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Dáil Éireann debate -
Thursday, 21 Feb 1974

Vol. 270 No. 8

Committee on Finance. - Vote 20: Office of the Minister for Justice (Resumed).

Debate resumed on the following motion.
That a supplementary sum not exceeding £10 be granted to defray the charge which will come in course of payment during the year ending on the 31st day of March, 1974, for the salaries and expenses of the Office of the Minister for Justice, and of certain other services administered by that Office, including a grant-in-aid; and of the Public Record Office, and of the Keeper of State Papers and for the purchase of historical documents, etc.
—(Minister for Justice)

Last week I was speaking on developments in prisons. I am glad to see that renovations and the provision of new prisons are proceeding at a rapid rate.

On the 15th November, 1972 the present Minister for Justice asked Deputy Desmond O'Malley, the then Minister for Justice, whether he intended to implement the recommendations of the report of the Committee on Court Practice and Procedure regarding the extension of on-the-spot fines and, if so, when. According to the Minister's speech on this Estimate many of those recommendations are before him and legislation will be prepared in due course. Perhaps the Minister will say whether there are certain specific recommendations which he can introduce such as on-the-spot fines. Perhaps he feels he does not want to introduce reforms in a haphazard manner but this is something which is of interest to us.

Last week I spoke for about 1¼ hours and I do not want to take up too much of the time of the House. I referred to the need for certain types of cases to be heard in camera if that was possible. I cited the example of unfortunate persons who could not pay their rates, did not qualify for a waiver and lived in terror of being brought before the court. There must be hundreds of similar types of cases, for example, maintenance orders. Family cases should be heard in chambers out of the public eye. I would be very interested to hear the Minister's comments on this. It is very important and something we may have tended to overlook. There are cases of deserted wives who will not take action against their husbands simply because they would feel disgraced going before a court. If such cases could be heard in camera I believe that greater justice would be seen to be done. I hope the Minister will look into this. Something that disturbs me very much at present is the number of people who are having nightmares about how they are to pay their rates. When it is suggested to such people: “If you have not got the money you cannot pay and if you go to court the judge cannot make you pay what you have not got; the day of taking people's furniture out of their houses if they do not have the financial resources to pay their rates is gone; people do not do that any more” they still have this terrible terror of going before a public court. There is a tremendous need to move fairly quickly to have certain cases of that nature dealt with. They are not criminal cases in my view and should not be regarded as such.

The final point I want to make is in relation to the appointment of a public prosecutor which was referred to. I do not know how soon this legislation will come before the House but one of the things I would ask the Minister to bear in mind is that the appointment of the public prosecutor should be seen to be an impartial one. This man should be appointed by the Civil Service Commission and should be a senior counsel with at least five years experience at the Bar in that capacity. If, as the Minister has already stated, the intention is to remove the patronage, as it were, from the appointment of barristers, then the best way for this to be seen to be done in a fair manner would be for the Civil Service Commission to appoint the man after an interview. I reiterate that point—that it should be a senior counsel with at least five years experience. I cannot speak for my party—I am not the spokesman on Justice—but I believe that that would probably go a long way towards satisfying anyone's fears that this was going to be a political appointment and particularly if—as I have heard it said—this was going to be a life appointment, that would at least help to allay any concern.

I should like to finish, as I began, by congratulating the Minister on his excellent brief. It was extremely helpful and useful and it did show the extensive range of his Department's activities. I was pleased because he dealt extensively in it with a field that is very near and dear to me, that is, the field of youth work and the added interest which has been taken in it by the Department over the last few years.

I shall not detain the House very long. First of all, I should like to compliment the Minister on the wonderful brief he put before us. He dealt in detail with many aspects of his Department's work and the contribution I shall make is in relation to a few matters which could be corrected at the moment by the Department of Justice. There are certain things happening in this country at the moment about which I am very unhappy. The first thing I would mention are these house detectives or whatever they may be called, in the supermarkets. I think these house detectives have adopted their own bully boys. I know from personal experience that there have been cases of unfortunate mothers who happened to run out of the shop because their child had run out and they could not watch him or her while they selected something from the shelf. The next thing was they were hauled in before these super-detectives and intimidated for long periods.

At the moment, in every Garda station, the Department of Justice— and rightly so—have a notice on the wall explaining to persons about to be charged that they have certain rights. The Minister should go a step further and put a notice with regard to this question of rights in every supermarket and in every store where you have these house or super-crime detectives, where these unfortunate— and, perhaps, in 85 per cent of the cases, innocent—people are hauled up before them. It is unfortunate at the moment that some of these people are hauled in—and I know some of those people who were quite innocent; who came from very respectable families —just because they are unable to look after a child for five or ten minutes when they are taking something from the shelf. The fact that the child runs out of the shop means that the parent has to run out after it. In a case like this there is a lack of common sense being shown in these stores at the moment. I have no intention of naming these stores in the House; I do not think it would be fair to them. But the very fact that I mention it should give notice to the directors of these companies that there is general public concern, in all cities and large towns about the way these super-bully boys, these house detectives, are operating. I would again ask the Minister if it is not possible for him to insist that the rights of a person be displayed in the office where the unfortunate, or innocent, person is sometimes hauled before these super-detectives.

