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Dáil Éireann debate -
Wednesday, 26 Apr 1972

Vol. 260 No. 7

Adjournment Debate. - Garda Síochána Instructions.

Deputy Sherwin has given notice that he wishes to raise on the Adjournment the subject matter of Question No. 96 of 13th April, 1972.

I am thankful for the opportunity to raise this matter. Although a Parliamentary Question was asked on 13th April, 1972, we have not been able to raise the matter on the Adjournment until now. On 13th April Deputy Blaney asked the Minister for Justice whether, in relation to the troubles in the Six Counties, any significant change of instructions was issued to the Garda Síochána, including the Special Branch, during the past 12 months concerning their co-operation with opposite numbers in the Six Counties and in Britain.

In my view, and in the view of Deputy Blaney, this was a serious question and it should have been treated as such by the Minister. It surprised me to hear the answer given by the Minister—it was a blank "No". While the question related to the past 12 months, it was not apparent to many people that in 1969 and since that date when the troubles in the North have reached their present stage, the forces in the so-called Free State—this part of the country—would co-operate with the forces of the Six Counties and members of the Special Branch in England. There have been many examples recently where people have been very disturbed at pretty obvious instances where there has been this co-operation. In many cases it is said that people have been arrested in England following information the authorities there received from the Special Branch in this country. It is fair to ask if any recent significant change in instructions has been given to the Special Branch in relation to the so-called subversives in this part of the State.

This matter was raised at the recent Ard-Fheis of Aontacht Éireann and Deputy Blaney asked a question in this House. However, he was not in a position to ask for time on the Adjournment and, accordingly, today I asked that time be made available so that he might speak here tonight. I would ask the Chair to allow Deputy Blaney to speak on this subject.

Deputy Blaney.

I consider that the answer given by the Minister to my question on 13th April is not factual. As I understand it, changes have been indicated by way of instruction to the Garda during the past 12 months and in my opinion the changes indicated were of a significant nature. For that reason I consider the Minister may be in a position either to clarify what he regards as "significant" or to indicate that no instructions in relation to these matters have been issued to Garda during the past 12 months.

My reasons for asking that this be done are twofold. First, in 1969—I have said this before although it has been denied by others; however, I repeat it now—the instructions then authorised to be given were of such a nature as to be in complete contradiction to the attitude and behaviour and the obvious collaboration and co-operation which it is evident has existed for some time past between the Garda forces—when I speak about the gardaí I include the Special Branch —and their opposite numbers in the Six Counties and in Great Britain.

I have here two documents which, unless I can be convinced otherwise, I regard as authentic. These documents have been issued to the Garda during the past 12 months and they are evidence, if this is needed, that there is a different line being adopted today —as there has been during the past year—to that adopted two or three years ago.

One document is dated 7th July, 1971; it was issued from the headquarters, Crime Branch, Phoenix Park, Dublin, headed "confidential" and was addressed to each officer, inspector, detective-sergeant and station. It is further headed "Suspect Cars—Northern Ireland". The instruction is as follows:

Hereunder are details of motor vehicles being used by members of subversive organisations in Northern Ireland. In the event of any of these vehicles being observed in your division they should be stopped and searched and the occupants questioned.

It is signed by Chief Superintendent Donovan for the Deputy Commissioner. There follows a long list of numbers—I am not sure how many but there are two columns on each of two foolscap pages. I suggest that this instruction is contrary to the practice which may have obtained prior to that date, and certainly is contrary to what obtained a year before. This is a significant change and this is what I asked the Minister. However, it may not be regarded as such a significant change by the Minister or by the Garda Commissioner; that is a matter of opinion.

The second instruction came in August, 1971. I do not think there is much need specifically to pinpoint August, 1969, or August, 1971, in so far as the Six Counties and the troubles there are concerned. It was on the 9th of that month that the final, stupid blunder was made of introducing internment—the morning on which hundreds of innocent men were dragged from their homes. No evidence has since been produced to sustain any charges against these men. For days after the 9th August these men were missing, nobody knew where they were. Eventually the stories began to trickle through of the tortures to which they were subjected and the brutalities imposed on them by the authorities, not only by the Army but, more particularly, by the Special Branch of the RUC.

