfied the farmers and the rural organisations were.

The tenants' associations have advocated successfully in regard to the nonpayment of differential rents and this has been highlighted in the Press and on the radio. Will this kind of passive resistance become illegal? Will there be mass convictions in our courts if this Bill becomes law? People of all political opinions, including members of the Minister's party, are worried about this. The Minister should have seen the light at this stage. It is seldom that an issue like this has caused so much concern throughout the 26 Counties. We must ask ourselves what will the people in the Six Counties say if this Bill is passed? Where will they be with their passive resistance?

I conclude by repeating to the Minister that his stature will grow if he listens to the voice of reason. I repeat my plea to the Minister to withdraw the section. I am quite sure that the men who drafted this section in the first place are faceless men who are not answerable to anyone. The Minister is, and I hope he will remember that.

Unlike Deputy Begley, I will not appeal to the Minister who is not here anyway. He was here while the Bill was going his way but, the moment it started to go the other way, he disappeared. In spite of his dictatorial desires, he apparently likes to dish it out but when it comes to taking it he skedaddles. He was not here at all yesterday and he was not here on Friday last except to make his own speech. There is no doubt that this group of amendments—amendments Nos. 7, 8 and 9 really go together—are fair and reasonable.

The section as it stands is extremely objectionable. I do not mind admitting that when I first read the Bill I did not see the implications of this section. To be quite frank, I do not think that Fianna Fáil Deputies—and especially Deputy O'Kennedy, the Parliamentary Secretary—appreciated the implications of the Labour Party amendment until last Thursday night. The amendment was put down to indicate what we thought of the Bill. It was extremely effective, judging by how excited Deputy O'Kennedy became about it. You cannot ride off in one direction on Thursday night and ride off in exactly the opposite direction on Friday morning. This is what he did. On Thursday night he treated us to a lecture about how many new crimes we were creating in our amendment for unfortunate people who might commit them, and on Friday morning he was all in favour of creating new crimes. This is the kind of logical disability that people who are too keen fall into.

In the Irish Times this morning the whole situation is put very nicely in our native tongue and, accordingly, I propose to read it out for the benefit of the House. It is headed “An Bille Úd”, very appropriately. It says:

Ta Iriseoiri na tíre ar dearg buille agus táid ag iarraidh agallamh a chur ar siúl go luath leis an Aire Dlí agus Cirt, Deasún O Máille. Sé an Bille Chun Iontráil agus Aitiú le Forneart a Thoirmeasc, 1970 atá ag déanamh buartha dos na hiriseoirí. Ag cruinniú den NUJ (Comhairle Aitiúil na hÉireann) glacadh d'aon ghuth le rún ag moladh gur ceart gluaiseacht náisiúnta a bhunú chun an Bille a throid. Dúirt oifeaghch ón NUJ linn: "Sé ár dtuairim go gcuireann an bille, cuid a ceathair go háirith—

—sé sin an chuid den Bille atá faoi dhióspoireacht anseo i láthair na h-uaire—

—isteach go mór ar obair iriseoirí na hÉireann. Saoirse an fhocail scríofa atá i gceist agus nílimid chun glacadh leis an méid a dúirt Deasún O Máille sa Dáil".

Deireann an tAire nach gcuirfear an chuid seo den bhille i bhfeidhm ach níl na hiriseoirí sásta glacadh le seo. Taíd taréis litir a chur chuig gach Teachta Dála agus táid sasta go dtuigeann na teachtaí cad tá i gceist. Bhí an scéal i gceart ag Conor Cruise-O'Brien dar le na hiriseoiri nuair a dúirt sé an méid seo: "Tá an tír seo ag sleamhnú go mall ó na tradisiúin agus na nósanna daonlathacha. Céim eile ar an mbóthar céanna an bille seo, céim an-chinnte".

Dhein teachtai Fhine Gael agus dream an Lucht Oibre tréaniarracht cuid a ceathair a ghearradh as an mBille. Mhol leithéidi Garret FitzGerald, Tom Fitzpatrick. Justin Keating gur ceart don Rialtas glacadh le comhairle na nuachtán ar an gceist seo. Bhí caighdeán na díospóireachta seo an-mhaith. Dúirt Garret FitzGerald go raibh RTE cuirim i gcás, i bhfad níos cúramaí anois taréis an triail cúirte a bhi ag "Seven Days". Dar leis bhí contúirt mhór i gcuid a ceathair do saoirse na nuachtán.

Má ghríosaíonn nó má spreagann duine, duine nó dream eile le cur fútha go neamh dleathach beidh sé féin ciontach as coir a dhéanamh. Má dhéanann grúpa, nó duine ag labhairt ar son grúpa, atá ag cur fútha go neamh dleathach, ráiteas, beidh chuile dhuine acu i dtríoblóid. Chomh maith le seo beidh nuachtán ar bith a chuireanns an ráiteeas seo i gcló i dtrioblóid chomh maith.

Mar a duirt Justin Keating sa Dáil bheadh leithéidí James Connolly nó Liam Mellows, a scríobh paimfléidí i rith a saol ar chúrsaí mar seo, in an-tríoblóid. Nach maith nach ndearna na Sasanaigh beart mar atá ceapaithe ag an Máilleach.

Faid a bhí na Sasanaigh anseo níor dheineadar a leithéid sin riamh.

Ar aghaidh leat.

It goes on:

Tá sé cinnte nach nglacfaí leis i dtír ar bith eile san Eoraip ach amháin sa Spáinn nó sa Phortingéil b'fhéidir. Bíonn an-chuid cainte anois again ón Rialtas faoin gComhmhargadh agus eile agus na saoirsí bunúsacha atá le fáil ann. Nach bhfuil sé thar am acu éisteach leis na guthanna atá ag caint ar son saoirse sa tír seo. Tá éagoir déanta ag Deasún Ó Máille ar an bpreas agus ba cheart do gach éinne a chreideann go bhfuil an saoirse seo tábhachtach seasamh sa mbearna baol.

I am glad to see the Minister back. That piece "Tuarascáil" in the Irish Times this morning really sums up the core of this discussion. Various Deputies have made really worthwhile contributions to the debate: Deputy Cooney and Deputy Fitzpatrick from Fine Gael who put down the first of these amendments, and Deputy Keating, Deputy Cruise-O'Brien and Deputy Dr. Browne from this party.

In theory you have to urge somebody, or as the Minister said, incite somebody to do something. The Minister said that "encourage" means the same thing as "incite". They do not mean the same thing to me, but then I often find myself in disagreement with the use of words by the Parliamentary draftsman. I do not think I am always wrong. It is not really of fundamental importance to this issue. The fact is that at long last some substance has been given to the suggestion that there is still squatting in this city. We all heard a case being whispered around the House last week of a woman who came back to her corporation flat and found that it was occupied. According to this morning's papers she has now squatted in a house in Percy Place with her family. At long last we have some feeble bit of substance for the case the Minister and Fianna Fáil Deputies have been trying to make. We all know what squatting has been like over the past couple of years in this city. The fact of the matter is that squatting was dead until this case came up.

There were 135 a few weeks ago, on figures supplied by Dublin Corporation.

Would the Minister get his thinking straight? Every grandnephew or grand-niece or grand-child who goes in after a corporation tenant is squatting illegally. That is what the Minister is talking about. He really ought to get his facts straight. There is literally no squatting or intrusion on property in this city and this is the only place in which it ever happened in any worthwhile way at all. There is no such thing at the moment, yet the Minister insists on barging ahead with this Bill and pushing it through and, of course, when he thought he had it, it went sour on him and then he became sour. I would have thought that the Minister in his present position in the Ministry he has would be anxious to get support in this House. Instead of that he brings in this rubbishy Bill, a lot of nonsense, which was never required.

The founders of the Land League who advocated that the landlords be bought out, be expropriated and compensated, would all have been in prison had this Bill been the law at that time. There would never have been the slightest difficulty about it. Certainly a number of newspapers, which cannot be said to have the same views on society as we, in the Labour Party have, have come out most strongly in their editorials on this Bill. I refer particularly to the Irish Independent and the Cork Examiner. They cannot be said by any stretch of the imagination to be supporters of the Labour Party. Yet, we had here yesterday the mealy-mouthed goings-on by Deputy Burke and Deputy Dowling, the pretence that they are interested in the weaker sections of the community and that we are supporting and advocating bullyboys when, of course, the actual position is the reverse of that.