There is a second point I should like to make to the Minister. We have new squad cars on the road. I am sure these are there primarily for the control of traffic, for detecting faults in cars and for law breakers. However, I think some of these gardaí are over-zealous in the course of their duties. It is ridiculous in this day and age to be hauling an unfortunate farmer or a commercial traveller before the courts just because there may be a tiny bit of mud on his number plate. For an innocent person, who has been a law-abiding citizen all his life but who, for some reason or other, did not see the piece of mud on his number plate, to be hauled into court, to have to employ a solicitor, to have his name in the paper—that Johnny Moriarty from some part of Ireland had an obscured number plate—is ridiculous. Some of these over-zealous gardaí should take a dose of cop-on tablets.

There is another case where in the course of a journey and unknown to the motorist the rear light or the number plate light may blow. The next thing that happens is that that man is hauled before the courts just because the light was not working. I would put it to the Minister, as a layman—not a solicitor's point of view— that the way to get over this particular difficulty would be to adopt the method used in another instance; for example, if a person has not his tax or insurance when he is pulled up by gardaí he gets a fortnight or ten days to appear at the local Garda station with his tax and insurance and, when he does so, there is no prosecution. I would urge the Minister to have the same method adopted with an unfortunate man, or woman, who is caught with a dirty number plate or a brake light missing—that if they took their car to the Garda station within the following week or ten days with those faults corrected there should be no prosecution. There is a tremendous amount of goodwill for the Garda Síochána but, if we want to build up that goodwill further, I do not think these petty little summonses help. Perhaps the Minister will think that this lay point of view is not 100 per cent but I think it would be a very easy way out of it.

The third point I should like to make is with regard to the question of Garda patrols in tourist resorts in the summer season where there is a vast influx of visitors. Unfortunately, the resorts would be better off without some of those visitors. But, I suppose, in every walk of life the crowd follows the crowd and there are bound to be a few bad pennies in every crowd. But, during the tourist season, the Minister should have some contingency plan to ensure that there would be extra gardaí on patrol duty, not driving around in squad cars, but on foot patrol duty in these resorts. An awful lot of malicious damage is done in the dark of night by these undesirable people who roam the different resorts in bands, who intimidate and sometimes assault people grievously without reason. I am sure the Minister knows what I am talking about; probably he has received complaints from other Deputies in this regard. But I should be very glad if he could, in the summer season, see his way to putting extra gardaí on foot patrol in the tourist resorts.

I should like to refer to rural stations. In Dingle the station closes at 6 o'clock at night. We are 31 miles from Tralee. Ballyferriter is 12 miles further back, 43 miles from Tralee. There is no telephone service in the Garda station at night. That is a retrograde step so far as the policing of the area is concerned. It should be possible to get in touch with the police at any time day or night, especially in the peninsula of west Kerry. I do not know if the same situation applies in the rest of the country because I am not an authority on the subject.

If a person wants to send a message to the Garda station after 6 p.m., he must ring the post office. The post office people will get a member of their family to go to the local sergeant and tell him that he is required. In this day and age that is not good enough. A place like Dingle appears to be ripe for crime. All a criminal would need are gloves, pliers and a torch. He could do what he liked because it would be impossible to get in touch with the gardaí for hours. The Minister is not responsible for this situation. Whoever brought in this streamlining of Garda stations did not know his onions so far as west Kerry is concerned. The people of west Kerry are law-abiding but it is possible, especially in the summer months, that potential criminals could be roaming the county. As there is no way of contacting the Garda station, the area is wide open for them.

There is undue delay in the mapping section of the Department of Justice. People have been waiting five or six months for maps. Can the Minister do anything about that? I am sure that every Deputy here gets letters from solicitors or constituents almost every day asking him to expedite the issuing of the maps. Perhaps the Minister in his wisdom will do something about the staffing of that section in order to make it more efficient. I do not know how long the waiting list in that office is, but I am sure the people there are doing their best. It is unfortunate that Deputies have to deal with such queries.

I am glad to have had the opportunity of expressing my views on these points. I hope the Minister will take notice of them. Policing an area is a matter of concern to all law-abiding citizens. In my area we are worried, as I have said, because it is impossible to contact the Garda during the night. This situation has gone on too long. I hope the Minister will give me a clear statement on it in his reply. A night telephone should be connected to the station and to the homes of the superintendent or sergeant so that they can be contacted immediately, even when they are off duty.

I compliment the Minister on his report. It is refreshing to note that, as Minister for Justice, he went to the trouble of visiting all the prisons in order to obtain first-hand knowledge of what is happening. We have read from time to time that all is not well in our prisons. It is enlightening to hear that the Minister took his courage in his hands and went there and met prison officers, governors and prisoners. That is a step in the right direction. I am pleased that he plans educational facilities for these prisoners. So far as his remarks on children are concerned, we should spend some time considering them.