We all protested. The higher our station the louder was our protest and this was right. It is the atmosphere that obtained at the time that makes this second document absolutely alarming, alarming in that it was nine days after 9th August—on 18th August— that this beauty emerged from the headquarters in the Phoenix Park. It was headed "confidential", was addressed to each divisional officer inspector and was headed "IRA Activities". The document states:

Herewith facsimile of British police identity card (Detective Officer Political Branch). Should the bearer of one of these cards make himself known to you, verify his identity by comparison of his photograph and signature with that on the card. You are required to afford every assistance and full access to all documentation of IRA and other subversive groups

—whoever they are—

This directive cancels any previous instructions to you. To ensure that the highly-confidential instructions herein do not become known to unauthorised persons you are instructed to destroy this circular once the contents are noted.

That, again, is signed by Chief Superintendent Donovan for the Deputy Commissioner.

Is that a copy?

This is a document. What I want to say to the House is that it is staggering that such a document should ever have existed, should ever have been circulated, and whether the Minister or the House believe it or not, I should be very happy if it could be shown that such a document either never existed or was never circulated because in the circumstances at the time we are talking about, 18th August, it is against the background of our protestations against the inhuman treatment meted out by the same forces that we hear and read about, the political Special Branch. To think of our collaborating with these or to think of asking Irishmen in our own Garda to afford them facilities as requested in this document is something very hard to contemplate. I wish that this had not happened, that this document never did circulate. But because of the gravity and the nature of it and because I am not the only person with knowledge of the contents of these documents, I felt it necessary to bring the matter into the full light of day so that we may hear from the Minister what he may have to say on the matter and hear him explain the contradiction that appears to have emerged from his flat, bland "No" to my question a few days back when he was asked if significant changes in instructions had issued.

I feel this is necessary against the background of these documents. More particularly, if what is contained in the documents does not denote a significant change, are we to take it as a fact that what was contained in them in July and August, 1971, is merely a confirmation of what was happening prior to 1971? If this was so, I think the House is entitled to know when the significant change took place from September, 1969, when no such collaboration was sought from the Garda or the Special Branch under the jurisdiction of the Minister for Justice and the Commissioner.

These are the important aspects of the matter and I hope we can get some clarification from the Minister on them because they raise most disturbing aspects of the manner in which we would seem to treat fellow Irishmen seeking to do no more than those who went before and were responsible for the setting up of this establishment in which we are now deliberating on the business of the Twenty-six Counties.

I further say that it is absolutely scandalous that Irishmen in the Garda should be asked, no matter by what authority, to behave in this manner and to collaborate with the Special Branch in the Six Counties or in Britain to hound, harry and harrass those who have been the bulwark of the resistance movement in the Six Counties without which—let us have no illusions about it—there would have been a complete suppression long before today of the entire minority there who have been goaded by years of abuse and discrimination beyond endurance into setting out to show that they would not take it any longer. This aspect of the matter is of vital importance to the peace-keeping force of the Garda and is of very great importance, I am sure, to the present or any other Minister for Justice. It is an aspect that cannot be overlooked; it cannot be defended or given a colour that would make it respectable, to say the least of it.

These, very briefly, are my reasons for raising this rather ugly matter tonight. I should be only too happy if through what the Minister may have to contribute he can dispel from my mind and the minds of others completely and fully, if possible, any credence that could attach to what I have been saying.

The matters that seem to have been primarily referred to her tonight relate to two documents or alleged documents. It is being alleged that these documents purport to relate in some way to co-operation between the Garda Síochána and other police forces. The documents to which reference has been made are, first, a confidential Garda Síochána circular of 7th July, 1971, detailing the registration numbers and makes of vehicles being used by subversive elements and organisations in the Six Counties. This is an internal Garda Síochána communication which was stolen. It is marked "Confidential" and as such its contents are subject to the Official Secrets Act and the communication of certain of its contents publicly by people who came into possession of it is a matter that is being considered by the Garda and by the law officers at present. I understand it was stolen in County Cork and was discovered in a premises in Cork city along with a lot of other property which may also be the subject of a prosecution.

It is as well to refer again, now that it has been raised in the House, to what this document says. It is headed: "Suspect Cars: Northern Ireland" and it goes on to say:

Herewith are details of motor vehicles being used by members of subversive organisations in Northern Ireland. In the event of any of these vehicles being observed in your division they should be stopped and searched and the occuptants questioned.