This situation would never have arisen and nobody would have had to talk like this in this House in connection with this kind of amendment to this kind of Bill had the Government done their duty and built houses at a reasonable rate right down through the years instead of giving up completely and providing no money for Dublin Corporation to build houses. The amendment is to insert in page 3, line 34, after "who""verbally (otherwise than on radio or television)". That is the purpose of the amendment. It is one of a group and the whole purpose of the amendments in that group is to do away with what is now being made a crime under this Bill. For the first time ever in this country certain things are being made crimes, things which were adequately dealt with without this legislation at all. The proof of any pudding is in the eating and the fact is the Minister has to fall back on 137 cases, purely abstract legalities, where relatives go in and, in accordance with the corporation rules, they are technically not allowed to become tenants. In other words, they are jumping the queue. This is now the justification for this Bill. It is a most feeble justification for what I called on the previous Stage of the Bill "a piece of neo-fascist legislation". There is no use in anybody pretending that that is not what it is. I want to go back now to the history of the Fianna Fáil Party in this kind of connection.

Is that relevant?

Yes it is. This is an attempt to introduce censorship here and the Fianna Fáil Party have had their own methods of introducing censorship from the very first time they got any strength in the country, their own methods of trying to frighten people; the "7 Days" inquiry is the most recent example, but there were others, all kinds of others. Does anybody remember the philosophy of the Fianna Fáil Party that the people have no right to do wrong? What about that philosophy?

The Deputy will keep to amendment No. 7 now.

I will keep very closely to amendment No. 7 all right in the manner in which it has been debated in this House.

I assume we can deal with the contemporary history of the Labour Party in Cork.

The Parliamentary Secretary is welcome to do that. We have a Lord Mayor in Cork at the moment. That is the way we deal with our disputes.

Amendment No. 7 deals with the media.

The Parliamentary Secretary is talking about this morning's daily media, the written media. There are different media nowadays. When you think of it, the written media were not in existence when the existing law in relation to these matters, the law the Minister is now proposing to amend, was passed. The written media were not in existence at all. Word was sent out from Dublin Castle by messenger and he read out the message, or what-have-you, to the people. The written media as a means of communication did not exist. There is no doubt about it that there is inherent in the Fianna Fáil Party an anti-Press attitude.

That is not true, of course.

What about the time the Freeman's Journal was sledge hammered? The most national newspaper in this country was sledge hammered.

The Freeman's Journal?

Yes, founded in 1763. I condemn the first Government here for not subsidising it sufficiently to keep it alive.

(Interruptions.)

The Deputy should come to the amendment.

It was not the Government who destroyed the paper.

No, but what I have against the first Government is that they did not keep it alive; they did not pay compensation to keep it alive.

(Interruptions.)

I am saying that the supporters of the Fianna Fáil Party at that time sledge hammered it out of existence.

They were not the first Government.

They certainly were not. This is a real example of the attitude of the Fianna Fáil Party towards newspapers: they would go in with sledge hammers to destroy the Press just as certain other people used a more sophisticated method recently in relation to a newspaper they did not like.

What was that?

The Parliamentary Secretary indicated a few minutes ago that he was full of news and now he does not know what I am talking about.

(Interruptions.)

Order. Deputy O'Donovan on the amendment.

I am not one of those people who shout like lions on Friday and come in here on the following Tuesday like lambs with their tails between their legs and walk into the division lobbies.

Why did the Labour Party not open the conference to the Press?

I suppose we should not order our business the way we want to. The newspapers were there for matters of public importance. We had a private session of about two hours.

Deputy O'Donovan on amendment No. 7.

I am right on it. I am talking about the media which are being restricted in the most disgraceful fashion in this section as it stands. Under this section as it stands "a person who encourages or advocates the commission of an offence under sections 2 or 3 of this Act shall be guilty of an offence". If this kind of law was in existence at a time when men were hanged for sheep stealing one would find oneself seriously in trouble if one said that a starving man was entitled to steal a sheep, snare a hare or kill a pheasant. There is no use in pretending that this is not inherent in the section as it stands. Does anybody remember the statement by a well-known member of the Fianna Fáil Party who said: "We cannot make unpopular people popular." That, again, is another example of it.

During the war years when there was censorship of the newspapers here a grim silence prevailed over the country. Nobody said a word but the moment the first inter-Party Government got into office there was completely free discussion about everything. The Fianna Fáil Party in the early 50s made an effort to do the same thing but they failed because they met with the kind of opposition they had never met with previously. They have never been quite the same party since.

The Fianna Fáil party which was a party of radical, agrarian socialism in the 30s has become the party of the great upholders of property rights, with no question of upholding the rights of the person who wants to advocate some change. As this section stands, one cannot even advocate a change. What is the purpose of refusing to accept this group of amendments? It is quite obvious to me what the purpose is and anybody with an eye to see and an ear to hear has only to listen to the Minister speaking and he knows from the Minister's tone and his attitude that the whole purpose is to suppress opposition.

Deputies in the Minister's party told us that the Minister was bringing the law up to date. Deputy Carter talked about depending on Acts of the 14th century, and not being a lawyer I am of the ordinary opinion that Acts of the 14th century, which are still operative, are part of the common law. Many an Act is passed in this House which within ten years is forgotten but those that are worth while gradually become part of the ordinary understood law that everybody understands.

There was a good deal of talk yesterday about what some members of the Labour Party did in relation to the visit of the Springboks to this country. I want to remind Deputies opposite that the man who was most vocal in defence of the Springboks was a member of the Labour Party. I did not notice Deputy O'Malley being enthusiastic about them. I did not notice he made his voice heard.

I am not sufficiently right-wing.

The Minister has changed his spots.

Deputy Coughlan is way, way to the right of me.

Politics is played in Limerick in a different way to the way it is played in other parts of the county. I am indicating that for the benefit of Deputies; unfortunately, they are never in the House except when they want to throw some mud at the Labour Party.

The Deputy is not well supported himself.

In view of that remark, I think I should call for a House.

We should applaud Deputy O'Donovan for his originality.

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

There was a fair amount of interruption the last time I spoke when I talked about this Bill being a fascist Bill introduced by a fascist Minister.

There is not much charity in that statement.

Deputy Burke is the great man who preaches charity in this House but anybody listening to him would know by the tone of his voice the falsity of it.

Acting Chairman

Will Deputies allow Deputy O'Donovan to continue on amendment No. 7?

It is nice to hear a false statement.

I do not think the Minister would appreciate it if I had said this was a totalitarian Bill brought in by a communist Minister. Certainly, it is a totalitarian Bill. It is strange how tradition runs down through things. His predecessor set up the "7 Days" inquiry in the most extraordinary circumstances.

The Deputy's party demanded the inquiry.

Although I was continuously in attendance here, I still do not understand why that inquiry was ever set up.

Deputy Corish asked for it.

The real tradition is the continuation of the Fianna Fáil Government.

We also asked for an inquiry into what happened to the £100,000.

Yes. It backfired on you again.

Acting Chairman

Deputy O'Donovan on amendment No. 7 please.

Tá an ceart agat, a Chathaoirleach. Take the example of the "7 Days" inquiry.

It has nothing to do with the amendment.

The whole purpose of the "7 Days" inquiry was to stop criticism, to interfere with people who were doing an honest day's work on one of the media. They were exposing illegal moneylending here in Dublin. The Government party and the Minister pretended it did not exist at all. There was no such thing. There could not be 14 years after Fianna Fáil had come into office. They sweep everything under the carpet. Is that not the game?

Every house has a carpet now.

For the set purpose of sweeping things under it. Is that what it is there for?

(Interruptions.)

Acting Chairman

Deputies must allow Deputy O'Donovan to continue. Order. Deputy Burke must stop interrupting.

Was there any proof whatever that the broadcast on Telefís Éireann was inaccurate? There was no proof.

Acting Chairman

Will Deputy O'Donovan please get back to amendment No. 7 and will the other Deputies please stop interruping him?

The Deputy is wrong on that point.

What about the children's allowance books?

What is the Deputy saying to me? I am not exactly with him. Children's allowance books? I know something about children's allowance books, too.

You are still drawing it.

No, I am not. I long since evaporated from that situation.

(Interruptions.)

The allegation in that programme was true and I know it to have been true—the allegation that children's allowance books were constantly being taken into hock.

Acting Chairman

Deputies must allow Deputy O'Donovan to continue the debate on amendment No. 7.

One of the difficulties about the Fianna Fáil Party is that critics who are inclined to get too close to the bone are regarded as enemies of the Irish people, a phrase taken from the Minister for Foreign Affairs, who used it because two fellows put up a placard over in Belgium and he could not take it. Even when the media gave him the opportunity the following day to tone down a bit he repeated it and blew his top completely 24 hours afterwards all because a couple of fellows put up a placard outside the Common Market Building in Brussels. We are enemies of the people——

He is doing a magnificent job.

Yes, he is trying to sell us out. That is the magnificent job he is doing.

Acting Chairman

Would Deputy O'Donovan address himself to the amendment and address the Chair please and let there be no interruptions?

I have been talking all the time on the amendment, close to it.

Acting Chairman

That is not the opinion of the Chair.

I am sorry. I shall read out the amendment again.

Acting Chairman

There is no necessity to read the amendment. The amendment is before the Chair.