The Minister should take steps to ensure that lawabiding citizens will not be intimidated when shopping in supermarkets and large stores. Approximately 85 per cent of people accused of shoplifting are innocent. Steps should be taken to ensure that the notice on the rights of the individual which appears in Garda stations will be displayed in a prominent position on the walls of these supermarkets. I am deliberately labouring this point because some of my best friends have been hauled in and accused wrongly by a nonentity of a store detective. This detective apologised after three hours when the Garda refused to prosecute. This type of intimidation must be stopped. The Minister should do something about it. It can be said that these people are within their rights to summon the detective for wrongful arrest. These people are mainly women. Some of them are in the age group of 60 to 70 years. They have no intention of going into court because it would cause undue stress in the family. I know of a case where an innocent person, subjected to such treatment, has lost her nerve.

The Minister has been very active since he took office ten months ago. When he completes his term of office, our prisons will be reformed and, we hope, educational facilities for prisoners will be vastly improved.

I take this opportunity of wishing the Minister well in the frightful task which lies before him. Anybody who believes in democracy will give him all the help possible so that he can protect the weaker sections from the stronger and more violent sections of the community.

The Minister has covered very good points in his brief. There are certain aspects of the record for the last year with which I am not very happy. The Government propose to appoint a Director of Public Prosecutions and come to the aid of FLAC—the Free Legal Advice Centre. These people are doing such wonderful work that they deserve all the help we can give them. I hope that the grant which is being given to them will be sufficient not alone to maintain their present service but to expand it.

An incident which worried me a great deal took place two months ago. Before going into detail on this I should like to state that we always thought that justice must not alone be done but be seen to be done. The incident I wish to refer to occurred in County Donegal. A number of men were arrested there and it was specifically stated by several people that they were arrested so as to create a good impression to help a certain politician in the North. With the exception of one man all those arrested were released the following day, something which suggests that in this exercise there was a grain of truth in the allegation that we were not so much seeking to apprehend wrongdoors but that we were trying to safeguard a politician in the North from the wrath of his own party.

Every politician in the democratic world has trouble within his ranks at some time but one could imagine what would happen if we were to continue this sort of practice. It would be a terrible situation if in order to save somebody in public life a guard would act in this way and arrest people not as an exercise in justice but as an exercise in politicking. The guards were being used, therefore, not for the sake of justice but for some queer cynical and political exercise. It reminded me too much of George Orwell's book, 1984, where he predicts that “Big Brother” will arrive by that time. Big Brother, being the State, will decide that anything goes if we are going to perpetuate the Establishment.

This is wrong and the exercise of arresting these men has driven a lot more people to sympathise with what we call the subversives. It has also caused us to stop, to think and to remark that it is possible that all the claims these people are making are not false. I hate to see our very fine Garda force being used in such an exercise. The Garda force, since their establishment and down the years, have portrayed an image of efficiency and fair play. I would hate to see anything happening that would tarnish that reputation. Very few people today would help to bolster the Establishment if it were to indulge in exercises such as this.

The Minister should take steps to to ensure that this will not happen again. If the Garda have suspicions that certain people are engaged in subversive activities the legislation is there to apprehend these people. Fifteen people should not be hauled in merely for the sake of making the path easier for a Northern politician when he faces the wrath of his party. What happened was a cynical exercise and one that should not be repeated no matter what effect it is to have on the North.

Police forces, indeed, the whole form of Government, are under attack not alone in Ireland but all over the world because our society has changed so much. It is a strange fact that the more affluent we become the more dissident we become. As we get wealthier the crime rate gets bigger. The Minister's figures in relation to crime are alarming. He told us that while the figures rose last year over the previous year they were not as high as in previous years. The Minister suggested that because the detection rate in London is lower than ours we should not become complacent. It should be remembered that London has a population of almost ten million people and that the society there is almost completely materialistic. Therefore, without adopting a holier than thou attitude, I suggest there is no comparison between London and our State. We have only one-third of the population of London in this State and, generally, our people think differently from those residing in London. Therefore, we must be alarmed by the crime rate.

I am not referring to the individual who is apprehended for stealing an apple or a packet of cigarettes but there are people in the city who are making money out of crime. Very often these people are not apprehended. When people are being sentenced for crimes we should take into account their background. It sometimes happens that society has offended against such people by the very fact that society did not give them a chance. I am not suggesting that all law breakers come from one section of our society. We occasionally have the big-time operator, who has, perhaps, defrauded his wealthy company and has had all the advantages that society can offer, breaking the law. The fact is that as human beings we err occasionally and come into contact with the law and are punished accordingly.

