asked the Minister for Justice if he is aware that a book entitled The Little Red School-book which was banned in Britain is currently on sale in Dublin; and if its continuing availability is in the public interest.
Ceisteanna—Questions. Oral Answers. - Availability of Publication.
39.
I have no function of any kind in this matter. There is no power vested in me or in any other person or body to prohibit the circulation of a publication on the grounds that it is not in the public interest.
The grounds on which the circulation of a publication may be prohibited are set out in the Censorship of Publications Act, 1946, but a decision as to whether a particular publication should be prohibited is a matter for the board, not for me. Moreover, any Deputy—or indeed any citizen—is entitled to make a complaint to the board about a particular publication.
Could the Minister state why the publication was banned in Britain? Did he inquire into that?
As I say, I have no function in regard to the matter at all, but without prejudice to that fact and out of courtesy to the Deputy, I understand that the publication in question was not banned in Britain and is on sale there.
Would the Minister say whether there is not legislation dealing with obscenity, seditious matters and various things of that kind over and above the Censorship of Publications legislation, and is it not open to the police to prosecute in certain cases, or has that been completely replaced by the Censorship of Publications legislation?
What would have been the relevant part of the old legislation on obscene publications, which would cover a situation such as this if the publication were to be regarded as obscene, was repealed in the 1929 Censorship of Publications legislation. That Act was the Obscene Publications Act of 1857. The powers of the Garda at the moment derive from section 19 of the Censorship of Publications Act, 1929, which provides for the search for and seizure of indecent pictures under warrant, and section 17 of the Censorship of Publications Act, 1946, which has a similar provision in relation to prohibited publications, but there is no power to seize publications merely because they are thought by the Garda or by any other person to be indecent in their content. That power was in the 1857 Act but it is now repealed.
Does the Minister appreciate that he may encourage a further rise in the sale of this book by what he is stating now?
On the contrary, if there is any danger of that surely it is caused by the Deputy putting down the question drawing attention to it.
There is no power to prosecute for obscenity any longer?
The remaining questions will appear on tomorrow's Order Paper.