The Minister has gone again. He is like a Jack-in-the-Box. When I speak to the Chair and take my attention off him or speak to some people who interfere with me across here he disappears. The minute I take my attention off him he is gone. I see another Parliamentary Secretary in his place. Deputy Begley is right. This Bill should not be before the House and considering the number of other suggestions that have been withdrawn by this Government, I cannot understand why they are pressing forward with this Bill at this stage. It is so important that it should become law in July or August, 1971, instead of in November, 1971. It is so important that they must push it here and keep the whole House here when everybody wants to be on holidays. Of course, they have been pushing around the rumour continuously over the past fortnight that the lousers in the Labour Party are keeping us all here.

Acting Chairman

I must again request Deputy O'Donovan to go back to amendment No. 7.

The allegation all the time is that what the Labour Party are doing here is keeping the unfortunate staff from their holidays and the Government from the seaside.

You are doing it at the behest of the subversives.

Deputy Crowley now is imitating the Minister. I had to be put out of the House when I said what I thought of the Minister when he alleged that we were supporting murderers, as he did twice. There was no interruption the first time but when he repeated it the following week I said what I thought of him in words of one syllable. There was no misunderstanding what I said about him.

Acting Chairman

On the amendment please.

The Labour Party are supposed to be delaying the Government of the country and keeping them from doing necessary work for the good of all the people.

We want to come back fresh in October.

This kind of interruption helps me. I like this interchange.

Acting Chairman

It does not help the Chair in any way.

I am sorry. It is most disorderly on the part of these Deputies. They should behave themselves but, of course, they took so much in silence over the past couple of days it does not surprise me that they are getting restive at last. This Bill is an outrage.

Acting Chairman

We are on amendment No. 7.

This is the worst section in the Bill by far and the purpose of the amendment put down by Deputies Fitzpatrick and Cooney is to rectify that situation to some degree. It will not put us back where we were previously if the Bill goes through but it is not through yet, thank God, and it will not be through for quite a while if efforts to keep it in this House are successful. We are quite justified in our behaviour in relation to this Bill.

You are proud of it?

Yes, I am proud of it. This is what Parliament is for.

We will remember that.

That is all right. It was remembered before. I have a long memory. I have not forgotten. The whole Bill is a hotch-potch.

Acting Chairman

We are discussing amendment No. 7.

It is an amendment to section 4 which is linked with sections 2 and 3. That is the operative part of the Bill, the heartland of it. This is an effort by two Fine Gael Deputies. We are not responsible for the amendment at all except that we think it is really worth while and that is why we are fighting for it. The longer this Bill is debated the better because if it once becomes law nobody outside will be able to advocate any change in property rights in this country. "Advocates or encourages" the Minister equates with "incites". We have had only three or four speeches from the Fianna Fáil Benches. The most important ones, undoubtedly, came from the Parliamentary Secretary, Deputy O'Kennedy but, as I say, on Thursday night he was riding off in one direction and on Friday morning he came into the House and started riding off in another direction. On Thursday night he accused the Labour Party in their amendment No. 6 of setting up a whole series of crimes and then on Friday morning he came in to defend section 4, to oppose this amendment.

This amendment is the kind of reasonable amendment any sensible Government or any sensible Minister would accept immediately. It is a clear proof of what is commonly suggested about the Minister. There was a time when the Department of Justice was the most liberal Department in this country. There were officials there who were so liberal that things went along and often reports were not made that should have been made. There was a genuine liberal tradition. That tradition is probably still in the Department because that kind of tradition does not leave a Department, but if you get a certain kind of Minister in a Department you will have an appearance from the Department as if it was totalitarian and anxious to wield the big stick and thrash everybody into submission. That is not so. I do not think that about the Department of Justice. I do not think it either about our Garda Síochána, but this amendment is essential if this Bill is to have any reality.

I am anxious not only to preserve the right of free speech for the Press in this country or for those who appear on television but to preserve it also for the private individual and my concern in relation to this amendment is to mitigate the effect of this section, at least in part. It is not because I wish to see a discrimination in favour of the Press which is not available to ordinary members of the public but because I believe that this section is so badly drafted that any reduction in its effect, even if it is discriminatory, is a good thing. I hope on the later amendments and when we come to voting on the section we will succeed in getting the complete withdrawal of the section. That is the only satisfactory result. However, if this amendment is passed, although it lacks comprehensiveness, it will be a step in the right direction.

If it is decided in this House that forcible entry is to be a crime—and that is a matter for other sections of the Bill—and apparently it has been so decided—then I agree with the Minister that, logically, incitement to crime should itself be a crime. That is only logical. This, as the Minister says, is the position and has been the position in relation to all other offences which have a place in our criminal code. However, the point I should like to make and the reason why I advocate the amendment is that this amendment is not about incitement; it is about something very much wider. Subsection (1) of the section says that a person who encourages or advocates the commission of an offence under sections 2 or 3 of this Act shall be guilty of an offence. The Minister claims that this is the same thing as incitement. If it is the same thing as incitement, why then did he not use the word "incitement"? Why did he have to use the words "encourages or advocates"? The word "incitement" is there already in use in many statutes. It is a word upon which a considerable amount of case law has been built up.

Persons practising in criminal law in the courts have sources to refer to which will tell them exactly what incitement means. So that if we make incitement an offence we know exactly what we are doing. We know it has a certain limited and definite meaning. If the Minister intended, as he claims, merely to make incitement to forcible entry a crime, then surely in logic he should have used the term "incitement" in the section, but he did not. He used the terms "encourages or advocates", words which have no defined meaning as yet in legal parlance, words about which there have been no decided cases, words which are so loose in their application as to constitute complete discretion.

The Minister himself may have honest intentions. Maybe what he really intends is merely that incitement should be an offence but the good intentions of this one Minister are not enough to recommend the section. First of all, the Minister or this House cannot predict what decision the courts will make in relation to the interpretation of the words "encourages or advocates". It is very likely that they will interpret them in a very much wider sense than they would interpret the already decided word "incitement". The Minister must be aware of this. Nor has the Minister any control over what his successors as Minister for Justice or the successors of the present Attorney General will decide is encouragement or advocacy and may prosecute on foot of their decision in regard to that interpretation. We have no control either over what the courts will decide or what those in charge of prosecutions will decide. So, it is quite possible that in putting through this section we are throwing the door wide open to people being prosecuted for the very slightest words which may in some very indirect way act as an encouragement to people to commit forcible entry. This is very bad legislation. It opens a field the limits of which we cannot see, and that is very foolish of this House.

It is quite possible that "encouragement" could be interpreted by the courts to apply to a case where a newspaper might say: "While we do not agree with what a particular person is doing, while we agree that it is unlawful, we, however, can understand why it is being done." That could be in some sense indirectly interpreted as encouragement, as encouraging the person to continue because it is at least extending a degree of understanding to him.

The Minister may say that that is not the interpretation he would put on it but he cannot give a guarantee that that is not the interpretation some of his successors would put on it or that the courts would put on it. He is not in a position to give any such guarantee. So, if he is concerned merely to confine this to incitement, why then did he not use the term "incitement"? The fact that he has not done so to my mind at least, suggests a certain degree of bad faith on his part. I am inclined to suspect that what he has in mind is something much wider than merely incitement. When the word "incitement" was readymade there for him, I cannot understand why he did not use it.

These, briefly, are the reasons why I support this amendment. I support this amendment because at least it will in part limit the effect of what to my mind is a thoroughly bad section which will throw powers into the hands of future Ministers which we cannot predict. As such it is legislation unworthy to be passed by this House.

The purpose of this amendment, to my mind, is to provide that the law will not apply to all of us equally. I believe that the amendment is a deliberate attempt to distort the aim of the section. Why should the law not run effectively and be equally applied to all? Why should the Press, television and radio be singled out for special treatment under this section? Is it that the Fine Gael Party who, incidentally, on a previous amendment when it came to a vote did not vote for the amendment, want to exempt these media from any sort of censure with the aim of enhancing not only the Fine Gael Deputies here but the image of the Fine Gael Party as a whole and to curry special favour with the media? We are not childish enough to believe that the law is capable of even containing the Press. A classic example of this was mentioned by Deputy Browne yesterday when he referred to what happened in America. To counter his assertion I make the point that in the last analysis public approbation of the readers is the measure of the censure of the Press, radio or TV. If the public is sufficiently informed the public can be masters in this matter. A bench of judges sitting in judgment on some newspaper may be deemed, like the rest of us, to have human qualities and say many different things. One judge may say one thing, another may have a different view but this does not mean that even a judgment in court will ultimately contain the desire of any newspaper editor to breach the boundary of fair comment.