I am aware of the work of the Garda crime squad and the methods they use in detecting crime. These men must work in ways which cannot be publicised. However, I wonder if we have sufficient gardaí in this city which will soon have one million people so that we can meet the challenges which our society will face in a short time. If we continue to accept that the anglo-American society, and its standards, are correct we must face the fact that the crime rate there results from the fact that the old laws have been overthrown. The new morality, that might is right or that money can buy anything, will give us a legacy of crime which will continue to increase. People who cry for more liberty in every aspect of their life must face the fact that they will have the problems which English and American societies have.

The great crime rates in the world are in the developed societies. We have to face the fact as we change our laois and as we try to ape the Americans we are going to have a crime rate as great as theirs in proportion to their population. Some future Minister will point out that respect for the law is dying out and people are not co-operating with the police force. In England there is a complete reversal of what used to be the solid English character whereby people always co-operated with the local constable. Because of this change they have a crime rate in England which will not improve unless there is a change in the attitude to morality and life in general.

I have watched the Minister since his appointment, and his attitude in regard to the prison services generally. I accept that he is trying hard to improve the whole prison service. With Deputy Andrews I visited prisons in the city. Having read about and seen demonstrations about the allegedly frightful conditions I was pleasantly surprised when I visited St. Patrick's and Mountjoy. A prisoner in either institution is assured of food, clothing and lodging. These items are the right of any man but they are guaranteed to a prisoner although he may not thank us for them. I walked every inch of Mountjoy prison and I saw what is being done. I met the officials of the prison and I wish to pay tribute to them for the valuable work they are doing. Having accepted the fact that we must have prisons, an effort is being made to have the highest possible standards. Mountjoy prison is very old but when I asked a qualified person if he would make changes if he were designing a prison he replied he would make very minor ones. The radial complex at Mountjoy is thought to be the most suitable.

I was disappointed with the educational facilities offered. I should like to pay trbiute to the City of Dublin Vocational Education Committee and to the Minister for their work, but we have much to do in this connection. We should ensure that enough money is provided so that young people in particular can be given the best possible educational facilities. We must remember that the vast majority of prisoners have been denied educational opportunity in the free society. If a person does wrong he must be punished but we should ensure that on his release from prison he is better educated. Lack of education is at the bottom of many of our ills. Any money spent on extending the educational facilities in Mountjoy will repay society a thousand-fold, apart from helping the prisoners.

In the last few years our prison service has been the target of subversive elements in our society. It is easy to see their intention; if they could wreck the prison service this would be the key to bringing about the downfall of a democratic society as we know it. We must try continally to improve the prison service but I am convinced that it is as good as we can make it at the moment and I am not complacent when I make that remark. This is known even to the subversive elements who parade around this country as well as elsewhere. The objective of the most violent subversive groups is to bring down the prison service. If we have not a place in which to put people who break the law it is easy to imagine the type of society in which we would live.

These subversive groups do not attack the State on financial or social issues but they try to show that the prison service is very bad. Irish people in particular are concerned, perhaps they are even a little soft, about anyone who loses his liberty and is put in prison. This may not be a bad trait because it shows we are concerned about our fellow-men. The Department of Justice must tell the people what they are doing to improve the prison service, especially with regard to educational facilities. This is a matter of the greatest importance. We must show that democracy, despite all its drawbacks, is the best system. Some of the subversive elements may try to import a kind of Marxist doctrine here without mentioning the kind of prisons in the country where the Marxist-Leninist doctrine prevails. Our prisons are humane but are in need of improvement all the time.

We do not want to provide bigger prisons; we hope they will never be necessary, but recently certain disturbing things have happened. The other day a young boy was charged with a dreadful crime against an old person but he could not be sent to a home because there was no place for him. The boy was very young and with treatment he might have become a good citizen. None of us was very mature at 15 years. We come back to the educational facilities available. The boy I have mentioned has probably left school; he will probably drift around for a while until eventually he is tried and possibly sent away. This young person should be examined by a psychiatrist or a doctor who would examine his background. He should not be allowed to roam the streets and get into more trouble.

I should like to pay tribute to the welfare officers, the prison officials and the visiting committees. The latter group are not paid but they spend a considerable amount of time carrying out their work. With goodwill we can ensure that our prison service will be second to none. The reason I place emphasis on the prison service is that last year or the year before there was an attempt by subversive elements to disrupt the service. We all know what happened in the various prisons. This would have been the coup de grâce to bring down the democratic system, a short cut to anarchy. It did not succeed and I do not believe it will ever succeed. At the same time we must ensure that our actions are not spiteful or penal but are taken in the interests both of the people who do not break the law and those who break the law. We should seek to reform those in prison and ensure that our prison service is second to none. We must ensure that if people are making money from crime they will be put in prison— not the poor devil who steals a loaf or a packet of cigarettes. We must get the “bigtimers” who make money out of vice. I should like to pay tribute to the Garda vice squad for the work they are doing in this city.