As Deputy Blaney said, a very long list of vehicles then follows. I do not know how many, I would say approaching one hundred, with the numbers and the makes and colours of the various vehicles. How it can be alleged from this that this information was received from another police force I do not know. There is nothing on the face of the document nor is there anything implied in the document that would suggest this. The crime branch of the Garda Síochána, as part of their duties, have to try to find out the numbers and makes of cars used by people who are likely to engage in serious crime. They do that and all credit to them. I can say that they do it very successfully. The fact that the Crime Branch find out these numbers is not much use to the force as a whole, and the country as a whole, unless they communicate this information to each division and in accordance with their duty they did communicate it to each division.

I made the inquiry as to what sort of organisations these cars belong or the members of such organisations to which they belonged and I was told by the gardaí that the bulk of them belong to members of two subversive organisations, both of which have been noted for carrying out many crimes in both parts of the country. One describes itself as the IRA and the other describes itself as the UVF. The gardaí tell me that the bulk of the cars listed here belong to members of these organisations.

Deputy Blaney referred to a second document which he said was dated 18th August, 1971 and which he alleges to be a Garda Síochána circular issued from headquarters and allegedly signed by Chief Superintendent Donovan, as he then was. Newspaper reports at the time of a speech made at the Aontacht Éireann Ard-Fheis on the 8th and 9th April, 1972, by a Miss Ní Scolláin referred to quotations allegedly made by her from this alleged circular which she said was sent to the Force by the Garda authorities on the 16th August, 1971 I do not know why the date of the alleged document has changed between the Aontacht Éireann Ard-Fheis some weeks ago and tonight but in any event it has changed. However, that is not altogether surprising because, of course, no such circular was issued by the Garda authorities and the alleged document referred to then and referred to again tonight, if such a document exists at all, is a forgery. I have had some experience of reading Garda documents of all types and kinds, indeed, many thousands of them probably over the last two years. I could tell straight away, without even having to check it with the Garda, that this alleged document was certainly a forgery because no police officer ever wrote a circular to the members of the Force in either the terms alleged by Miss Ní Scolláin on the 9th April, 1972, as reported in full in the Irish Independent of 10th April, and as reported similarly in the other newspapers of the 10th April, or as allegedly quoted tonight by Deputy Blaney. While in fairness I should say that the substance of what Deputy Blaney quoted tonight is much the same as the substance of what Miss Ní Scolláin purported to quote on 9th April, there are several significant differences, as comparison with the newspapers concerned will show. In any event, on either version of it and more particularly so on Deputy Blaney's version of it, it is very, very clear on the face of it that no such document ever issued from any Garda officer in this country. Naturally, to make assurances doubly sure, I went through what I regarded as the formality of inquiring from the Commissioner and his senior officers whether, in fact, such a document of, as I then thought, the 16th August but it now appears it is the 18th August, ever issued or was signed by Chief Superintendent Donovan or any other officer and I was assured beyond any doubt that no such document issued at all. If a senior Garda officer or any other responsible or reasonably intelligent person wanted to ensure that information would not be conveyed to unauthorised people he would not write it down in a circular to be sent all over the country and then ask the recipients to destroy it. He would, of course, convey that verbally. The thing is a bit laughable.

As far as co-operation with other police forces in general is concerned the Garda Síochána, like the police force of every civilised country in the world, co-operates with other police forces to the best of its ability to try to curb the activities of criminals. It is usual, where it is clear that a particular crime has a political motivation, to give special consideration to the degree of assistance that would be given as between any one police force and another in those circumstances but, as I pointed out already in the House on 17th February last, while as a general rule co-operation in matters that are obviously political might be refused the particular circumstances of each case must be looked into.

There is in existence, as I am sure Deputies are aware, an international organisation called Interpol which helps to co-ordinate co-operation between police forces in most civilised countries for the assistance and help of one another and for the stamping out of crime of a serious nature and of an international character. I think it would be deplorable to suggest that our force here, the Garda Síochána force of which we can be justly proud, should not co-operate with other forces in other parts of the world in appropriate circumstances. They do that. There has been no change in instructions given by me within the last twelve months or, indeed, at any time since I became Minister and the Commissioner of the Garda Síochána assures me that he has not, within the last twelve months, issued any change of instructions about the sort of co-operation that should be given to other police forces. Therefore, I am afraid there is, in fact, no substance whatever in the rather colourful and over-dramatic suggestions and allegations made here tonight by Deputy Blaney.

The Dáil adjourned at 11 p.m. until 10.30 a.m. on Thursday, 27th April, 1972.

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