There is an obligation on newspaper editors, who are not yet elected public representatives, to present the facts in such a way that they will be seen to give both sides of the story. I want to draw Deputy O'Donovan's attention and the attention of the House —he mentioned certain incidents—to the fact that this is not always done and this applies especially to radio and to television in particular. Television is a powerful medium because it commands a captive audience. Therefore, there is an obligation on the editor of a television programme to present the facts and allow the public to draw their own conclusions. This is not always done. I could give examples of where the media indulged in extremes and presented one side of the case only. Who is to be the arbiter in a matter like this? In my opinion, it is the viewing public and no Minister for Justice and no Government can curb the desire of an editor of a programme if he wishes to indulge in surrealism and drift far from reality. This has been done in certain circumstances. Deputy O'Donovan referred to the tribunal but I would remind him of the tribunal's findings and a few vital points in them. One of these was that in that programme some of the facts were distorted. Some of the methods used in inquiring into the cause of the incidents——

Who fixed the terms of reference?

Some of the methods used in trying to get at those alleged to be indulging in corrupt practices were low enough. Would the Deputy consider bugging a room to be a crime? I think it was never tried here up to then. Even though a room might be inhabited by a criminal——

Fianna Fáil Ministers complained that it was done constantly.

The Deputy will take his medicine like the rest of us.

Deputy Haughey and ex-Deputy Boland complained that the Taoiseach had the rooms bugged.

Men may come and go but freedom goes on for ever if we have the right type of men. It does not matter if the minority go wrong, if we have the right outlook freedom can go on. I was referring briefly to this point and I do not want to be driven away from it: I condemn the bugging of a room. I condemn the attempt, for example, to send a van into an area of trouble and leave it there in the hope that it might be attacked in order to have it photographed so that it would be presented as a scoop. I am not condemning out of hand and in toto the editors of the media but these editors are like ourselves, all human. Why does privilege attach to this House in this regard?

So that we may speak the truth.

Privilege attaches to this House in order that Deputies might be free to speak——

the truth as they see it.

Not always the truth and the Deputy will admit that. Privilege attaches to this House so that a Deputy may speak the truth or otherwise. I think all will agree with me on this. Ultimately, the freedom of the Press depends not on judicial interpretation of the law but on public approbation of what the Press does with its freedom.

They will not be able to sell their papers if the public disapprove.

Freedom in this context does not mean that the freedom should be unqualified. In my opinion, and this is shared by many people today, unlimited freedom is vague and probably indefensible. In order to be attained and maintained, freedom must be limited. This was classically demonstrated not only in this country but in other democracies. We know that freedom is not licence and that freedom of comment when it was turned into licence came a cropper and fell into the hand of the strong man.

Where did this happen?

I think in ancient Rome.

I could quote that for the Deputy but I shall quote some facts much nearer home.

Deputy Carter should be allowed to make his speech.

We should like the Deputy to enlighten us.

I am trying to make a speech—perhaps not a good one—but I shall carry on as best I can. This amendment, like much of the Fine Gael thinking, is selective because it seeks to give unfair advantage to certain people in the community. We are all aware that newspaper editors and editors of television programmes are in the scoop business. This being so, it is inevitable that they are apt to infringe the security of the State.

Are none of them honest men?

How can it be argued that an editor is always in the position to calculate what might be harmful to the State or otherwise? Unknowingly, he might at some stage give away State secrets. This has happened time and again not merely with newspapers but also with politicians. Frequently a politician or newspaper editor would not know, and in certain circumstances might not care, about what they were doing with regard to State secrets.

Deputy Fitzpatrick when he introduced this amendment—and it was a weak argument—said that he would put newspapers above Parliament. I should like to see Deputy Fitzpatrick's experiment working in reality because I think it would be in unrealistic circumstances that any country would prefer the Press to Parliament. A free Press is essential and no democratic Government would seek to interfere with that freedom. However, when one considers unfair comment or the back-street pamphleteer, or an editor anxious to brainwash his readers, one comes up against some of the naked facts which face the public and Parliament in the media. If we accept the proposition—and it is generally accepted, no matter what is said to be the contrary—that freedom must necessarily be limited if it is to be maintained, we can agree with the point I made earlier that liberty is not licence.

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

I was referring to freedom of the media and I was saying, and am saying, that this amendment is selective. It seeks to permit unfair comment in one direction and to stifle it in another direction. This being so, the proposition is, to my mind, that the framers of this amendment are seeking preferential treatment for one section of the community as against another. I do not think that any Parliament should subscribe to that aim because, if it did, it would be bad law, bad practice, and it would end in discrediting our laws, in discrediting those who administer our laws, and it would discredit the framers of the law and the initiators of the law.

Those of us who have had some little experience even of reading cases arising from the law of libel, for example, know very well that, as in politics, it is very hard to gain unanimity, shall we say, on any given point. We also know that no Government, whether it be a socialist Government or whatever system it may be founded upon, other than an outright dictatorship, can curb the media today. We have ample evidence of that.

I want to try to keep to the point of freedom of the media. I was referring to some of the issues which emerged in relation to complaints with regard to some programmes on TV. Some of those complaints were well-founded. The editors of some of those programmes were in the scoop business and, that being so, they were always anxious to present the best image they could to their captive audience. We know, for example, if we advert for a moment to the inquiry which was held into the "7 Days" programme, that information on the subject of moneylending which was gathered in one small area was subsequently used to present the picture that what was happening in that small area was happening on a widespread scale. We also know that some of the arguments used to push forward that programme were grossly exaggerated and calculated to present a false picture and a distorted pattern of the whole subject under review.

There is an obligation on the people presenting those programmes to present both sides of the case and to do so in such a manner that they will be seen to be representative of each side of the case. In a similar fashion the debate on these various amendments is being used to try to brainwash the public into the belief that the Government are doing something inimical to freedom. This is not so and this has been proved time and again not merely here but elsewhere as well.

When Deputy Fitzpatrick referred at the outset to the work of the Press and to the place it should occupy in the affairs of the country in general, I thought he blew the proposition too high altogether. He talked about newspapers defending freedom. But they did not always defend freedom and I want to put that proposition now to Deputy Fitzpatrick. Newspapers in this country did not defend our freedom from 1914 to 1921. We had not so many friends in the newspaper world then. How many of the editors of those days could come in here today and show their files here on the floor of the House? How much of the media had we behind us then? I was not abroad then. I regret this in a way, but I have read a little history about the period and I have gathered from my experience since that very few papers in circulation then supported the aim of freedom in full. They might have supported it in a limited way, but they did not go the whole way. Therefore, when Deputy Fitzpatrick seeks to put the power of the Press above Parliament, I would say to him that he must be careful because, after all, there is a limiting factor on Parliament which is not present in the Press, other than the law of libel, of course. But there is a limiting factor on Parliament and the naked fact is that every Deputy here has to face the electorate. This is why I say in this context that the best curb on the media is the readership of the Press and the captive audience of TV and radio. It is my proposition that, if one has a sufficiently well informed public or captive audience, then the public or the audience will be able to assess the worth of comment either in the Press or on TV. Unfortunately, that is not always the case and, in the nature of the news media, there are many reasons why there should be at least some slight limitation on the scope available as to the sources of information. No one will object, either here or outside, to fair comment, certainly no one who is sufficiently informed, but when one gets facts presented in an unfair way in an attempt to brainwash some section of the community, then one is justly entitled to reject an unlimited scope in this direction.

I think it was H.G. Wells who said that the path of social advancement is and must be strewn with broken friendships. This sometimes occurs in politics because in social advancement, in my opinion, and in the dissemination of information one must be reasonably scrupulous to see to it that the information presented does not distort the real facts. It is my submission that the movers of these amendments are leaving no stone unturned or, as George Bernard Shaw said, no turn unstoned in their efforts to press home these amendments and, in pressing them home, trying to put abroad that we are out deliberately to destroy the power of the Press.

I also submit that we have indulged in this debate in widespread, high-sounding references to the Press, some quite specious, and some calculated to curry favour with this media. Why should we give a damn about what any newspaper thinks of our comments? Our aim is to subscribe to freedom and to be able to calculate how far it is safe in certain circumstances, in dealing with State secrets, to entrust those secrets either to politicians or to the Press. It has happened in the past that a leading politician gave away State secrets innocently and that subsequently became the subject of what amounted to a national debate. The man was only human to start with; he did not at the time know that he was giving away this information and he quite possibly in the heat of debate failed to exercise all the care that he should. The same could go, for example, for a newspaper editor or for the editor of a programme on TV. The same rule should apply in all cases. If a rule applies to me outside Parliament then the same should apply to a newspaper editor. I challenge Deputy Fitzpatrick's opposition and I think I would be able to show that his idea is wrong and that if he prefers the media to Parliament he is wrong and he would not be able to sustain his arguments either in this House or in open debate outside it. If I had a researcher available to me I would, I think, be able to show him this. Do not forget that this is not the first Bill dealing with the media. This is not the first debate in which all the arguments about freedom of the Press were trotted out. We know it is a favourite subject of politicians to talk about the freedom of the Press and the dangers of encroaching on the freedom of the Press but if I had a researcher and the necessary references available to me I could quarry up enough material to show that there is as much of a desire among newspaper editors as among politicians, in certain circumstances, to indulge in the scoop business. What is sometimes sensational will push every other headline off the paper. Everyone knows that if I stood up in the course of the debate and called some fellow a heinous name I would get the headlines the following day. On the other hand, if I made a sensible proposition I might not get one line. We are living in an age of brashness. I do not think Deputies can get away from that.