I mentioned the appointment of the public prosecutor. I hope that when he is being appointed the Government will ensure that he is the best man for the job, and that he will not be appointed because of his political affiliations. We owe it to the country to ensure that legal appointments are not made because of political motivations. I am not suggesting that if a man has strong political affiliations, that should be held against him. Legal appointments should be made on the basis of ability in legal matters. We would sleep more soundly at night if we believed in our hearts and souls that the very best men were being appointed to the jobs, irrespective of political or lack of political affiliations. In some of their appointments the previous Government showed that this was the right practice to adopt. They set a pattern which I hope the present Government will follow.

Deputy Begley, the Parliamentary Secretary, mentioned prosecutions for not having a tail-light on a car and that type of thing. In Dublin to a great extent the Garda are not so concerned with traffic matters since the traffic wardens were appointed. If you are driving at night on any of our suburban roads or streets you will find cars parked dangerously at corners. If you tell the owners that they cannot park there they tell you it is after 6 o'clock, whatever that means, as if it were a magical hour after which motorists can do what they like to a great extent. I am not criticising the Garda on this point. I know they have a lot of work to do nowadays.

The traffic wardens are doing a very good job in some cases. Theirs is not a very popular job. With the number of cars on our roads increasing by something like 7 per cent per year, we must tackle the traffic problems, particularly in the city. We will be spending millions of pounds on roads in the next few years. Many traffic surveys have been carried out. Perhaps somebody will suddenly discover that our traffic regulations are bad and that they are causing congestion on the roads. The cry is for new roads. If we had more thinking on traffic matters we might save a lot of trouble and prevent accidents. I have never seen a garda chasing a person because he had no tail-light on his car.

There is another matter which does not come directly under the Department of Justice but which should be examined. I understand there are many young people driving in the city without insurance because they cannot get insurance at a reasonable rate. I presume their cars are not taxed either. This is terribly wrong. One can imagine the trouble caused to a person who is involved in a serious accident if the car is not insured. The Minister for Justice in conjunction with the Minister for Industry and Commerce should examine this aspect of car insurance for young people and people who are not so young.

In this city a 40 per cent loading charge is added. When I queried this I was told that accidents are more common in Dublin than elsewhere and therefore an extra 40 per cent is charged. To my mind this is wrong. Accidents may well be more common in Dublin but there are many drivers in the city who never had an accident. They are being deprived of any remission on their policy simply because somebody decided that there are more accidents in Dublin than elsewhere. You might as well say there is more crime in Dublin—which there probably is—and therefore we should impose extra tax on Dubliners. The Minister should inquire into how many cars are being driven in the city without insurance. He should then get in touch with his colleague, the Minister for Industry and Commerce to hammer out a proper insurance scheme for young people and for the not-so-young. I am sure the Minister will say he has plenty on his plate without taking on another Minister's job but, strictly speaking, it is his job also. These people are driving without insurance and, therefore, they are breaking the law.

The Parliamentary Secretary also referred to security men in supermarkets. I have no experience of what he said but I accept that it is true if he says it. There has been a tremendous growth in security services in the past few years because we could not ensure that the State police force could take on all these jobs and give results. I am not terribly enamoured of security forces. In many cases they are doing a dangerous job but I wonder is it not the State's job. It may be said that we could never have a police force large enough to take on all the jobs.

What we are seeing is a phenomenon of the 20th century: private police forces. With the trouble in the North they have to be employed in certain buildings to prevent people from placing bombs and, perhaps, they have saved some lives. I have never known them to abuse their position but the Government should examine the whole set-up of peace-keeping forces. We have the Garda and the Army. Now we have traffic wardens. These private security forces should be examined. I am not condemning them in the least. They are doing a good job in some ways. We have now accepted the principle that uniformed men can carry out certain duties. The Government must decide where this is to stop and whether they should set up comprehensive crime prevention units in which these people would have a place.

The Parliamentary Secretary talked about people who are accused of shoplifting. I understand that shoplifting is a very big problem especially in the city. Again, who should deal with it? The forces of the State appointed by a democratically-elected Government or some private concern who set out not so much to preserve or protect property as to get a financial dividend? I have some qualms as to whether we should have a force motivated not with a desire for the common good but as a business enterprise giving a service. The Government must now examine the spread of these organisations and what their duties actually are, and how they can be absorbed or involved in our own crime prevention organisations. In every city in the world now you see these men. They are a product of the 20th century which, at times, seems to be going crazy. I suppose all through history there have been these phases, although they were not as sophisticated as they are today. We must ensure that the State will offer the greatest possible protection to all citizens. Therefore, I would not condemn these private bodies; we should examine the position, see what power they should have, if any, and try to make sure these powers are used for the prevention of crime rather than its detection.

We often hear the cry today: "Protect youth". I wonder if the State is doing all it possibly can to ensure that by the use of our instruments of democracy we are ensuring that our youth is not being perverted by alien influences, deliberately or otherwise. I refer to censorship of books and films. I know that the film censor has been criticised for allowing some pictures through but one must sympathise with him. He may ban a picture from being shown in, say, a Dublin cinema but how often when one goes home and switches on television does one see a programme which borders on the erotic? While the censor can penalise the cinema owner there is no way of keeping out a foreign channel if we wanted to do so. In future, under the policy of the Department of Posts and Telegraphs, when we share the British stations, we shall have an extension of this problem. The Government cannot stop it unless we ignore democratic procedures. If somebody wants to watch a foreign channel there is no power to stop him —I do not suggest we want to stop him. Therefore, we shall have some of this evil propaganda coming into the privacy of the home. We certainly would not tolerate the idea of having a police force that would try to watch, as "Big Brother" watches, what is on the television screen.

What can we do? We can educate our youth to put this imported material in its proper place. We are one of the oldest of western civilisations and we are not going to succumb to the influence of the material turned out by film and television studios or publishers. Some time ago we had a shop which was selling erotic reading matter. I questioned the owner and pointed out that these books which were erotic were beside children's books. I drew her attention to this and she said: "Do not worry; it is all mature men who buy these books," meaning the erotic books. I wonder how mature they were. This person for sheer profit was selling these books. If under the centorship laws I wanted to get these books banned I should have to buy three successive copies of the book and send them to the censor. I am told those who make money out of pornography do not issue three successive copies but bring out one publication on which a big amount of money is made. When that is sold out they do not repeat it but take something else, out of which they make more money. If somebody had the time and mind to follow up these things and tried to buy three successive copies he could not do so. The view is, I am told, that if you produce one of these pornographic books that is all right if you do not repeat it but these publishers are producing one book under a certain name and then the next will have a different address and perhaps a different publisher's name and, of course, a different title. They can produce possibly 50 of these in a year and make a great amount of money and do frightful damage to young people.

I realise the difficulty facing any Minister trying to curb this pornographic penetration. I suggest, however, that he has some power over the written matter even if he cannot control television. A television programme may last an hour or so and life changes so rapidly now that one may forget that programme after a week but printed matter is lying around all the time, being passed from hand to hand and is much more dangerous and insidious. When I see young people in trouble and being taken away when they have done something wrong and "disgraced the family" I often think that it is not the youngster or his family who should be in the dock but the person who wrote the pornographic matter and influenced the young wrongdoer and made a profit from it.

The Minister might well look at the censorship laws. Censorship is regarded, perhaps, as old-fashioned until one realises that we are paying for this attitude in crime and wrongdoing. In this country we still have an opportunity of showing that you can have a good society without pandering to the demands of people who want to have a "way-out" society. If it suits them they can always start an agitation and build it up to suggest that some small problem is really a great problem. We cannot alter the law to give more of what is called freedom and continue doing this without paying some price. If we examine other societies we find that they gave in to these demands in the interests of personal liberty and now face terrible problems. This is so much the case in Britain that they have to introduce legislation to try to curb the growth of crime and vice and pornography. I am told this measure will be tougher than anything we have had here. I hope to get a copy of this legislation. If, in sheer desperation, they are trying to remedy some of the ills of their society and correct some of the frightful exploitation of youth by money-mad speculators in pornography, should we not take stock here and see what we can do to try to save young minds, particularly, from this onslaught of vice and crime? There is no use blaming them or putting them in prison when they commit crime.

This year the Department of Justice will spend £34 million. I hope that at least half that sum will go on crime prevention rather than detection. Some of the stress in the North must overflow into the South. People should realise that that will eventually pass and peace will come to the North and to the South as well. People on both sides in the North have done wrong. The fact that hundreds of people have been killed shows how terribly wrong they have been. When the trouble in the North is over I believe we will face in this part of the country as big problems as they have in the North, although they may be on a different scale. It will get harder and harder for any Government to rule in an equitable and honest way. Therefore, we have got to examine where our society is going and what we can do to prevent crime. We must also perfect our means of detecting crime.

In the most affluent parts of the world today they have to fight crime and they have got to examine why people commit crime. It may be that the Ten Commandments are considered a bit out of date but what a wonderful world we would have if they were not so out of date. I feel that soon society in general will look at crime and realise that adherence to the principles laid down in the Ten Commandments is the solution to all our ills.

We have no racial problems in this part of the country because, apart from anything else, we have a small and not a very cosmopolitan population. Nevertheless, we have got problems which face the more sophisticated societies of the world. Generally speaking, we are approaching our problems in the right way, but I do not think we are approaching them speedily enough or putting enough effort into solving them. We are inclined to suggest that some of the things that happen in other parts of the world could not happen here. We are adopting the Anglo-American type of society. We are inclined to accept the things that happen without question. It is our duty to question what is happening.

We should try to educate our youth not to accept without question everything in books and films from abroad. They have no greater merits than the books written here or the films made here. They should examine the principles enunciated in these films and books. It is our duty to ensure that our youth are given the education they deserve because if we try to save on this type of thing we will pay very dearly afterwards.