I thought it was an age of enlightenment.

We are living in a brash, loud age where even the advertisers cannot present an adevrtisement without reference to sex. All Deputies will agree that there is nothing wrong with sex in the right place.

That is an amazing revelation.

It is beneath contempt when advertisers try to use it to brainwash the public.

I do not know how we can relevantly discuss that on this amendment.

(Cavan): It is very revealing. I think Deputy Carter should be allowed to continue.

Highly germane.

The freedom of the Press is the heart of the matter. Deputy Fitzpatrick at the outset said here that he would prefer the Press to Parliament and I say he is wrong.

(Cavan): I did not say that.

The Deputy did. I am not misquoting him.

(Cavan): I said that the Press wielded more powerful influence than Parliament.

The Deputy gave the House the impression, whether he meant to or not, that he would prefer the Press to Parliament.

(Cavan): I would prefer the Press to some parliamentarians.

To some possibly. I would not blame the Deputy.

Let us get back to sex; it is much more interesting.

No, I am not trafficking in the subject at all. I merely used the point to demonstrate the desire of certain advertisers to push decency into the background and to advertise as loudly and as lowly as the scope of our law will permit.

We all know that the charge that a government elected by the votes of the electorate seeks to infringe, to thwart, to circumscribe or to bind hand and foot the media, is not a realistic charge. The charge is in terms of surrealism and not realism. Those of us who practise politics should be aware of the fact that politics is the art of the possible and the possible can only be made so, in my opinion, if a sufficient number of people can be brought to believe that (a) it is necessary (b) it is desirable and (c) that it is unlikely to do them too much harm personally.

I said at the outset that the best curb on the Press or on TV is a sufficiently well informed public who are aware of the facts. I would also submit that no matter what law is proposed in the final analysis time will show that it is not sufficient to curb the powers of the media. Only a sufficiently well-informed reading and listening public in my opinion is able to deal with the desire of certain editors to disseminate information which is not useful or calculated to put the full facts of the case. This is why I condemn Deputy Fitzpatrick's amendment as being selective and calculated to give preferential treatment to certain sections of the community to prevent the law from being equally applied to every person and to distinguish as it were between class and class. Why should not the same law which applies to a back street pamphleteer apply in general to the media? Why should advertisers be allowed to get away with propaganda or distortion which will not be tolerated generally? Why do we have to be selective here? I ask the House to reject this amendment on the grounds that first of all, it creates class distinction, secondly it is designed to prevent the law from being applied equally and, thirdly, it will not be workable anyway

It strikes me that certain points which have been raised by previous speakers regarding this amendment and regarding coverage by newspapers in the past are contradictory. Deputy Carter said that from 1914 to 1921 the newspapers gave little or no support to the freedom movement here at the time. If the newspapers wished at that time to give support to the IRA they were perfectly free to do so. There was nothing whatever in the laws of that time which would make it an offence for them to cover or to encourage rebellious activities.

Censorship of all newspapers.

He said that certain newspapers did support them but not all. Deputy Fitzpatrick was misquoted as saying that newspapers should be above Parliament. He did not say that. He merely said that newspapers should be free to print what they wished provided they concurred with the laws of the land but that this section of the Bill would curb the freedom of the Press, to what degree we did not know at this stage. The newspapers should be given as much freedom as is possible, as is compatible with our way of running this country. Newspapers in this country have done a tremendous job in fields where Parliament itself has fallen down. I can quote two recent cases in which newspapers could have been stopped from printing certain things which were illegal in other lands if our Parliament at that time had the power to prevent a newspaper from printing something which was inciting or encouraging illegal activities not only in this country but in other countries. This would have nullified some of the great humanitarian efforts which have been made by newspapers over the past number of years. I refer particularly to the tremendous effort at exposure which was made at the time of the dreadful Biafran conflict in 1968 when through the medium of the Evening Herald the world was told of the horrible things that were happening in Biafra. It would have been illegal for a newspaper in Nigeria to have printed these things. It was through the medium of the Irish newspapers that the world was told of the horrible situation that existed in that country at that time even though what the particular regime was doing may have been illegal in the eyes of certain countries, including our own.

We are perhaps here putting our fingers into a fire which may result in our fingers suffering from third degree burns because any attempt, whether it is a real attempt or an apparent attempt, to put a muzzle on the Press, on the voice of the people, is a very serious thing.

On the 16th July Deputy Fitzpatrick asked the Minister for Justice whether he would be prepared to accept amendment No. 9 and the Minister said we were discussing amendment No. 7. Amendment No. 9 would give freedom to the Press and responsible magazines and periodicals to report what is happening. Recently we have had the thin edge of the wedge introduced as regards muzzling the Press. It is illegal now for the Press to mention the IRA in connection with any activities that are taking place. They must qualify that by saying either the illegal provisionals or the illegal Gardiner Street group. Recently 11 newspapers were brought to court by the Attorney General acting on the instructions of the Government. They were fined for reporting a case which had been heard in the High Court and at which no instruction whatever had been given to the newspapers or to the newspaper reporters to leave the court. At one stage the judge asked one of the witnesses to speak up loudly so that the newspaper men at the back of the court could hear what he was saying. Then these newspapers were brought to court and heavily fined for reporting what had happened in the court.

That Act was passed in 1929.

The judges should have been made aware of it because apparently they were encouraging witnesses to speak up so that the newspapermen could hear them. There was an effort on the part of the establishment to trap these newspapers by condescending to their presence in the court room by not mentioning at any stage that they should not be present there. They were all heavily fined as a result of it. It was an unusual thing. I was very surprised.

Is the Deputy suggesting that the judges concerned tried to arrange this?

That is what the Minister said. I have not suggested it.

What I said was that the Act which the Deputy objects to was passed in 1929.

I am merely saying what happened. If there is an Act surely it should be the responsibility of somebody to inform the people who would be there.

Not the judges.

Then perhaps the Attorney General. At no stage was there any application made for that case to be heard in camera as it could have been, I believe, under the 1929 Act. To take section 4 a stage further, I would see a great difficulty occurring if a person in this House wished to advocate squatting—please God nobody would—and stood up here in the privilege of this House and advocated squatting. What happens to the person who reported this?

Privilege also.

What would happen to a Deputy who went out of this House and from a platform advocated squatting? What would be the position of the newspaper that printed what he said on the soap box at the crossroads? What would happen to the newspaper if what the Deputy advocated at the crossroads was identical in wording to what he had advocated in this House? Is there not an anomaly here? Is it that we can come in here and say what we like, get it on the record and then go outside, tear the page out of the Dáil Report and say to people at a meeting: "I wish to tell you what I said in Leinster House on 21st July when I supported the rights of a person to squat or sit-in or sit-in on a fish-in" and read from that? What would be the position of the newspaper reporter who reported that and it is published in the newspaper? What would be the position then?

The same as it always was.

What is that?

We frequently have that situation. People come in here and slander people under the privilege of the House. They do not do it outside. That has existed for 50 years.

In other words, by saying exactly the same things outside the House and having them recorded in one of the newspapers, the newspaper reporter would be liable to be prosecuted?

Of course, he would.

If you think he should, fair enough.

He would have no privilege unless he were merely to take the page out of the book and quote.

He should not have any privilege above any ordinary citizen. The writ should run equally.

Exactly. That is the point I am trying to make, that whereas we can say something here and it can be merely quoted outside and newspaper reporters can take it back to their editors and have it printed in the papers as being what we said here, if the same is quoted at the crossroads it can be libellous and be a criminal offence. These are some of the anomalies that I see as a non-legal man, as a new Deputy. I see certain complications here. What about a reporter who goes on "7 Days" and reads from the Dáil Report what a Deputy had said in support of squatting and says that Deputy Byrne said such and such, is that "7 Days" reporter subject to a criminal action?

(Cavan): There are other ways of dealing with him.

I have looked at it carefully and cannot see any way around this. I see a great anomaly in this section. I cannot see the difference between my saying something here under the already established privilege of the House and going outside and taking a Dáil Report and merely quoting from it.

That applies to anything.

It does not. This is different. The point did not strike the Minister until I mentioned it. You could have a member of an illegal organisation reprinting sections of Dáil Reports where squatting was advocated and handing it out in a pamphlet, or even reading them out and taking abstracts and printing abstracts. We would find ourselves in a very difficult situation. Therefore, amendment No. 7 should be adopted.