We should not put all our emphasis on youth. Some of our old people are having a rough time in some of our housing estates. I am not suggesting that this is new because when we were all young we sometimes jeered at old people. However, because we are living in a different type of society today our old people are getting it rather rough. While most emphasis is put on youth problems the Minister might, in co-operation with the Garda and the various voluntary bodies who do great work with the old people, look at the problems facing old people in our society. It is not so bad in our rural society because we have not the concentration of old people we have in the city. The Minister should ensure that the various voluntary bodies who work with old people have the full backing of the State so that those old people will be given full protection.

Recently we saw in the paper where a person of 84 was brutally attacked. We may well ask ourselves what type of society we are living in. That is an isolated case but I feel that today life has changed so greatly in the social sphere that the old people may be the first to suffer. The Minister should set up a section in his Department to examine the problems of old people. He should seek advice on the housing of old people. When one is preparing a housing scheme for old people it is not always easy to put them into a built-up area because it means they will have a noise problem and we cannot isolate them.

I came across a case recently where windows were broken in old people's flats by a person who was caught and was said to be a drug addict. I doubt that because I noticed that the three windows he smashed were the windows of flats occupied by old women. He did not smash any windows of flats occupied by men. Sometimes we come across people who are not normal human beings, who suffer from certain defects but glory in this and get sympathy from people.

I do not suggest that the problem of the aged in Dublin is very great. Indeed, it is a proud boast of Dublin that when we had the old tenements nobody died alone because there was always somebody near. Society has changed and sometimes our old people are stranded in houses away from their friends. Their problems are much greater than they were years ago. I do not believe they are as happy as they were when they were in the old tenements. Old people are weak and cannot look after themselves very well. We have some dedicated gardaí who try to look after those old people and see that they are not disturbed at night. The officials in the Department of Justice, from the top to the lowest on the ladder, are dedicated to making our society a better one but I do not know if they have the facilities to do this. We may be skimping on the money we give them but if we skimp on money for this Department we will reap a harvest later which will cost us a lot more money to try to heal the damage done to the fabric of our society. It is bad economics to skimp on money for this Department. We should ensure, if the Minister for Justice requires more money to run his Department, that he gets it. While we on this side of the House may criticise the Government for spending too much sometimes— this is natural for an Opposition Party —we will ensure that the Government will allocate the moneys they are spending to the Departments which need it most. The Department of Justice needs all the money it can get because we are behind some countries in our set-up of peace-keeping forces.

I have spoken at length in connection with the Garda Síochána. I would ask the Minister to consider the condition of some of the Garda stations in Dublin city. There is a Garda station in Irishtown which must be 200 years old. Up to recently a passerby could see the cells there. In the old days the public were able to look at a prisoner in his cell and even to torture him by staring at him. The doors have been closed so that the cells are hidden from public view. I suggest that a new Garda station should be built in this district. It is almost impossible for a member of the public to discuss a matter with a garda in that station with any degree of privacy. The building is very old and the situation is unsuitable. There is no parking space around the station. The gardaí have to park their cars at some distance from the station. I have appealed on previous occasions for the provision of a new station in the area. The population of the area is increasing. The area is a very quiet one. The gardaí tell me it is one of the quietest in the city from their point of view. At the same time we should not impose on the generosity of the gardaí there, who are doing a great job in terrible surroundings.

A Garda station should be regarded as part of the broad educational scene. A Garda station should not be merely a place to which wrongdoers are brought. A Garda station should have a role in educating people to the fact that society must be protected and that justice must be done and must be seen to be done by every member of society. This must be a difficult role having regard to the conditions in which the Garda Síochána work in the case of this old building. Some people suggest that the building is Georgian; it would seem to me to go back to the Plantagenets.

I would ask the Minister to have regard to the condition of Garda stations. The Parliamentary Secretary, Deputy Begley, referred to a station in Kerry which has not got a telephone. I am sure that the station in Irishtown to which I have referred has got a telephone but that makes the appearance of the building all the more ludicrous because of its age and bad design.

I would conclude by asking the Minister to consider the censorship laws governing printed matter; to review the accommodation provided for young offenders; to carry out a comprehensive review of Garda stations which need replacing. If the Garda Síochána have not proper conditions in which to work the best results will not be obtained. The importance of conditions of work was realised by industry many years ago. That is why there are garden factories and that type of thing. The gardaí who do not protest all that much, are entitled to proper conditions of work. I do not think the House would cavil at the extra expense involved if the Minister were to propose in this year the building of 20, 30 or more new Garda stations.

I look forward to some of the legislation the Minister has promised in the near future. I assure him that while we will be very critical he will not find us wanting in support for any worthwhile measure that he may introduce.