I also think that amendment No. 9 would solve a great many problems. I merely mention that in reference to previous reports of 16th May where it is mentioned.

(Cavan): Is the Minister satisfied that the privilege which would apply to libel and slander in respect of words spoken in the House would also protect newspapers publishing what would be a criminal encouragement under this Bill?

I would require notice of that. My difficulty is that if I answer a question like that in a particular way I am accused of making up interpretations of the law and trying to force them on the House and that I have no basis for my interpretations. If I decline to try to give on the spur of the moment interpretations of the law I am accused, as I was last week, of bringing in a Bill and not explaining it. I lose both ways.

(Cavan): It is food for thought all the same.

Deputy Fitzpatrick has clarified what I was attempting to say. Not being a legal luminary I find difficulty in using the right words. I see great difficulty in trying to enforce the law. This is a criminal law we are bringing in and it applies to the freedom of the Press to print what they want to print. I quoted two recent cases where the Press were muzzled. When they did go ahead and print what they thought they could print they were heavily fined. There will be a great problem if the Minister perseveres with the section. I am here to help the Minister, not to go against him. The Minister has put in something that he will be unable to enforce, which is a rather nebulous type of thing. If I say something in the Dáil in which I encourage squatting, which was originally privileged because I said it in the House, and if that is read out at the crossroads and the reporter takes it down while it is being read, you cannot have him becoming a criminal as a result.

Does the Deputy realise that, under the amendment, someone who speaks at a crossroads is committing an offence but if he says the same thing on television he is not? Does the Deputy realise that is a consequence of the amendment?

We are quite clear on the amendment.

Let us be clear on selectivity.

We are quite clear that the amendment is not as such. The amendment says "otherwise than on radio or television".

Yes—"verbally otherwise than on radio or television". In other words, it is an offence to say these things verbally but it is not an offence to say them on radio or television. If you get up at a street corner and speak to a dozen people you commit a criminal offence, and according to Deputy Fitzpatrick it is right that you should, but if you go on television and address one million people you do not commit any offence although you say precisely the same thing, incite the same crime, with the same words. I have said that twice already but it has never been printed, of course.

We are trying to point out the importance of the mass media. I was watching a crossroads meeting recently held by Fianna Fáil. There was one person there.

That is the point I am making. If you talk at a crossroads meeting to one man you are committing an offence under Deputy Fitzpatrick's amendment but if you go on RTE and talk to one million people you do not commit any offence, although you say the same thing.

He does not realise that.

In the other amendments it is quite clear and it is pointed out——

(Cavan): The Minister can redraft the amendment. If he accepts it, we will permit him that luxury.

Does Deputy Fitzpatrick now agree that what I say is right?

(Cavan): I agree that it is necessary to put down this series of amendments to bring the Minister to his senses.

Maybe you will withdraw it?

(Cavan): I have no notion of withdrawing it and I will not withdraw No. 9 either.

This great problem arises that we are putting in something which we cannot enforce. I shall not quote the Minister but if I take my contributions from the Dáil Report and bring them outside and quote from them, apparently I am completely privileged and if a newspaper editor prints from the Dáil Report he is entitled to do it but if I were to say exactly the same as I said here outside without giving a reference to a quotation I would then become a criminal and so also would the newspaper editor and reporter who would report me. This can happen. This is one of the ways in which the law can be tested as to whether it is constitutional or not. We are, in fact, trying to pass a Bill which de facto would be unconstitutional. I merely wish to point that out to the Minister. It is one of the things that struck me in regard to a “7 Days” reporter going on television, opening up the Dáil Report, quoting from it, perhaps quoting from memory, possibly making some little mistakes and he is then liable to prosecution under this Bill.

The Minister should accept the amendment with any re-drafting that may be necessary. We have been very fortunate—perhaps privileged—to have had the calibre of newspaper coverage we have enjoyed in the last 50 years. Any attempt to muzzle the excellent newspapers we have at present is to be deplored. I have quoted references to the humanitarian work they have done. I think it was estimated by the World Churches that over one million lives were saved in Nigeria during the Biafran conflict. I would deplore any attempt to muzzle the Press or take the vitality out of it. The thin end of the wedge already went in with that High Court action when the newspapers were fined for reporting a case in which the judge had actually told a witness to speak up so that the reporters at the back of the court could hear. They proceeded to report the case. No application was made by the Attorney General or by either of the senior counsel there to have the case heard in camera. The newspapers were summoned and fined heavily as a result. Further evidence of the thin end of the wedge coming in is provided in that they are unable to refer to a person as a member of the IRA unless qualified by the term, the IRA illegal organisation or IRA provisional organisation or the IRA Gardiner Street group. These things represent the thin end of the wedge and this Bill is the blunt end. We would lose the great freedom we have. We have seen this happen in other countries in the past 50 years where the Press have been muzzled, in countries that perhaps know more about war and killing than about life and living, countries that have discovered the scientific secrets of the atom but have rejected the virtues of the democratic society. This section of the Bill is fascist and is a dangerous section.

I should like to open my remarks by asking Deputy Fitzpatrick would he not withdraw the amendment? The Minister has pointed out how unjust it is that a man speaking on television would not commit an offence, if the amendment were accepted, while a man speaking at a country crossroads to one or two or a number of people would commit an offence. During the discussion on this Bill the Opposition have built up a sort of fantasy of terrible ogres on the Government benches trying to destroy the freedom of the Press. This morning, one of the first things I heard was the Minister being called a fascist Minister. I know it is the "in" thing at present to call somebody a fascist if you do not agree with him; it used be a communist. I can never see much difference; one is as bad as the other, but it is now the "in" word to use and to call somebody you do not agree with a fascist pig. Deputy Fitzpatrick might consider withdrawing the amendment.

(Cavan): The Minister might withdraw the section.

No, withdraw the amendment because it has been shown that it is not well drafted. Deputies Dowling and Burke spoke with some feeling last night on this matter. Like myself, they were members of the former city council who had to run the gauntlet every time they met of people agitating to incite people to commit offences by squatting and taking over public buildings. I thought the Press dealt very fairly with these happenings at the time. Some of us can thank the pressmen personally for on one occasion, at least, they were able to save us from physical violence outside the City Hall. If some of us feel strongly about the Bill and if measures should be taken to curb any section that would try to disrupt the democratic system, it is time we should stand up and be counted.

Great play was made yesterday by Labour Party speakers about the nazis and how they destroyed the Press. Let us not forget they first destroyed the democratic institutions by the very same methods that were used in this city to try to intimidate public men and to force them to take action in accordance with the wishes of the mob. Fortunately for us we had a Government which ensured that law and order would prevail and that the weaker sections would receive protection from the law, like any other section. Our democratic institutions were safeguarded and so were the Press, because we must accept that democracy is not divisible: you cannot have a democratic State and an unfree Press nor a free Press in a totalitarian country. It is silly for Opposition speakers to suggest that the Government in this Bill are trying to destroy the Press.

Deputies Dowling and Burke spoke at length about the happenings here when a football team came to play rugby at Lansdowne Road. The Labour Party, principally, led this campaign to have the match forbidden and when that failed they sought to have the Press boycott the match. Great pressure was put on various sections not to attend the match and, in the case of the Press and television, not to report it. Violence was done to people who had in the eyes of the Labour Party the audacity to go to Lansdowne Road. Many thousands of our citizens like rugby football and wanted to see this match but any man or woman who went there that day was, at the least, subject to barracking and to violent intimidation at the worst.

That is not true and the Deputy knows it.

The Deputy has just come in. Will he please stay quiet? We saw him do his dervish dance in O'Connell Street on that occasion.

Is the Deputy aware of the intimidation?

There was intimidation.

(Interruptions.)

The Deputy cannot get away from this fact.

There was an attempt to intimidate the Press.

(Interruptions.)

On that day the image of liberalism in the Labour Party died because we then saw there was bigotry and suppression there but, of course, suppression is not suppression if it comes from the Left. We hold it is suppression. People going to Lansdowne Road had a perfect right to go there if they wished. All credit to the people who write in the newspapers and the personnel and those in RTE because they told the agitators what to do with their protests. They reported the match and we saw the way the Press acted in that instance.

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

I was referring to the admirable stand taken by the Press at the time when efforts were made to intimidate them not to report a football match at Lansdowne Road. Deputy Cruise-O'Brien took exception to this and said there was no intimidation at Lansdowne Road but if RTE would re-run the reels for him he would see the atmosphere that existed outside the grounds on that occasion.

There were many people who felt that they did not wish to see the South Africans play on that occasion but most of them recognised that if their neighbour wished to see that match he had a perfect right to do so. The Irish Times, the Irish Independent, the Irish Press and the Cork Examiner had a right to report that match and I am glad to say they exercised that right. By their action they gave us an assurance that we will always have a free Press in Ireland.

If this amendment is not passed, there will not be a free Press.

The Minister pointed out that if the amendment put down by Deputy Fitzpatrick were accepted a person could appear on television or on radio, he could make statements contrary to the law but he could not be prosecuted. However, if, for instance, a politician addressed a few people at a meeting, under the Fine Gael amendment he would be liable to prosecution. This is selective justice. The other night Deputy Fitzpatrick suggested that there was no use in sending in certain Deputies—he mentioned two Fianna Fáil Deputies, I was not one of them—because they were not lawyers and could not interpret the law.

(Cavan): I would point out that Deputy Dowling last night spoke for an hour. During that time he showed that he did not even know the amendment or section we were discussing.

Deputy Dowling spoke from 9.55 p.m. until 10.30 p.m.

(Cavan): He was sent in by Deputy Andrews and he did not even know the number of the amendment.

Does the number really matter?

(Cavan): Not to Fianna Fáil apparently. They do not know what they are talking about and they do not want to know.

Deputy Moore is in possession.

Deputy Fitzpatrick was very selective not only about who should be amenable to the law but who should speak in this House. We are told that repression comes from this side of the House but, by his action and the amendment he has put down, it is obvious that the Deputy thinks the representatives of the people do not matter. According to him selectivity should be used in the law both inside and outside the House.

(Cavan): Let me remind the Deputy that the Minister lectured the Labour Party that they were talking about something they did not understand.

That is not relevant to my speech. Last night we heard from Deputy Keating the reason he joined the Labour Party. He said he had seen a picture of another member being bitten by a dog during some demonstration and that he decided then to join the Labour Party. This shows the kind of mentality that exists in the Labour Party when we are told this utter nonsense during discussion of a serious Bill. I suppose the point the Deputy was trying to make was that a police dog bit someone. I do not know if a police dog bit a member of the public but in this content it does not matter.

Deputy Fitzpatrick's amendment is highly selective and the Minister would be wrong to accept it. We heard all about the nazis but I would remind the House that they were selective in their treatment of others. If a person belonged to their party he was all right but if he did not he was at risk. Fianna Fáil have never shown any fascist or nazi tendencies. I recall a great effort in the 1930s to set up a fascist State here but this was successfully opposed by Fianna Fáil. We resisted them in the past and would resist them in the future if necessary. The Government have a duty to legislate for each section of the community. They have a duty and the means to give protection to each section.

Many sections are not being protected at present.

They had to protect people who wanted to attend a football match. They had to use the full Garda force to ensure that if a person wanted to go into those grounds, he could go in unmolested.

No one was molested at the grounds.

I do not know whether the Deputy was here for the match.

I suppose it depends on what the Deputy means by "molested".

No one was molested at the grounds. There was violence at another meeting. I apologise, Sir, but I want to correct misrepresentation.

It is not misrepresentation. On one occasion the Labour Party tried to muzzle the Press. Deputy Dr. Browne said yesterday that they did that and the Press answered back. The Press gave the right answer. That is fair enough. If the Government told the Press to suppress certain facts I suppose that would be an entirely different thing. The point is that the same principle applies. Somebody was trying to muzzle the Press. Deputy Fitzpatrick's amendment will muzzle not the Press but the speaker at the crossroads.

(Cavan): Withdraw the section and no one will be muzzled.

Withdraw the amendment.

(Cavan): Guilt by association.

The Deputy could withdraw his amendment quite easily because I think he realises now that it is a futile and a very unjust amendment. Yesterday Deputy Keating spoke at some length about Mahatma Gandhi. He held out Mahatma Gandhi as being a very great man, an opinion to which, I think, most Members of the House would subscribe, but in his writings Mahatma Gandhi was very clear on property rights. He said that those who believe in violence will naturally use it by saying: "Kill your enemy, injure him and his property whenever you can."

This whole Bill is about the safeguarding of people's rights to their property. We do not need any Member of the Left here to quote Gandhi to us because he condemned the very thing we are trying to condemn in this Bill. We want to protect the principle that a man's property is his own and that his basic rights must not be taken away from him by any section, small or big. It is not too late for the Labour Party and the Fine Gael Party to take a serious look at this Bill again and see the good which will come from it and the damage which would be done if the Minister were to accept amendment No. 7.

I suppose that basically each Member of the House believes that every person should get a fair deal. We know that we will never build a society in which every person will be rich but at least we can start off by ensuring that, no matter how poor a man is, he will have certain basic rights guaranteed to him.

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

I notice that, while Fianna Fáil numbers become bigger, the Labour Party numbers remain static or reduced after a House is called.

The onus is on the Government to provide a House.

Members of this House have certain duties. The Labour Party cannot continue pontificating to us on what we should do. They are the intellectuals who know what is best for the people, who know what they want, who know what path they should follow, and what kind of football match they should go to. The ordinary person in the street must listen to and accept their dictum on what is good for him.

The Deputy has only to look into his own heart.

This Bill has been drafted to give protection to the people who need it most and to give protection to the people who have had their houses or their flats taken from them by stronger forces. I wonder why there is this opposition from the Labour and Fine Gael Parties. I know it is the duty of the Opposition to criticise. It is also their duty to offer some alternative proposal which would stand up to examination and which could eventually be part of our legislation to make this a better society. We will not have that society so long as people can come in here and defend the likes of the thugs who took over a flat from a blind man. There is no condemnation of that but it happened to my knowledge and it would happen again, I have no doubt——

What about the corporation people who threw the man out on the street for not paying rent?

If we were to capitulate and say: "Let might be right", the unfortunate man I mentioned and other families would suffer the fury of the mob. Of course, it would be all done in the name of liberalism and freedom. The only freedom the ordinary person wants is freedom to live his own life and not to have his flat or his house taken from him and not to have his job imperilled.

Amendment No. 7 deals with the mass media.

I am speaking on the amendment.

The Springboks?

I will deal with the Springboks again if the Deputy likes. I know the Deputy is very touchy about them. I want to ask Deputy Fitzpatrick again to withdraw this amendment.

(Cavan): The Deputy should have a chat with the Minister and get him to withdraw the section.

The amendment has been proved to be most inept and unjust.

(Cavan): The amendment has given rise to a very illuminating discussion, a first-class discussion.

We are anxious to point out to the Deputy the error of his ways. When he drafted the amendment he probably thought it was quite good but, under the scrutiny of this House, it has been proved to be very unjust indeed. We on this side are giving the Deputy the benefit of our wisdom. We are giving him a way out. He can withdraw it.

Very generous.

If the amendment is not withdrawn it will be defeated anyway.

(Cavan): Deputy Haughey may not vote against it.

I notice that when Deputy Fitzpatrick is stuck for a comment he throws in some name like that of Deputy Haughey.

(Cavan): I understand that he is leading the section that disapproves of this Bill.

The Deputy understands no such thing, with all due respect.

(Cavan): It is being said. It may not be right.

The Deputy is just trying to make mischief now.

(Interruptions.)

The Deputy is thinking of Deputy Dockrell or Deputy Esmonde now, I think.

(Cavan): No. I am thinking of Deputy Charles J. Haughey.

Order. Deputy Moore.

If Deputy Fitzpatrick wants to test who will or who will not vote for this amendment, I put it to him to let Fine Gael have a free vote and he will be amazed at the numbers who will not vote for it.

They will abstain.

They will abstain. It is no secret. It is common knowledge.

(Cavan): Will the Deputy's party have a free vote?

The Government side have a duty. The Government before bringing in any legislation has to study the position very carefully. That can hardly be said about this amendment. I do not think the Deputy did his homework on it. Here is an opportunity now to withdraw it. I have no desire to shorten the debate but, if the Deputy wants to shorten the debate, he can do it by withdrawing the amendment.

(Cavan): The Minister can do it by withdrawing the section.

Take out the whole section. Take out the Bill and we will let you go on holidays.

The Deputy has not considered the amendment very well. I would like to give him an opportunity of withdrawing the amendment and letting us get on with the work. Opposition Deputies have talked loudly about the freedom of the Press. I do not think anybody would want to destroy that freedom. We are not going to use this selectively to buy the freedom of the Press when it suits and, when it does not, to let the Press get the full treatment. That would not make for good law or good government. The people are reading the speeches made here in the past few days by the Opposition and the people have the ability to evaluate the wild and woolly statements made about a so-called "fascist" Minister and the threat of "Big Brother", and all that, and they will see through this futile attempt at pretending that somewhere on the Government benches there is a conspiracy towards fascism. There is no such thing. As I said earlier, the only time anything like that was attempted it was defeated by the Fianna Fáil Government.

(Cavan): It was the Deputy's party who were fascists then and did not believe in free speech and would not allow people to get up on platforms and make speeches. Steps had to be taken then to protect free speech and we protected and successfully maintained it for this country.

That is another myth.

(Cavan): It is a fact. Deputy Carter is not all that far removed from us. He once talked a bit like us.

The Deputy does not even believe that.

(Cavan): It is a fact and history has proved it. We will defend free speech to the end as we did in the 1930s.

This amendment will not make this a better Bill. In fact, were we to accept it, the section would become absolutely unjust and I believe the Opposition now realise this.

(Cavan): My information is that the Minister is going to drop it for the time being. It looks like that and the Deputy is marking time now.

(Interruptions.)

(Cavan): The Deputy's Taoiseach is an authority on special branches and phone tapping and all the rest of it. According to Mr. Kevin Boland no one knows more about special branches than the Deputy's party.

(Interruptions.)

Order. Deputy Moore.

I suppose any old argument will do to bolster up opposition to the Bill. I would be wasting the time of the House were I to treat this amendment seriously any further. I regard the amendment as unjust. It is badly drafted. It is an amendment on which the Deputy did not do his homework. I think he acted in haste and, were he to withdraw it now, we would respect his sincerity and we would not claim any hollow victory over him.

Before I get down to the substance of the amendment I should like to take up specifically two points mentioned by Deputy Moore. One is this endless incursion into the history of 40 years ago and the Blue Shirts, which always occurs in this House on practically every subject, no matter how remote it may be from the subject.

I did not mention the Blue Shirts.

Deputy Dr. Cruise-O'Brien did, specifically.

(Interruptions.)

Order. Deputy Thornley is in possession.

(Cavan): We are proud of the Blue Shirts and Ireland owes a lot to them.

The reference grew out of the objection taken by members of the Fianna Fáil Party to the use of the word "fascist" as descriptive of this particular piece of proposed legislation. It is, I think, a word which is highly proper and bears a very close analogy to the destruction of the freedom of the Press and of the mass media at large in continental Europe in the thirties. The use of the word "fascist" by us and by members of the Fine Gael Party has drawn the inevitable historical reference back to a period in which, it was alleged, the Fine Gael Party espoused a fascist tendency in the Blue Shirt period. I hold no brief for the Blue Shirts in particular but, as an historian, may I say wrong lay on both sides in that particular episode. The chances of Ireland falling into a fascist tendency in the period 1933-34 were virtually nil.

That shows the Deputy's superficial knowledge of the time.

I will come to Deputy Carter's superficial knowledge of history in a moment. The honourable men who sat on the front benches on that side of the House in the thirties were in the main more addicted to fascism than I am. One person, the late General O'Duffy, was that way inclined. The movement petered out after one year and there was a rapid and correct reversion to more civilised politics under the late Deputy Cosgrave. May I suggest to Deputy Carter that he gets hold of "The Year of the Great Test" edited by the late Frank McManus and read my articles on the Blue Shirts there and he will find out things about the Blue Shirts of which, apparently, he is not now aware. If he wishes to carry his researches further——

(Interruptions.)

If Deputy Carter wants to carry his knowledge still further by reading a book, and as Jimmy Durante used to remark in a famous song, he once read a book— I know the Deputy has read a book of mine, as he was once so kind as to tell me—he should read Mr. Maurice Manning's "History of the Blueshirts" which has recently been published and this will illuminate him still further. In fact if all Deputies read these two works the endless Carter-cry of fascist and Blueshirt which is increasingly boring to those of us who were not born at that time might cease.

The other point I want to make is that while it may be correct that certain members of the Fianna Fáil Party resisted fascist tendencies in the thirties, all I can say is, autres temps, autres moeurs. At the moment the Fianna Fáil Party are a very different phenomenon from what they were in 1934. Had I been alive then, which happily I was not, Fianna Fáil would have commanded my respect and admiration to a great extent. I might even have felt as a socialist and republican that it was an appropriate party to join at that time. I certainly do not do so now. The ordinary rank and file members of the Fianna Fáil Party do not feel that way inclined either.

How can the Deputy speak for them?

I can read the newspapers.

Does the Deputy believe everything in them?

Up to the time this Bill is passed.

You are not sure of the rank and file members of your own party.

We shall have to sell the Labour Party some super-propaganda.

When this Bill is passed the Irish Press with a capital “I” and a capital “P” will be the only newspaper permitted to continue in existence and no doubt then I will be appropriately illuminated.

(Cavan): Only if Deputy de Valera behaves himself; he got a lecture here the other night too.

The proposer of the amendment took the Irish Press as an example, so you would seem to be in collision on the amendment.

I hope too that when this despicable measure becomes law, and if and when this amendment is rejected, as it undoubtedly will be, because the massed battalions of the Government——

(Interruptions.)

Perhaps Deputy Thornley will be allowed to make his contribution.

If and when this amendment is defeated and the Bill becomes law, as ultimately it will and by the adverb "ultimately" I mean ultimately—it will be as ultimate as we can make it on these benches— I hope the eminent and respected managing director of the Irish Press, Deputy de Valera, and the highly respected, enthusiastic and independent-minded editor of the Irish Press will be permitted to continue turning that newspaper into the distinguished organ to the great extent that it is now as opposed to the period when it used to be called by Deputy Dillon the “Pravda” of the Fianna Fáil Party.

The other point I want to mention is the question of the South African match. I think I am in order in referring to this subject as it has been specifically referred to by Deputy Moore and Deputy Dowling. Unlike many Deputies and unlike many people who took part in that particular protest I am an avid and enthusiastic rugby follower. I have, in fact, missed only two home internationals in the last ten years, each of them matches against the South Africans. I did this on a point of principle which demonstrates to me adequately if not to Deputy Moore and Deputy Dowling that the structure of apartheid in South Africa is the most bestial affront to human dignity since the liquidation of six million Jews during the last world war. To me it was a point of principle that I should not attend that match. On a point of principle I stood outside rather than go into that match.

Reference has been made about intimidating people and muzzling the Press. In regard to intimidation, as Deputy Cruise-O'Brien has pointed out, no intimidation of any kind whatsoever was conducted by the members of this party or the members of the Irish Anti-Apartheid Association. Subsequent violence took place outside a Dublin hotel in which no member of this party or this association had the smallest hand, act or part. The protest was a dignified and peaceful one. In fact it was an intensely moving one. The attempt made by members of the Anti-Apartheid Association, including myself, Deputy Browne and others, to request the Press to report this event in its correct context as a political event was nothing more or less than a request to the Press to share our point of view. It is completely different from the dictatorial ukase power which the Government are seeking under this section of the Bill. Some journalists shared our point of view, others did not. One ordinary typesetter on the Irish Times introduced the words “all white” in front of the words “South African Rugby Team” to the intense annoyance of the sports correspondent who subsequently withdrew this remark. There was no question of intimidation, it was simply a request that a racialist team should be reported as being a racialist team and not a team representative of the country whose name they pretended to carry. I walked on that march; I am proud of my part. I regard my part in it as in no way dictatorial. Some members of the Fianna Fáil Party, to their eternal credit, walked on that march too. One of them was Mr. Dermot Ryan then a member of the National Executive of the Fianna Fáil Party. Of course, Mr. Dermot Ryan is no longer a member of the National Executive.

Is he back again?

That is good.

If the Deputy's historical analysis is as accurate as that it is not so accurate.

Has he been rehabilitated?

(Cavan): His money is welcome anyway.

(Interruptions.)

I was going to say that Mr. Dermot Ryan felt strongly about the issue. He walked on the march and I admire him for it. In that particular period of his career Mr. Ryan, who is a friend of mine, I hope I can say, suffered from the unusual defect in the Fianna Fáil Party of having loved the Taoiseach in the words of Othello, "not wisely but too well", and accordingly his head rolled. I am delighted to hear his head is back on his shoulders and that he has been rehabilitated. All I am attempting to say is that the endeavours of the members of the Labour Party, Mr. Ryan and others not connected with the Labour Party, to bring moral pressure to bear on rugby followers and upon newspaper correspondents bears no resemblance whatsoever to the attempt being made by the Government to impose a forcible prohibition upon fair comment and fair reporting in the newspapers.

Speaking specifically to amendment No. 7, which seeks to liberate people who appear on radio or television or who write in newspapers from the strictures of this despicable Bill, may I say first of all that the allegation of class distinction as between someone speaking on television or writing in a newspaper and someone speaking on a street corner is completely unfair and unfounded. I do not believe that it is the intention of either Deputy Cooney or Deputy Fitzpatrick to make that distinction. If they had their way the entire section would be withdrawn and the distinction would correspondingly fall to the ground. None of us wish to bring back to politics one of the most despicable features of Irish politics in the period when we were under British rule, the notetaker, the police spy, who attended meetings in order to see if seditious or felonious remarks were made by individuals; yet this is what the Government seek to introduce here. All we seek to do is to exempt at least the vitally important mass media from the strictures in this particular section.

I had occasion before in this House on this Bill to quote the English philosopher John Stuart Mill in his famous and still undated essay on liberty in which he endeavoured to lay out certain criteria by which liberty should be preserved in a political community. He did this by a number of tests of one kind or another.

Debate adjourned.
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