I am pleased to see from the Minister's statement that a serious effort is being made to bring official Garda accommodation up to acceptable standards. Many of the Garda stations in my constituency fall very short of the required standards. The Garda headquarters station at Union Quay, Cork, is entirely unsuitable for the immense volume of work carried out there. I strongly urge the Minister to have this station modernised and brought up to a standard befitting a police station in the second city of the country. It will be conceded that gardaí cannot give of their best if they are forced to work in substandard conditions. For a number of years past proposals for the erection of a new district headquarters station at the southern perimeter of the city has been under consideration but to date there has been no concrete result. This new district headquarters was intended to embrace the sub-districts of Passage, Carrigaline, Crosshaven and other centres. The present position is that the superintendent at Cobh, which is 30 miles from Crosshaven station, has control for administrative purposes, including district court duties, of these three Garda stations and has to pass through the superintendent's districts of MacCurtain Street and Union Quay to reach these outlying stations of his district. Furthermore, when these stations are closed at specified periods members of the public urgently requiring Garda assistance have to get in touch by phone with the central station at Cobh, some 30 miles distant.

It was in order to rectify this unsatisfactory situation that the new district headquarters station at the southern perimeter of Cork city was mooted. The work load of the existing headquarters station at Union Quay is far too heavy to permit it embracing these three outlying stations. In the interests of the general public and of Garda efficiency I would urge the Minister to examine this serious problem as a matter of grave urgency. It is understood that a new Garda station is being established at Blackrock Road, Cork. This is a rapidly expanding and populous residential area and the provision of a station at this centre is a matter of great urgency.

The Garda station at St. Luke's Cross, on the north side of Cork city, is very badly placed, being situated at the city side of this sub-district, the major portion of this administrative area being due north and northeast of the station. The building itself is very old and unsuitable. The provision of a new station more centrally placed is imperative. I understand that a site has been acquired for this purpose. If such is the case the erection of a new building should be pursued with all possible haste.

The formation of the new motorised traffic unit in Cork city and county was an important step in the right direction. Strict and impartial enforcement of traffic laws and regulations is bound to have a very beneficial effect in the promotion of road safety. In this connection I would suggest that this unit, for a period at any rate, should aim at educating the public to observe a good standard of behaviour rather than endeavour to achieve this purpose by wholesale prosecutions, particularly in the case of trivial offences. It is well known that in the past there has been wholesale evasion of Road Fund licence duty. It is hoped that this new unit will bring these dodgers to book, or at any rate make it increasingly difficult for such people to escape detection.

The use of motor vehicles not covered by valid insurance is still going on and having regard to the serious repercussions arising from the use of uninsured motor vehicles it is felt that the penalties meted out in some courts are far too lenient. The Minister should consider amending the Road Traffic Act and making it mandatory on courts to impose consequential disqualification orders on first conviction for this offence. As the law now stands it is optional for courts to impose disqualification orders for first convictions. I would also suggest similar punishment for hit-and-run offenders. These should, on conviction, be automatically disqualified from driving for a minimum period of at least six months.

As in the case of insurance offenders it is optional for the courts to impose disqualification from driving in respect of hit-and-run culprits on first conviction. Invariably disqualification is imposed on first conviction. The depriving of a culprit of his right to drive is the greatest deterrent against a repetition of serious traffic law violation. I would urge the Minister to make it arbitrary on all pedestrians and pedal cyclists to wear luminous arm bands and for persons in charge of animals on public road to wear luminous waist bands or belts during periods in which compulsory lighting on vehicles at present applies.

There appears to be a fair measure of discontent among gardaí with regard to the system of promotion. I believe that senior members should be given preferential treatment over the less experienced and overambitious younger men. Promotion boards are always comprised of three Garda officers, a system regarded by many candidates as not being absolutely fair. It might be better if a high-ranking official of the Department of Justice were included in the board or, perhaps, a person qualified in the matter of assessment of merit who would be absolutely independent and impartial.

Another matter of concern to gardaí is the written examination conducted yearly for the purpose of qualifying members to compete at interviews for further advancement. These written tests are based on the entire criminal code of law, textbooks on criminal law and criminal investigation, including a very hefty code of Garda administrative matters dealing with all aspects of Garda work and finance. In addition, members sitting for inspector written tests must study a hefty volume of the law of evidence. I consider it absolutely unfair and outmoded in these modern times to expect gardaí to study and memorise this immense programme in their spare time. Even professional and experienced lawyers must, of necessity, consult their law library before arriving at a decision. Surely candidates for written promotion examinations should be permitted to use their textbooks. It is well known that many excellent gardaí have suffered physical ill-health studying for these absurd tests prepared by officers from textbooks at their disposal. I am aware that many excellent gardaí of officer potential are debarred from promotion because of their fear of undergoing this unreasonable test. The whole promotion system requires a complete overhaul so that some system acceptable to the main body of gardaí can be devised.

A sizeable number of Garda personnel are engaged in routine traffic bye-laws enforcement in Cork and Dublin. These duties should be taken over by the local authority and thus relieve the gardaí so engaged for more essential police duties. In Cork city a ticket parking system has been approved by the corporation and its early implementation by the Minister for Local Government would lead to the takeover of parking regulations by civilian staff employed by the corporation.

Another factor is that assaults on police officers are not infrequent in this country. I fear that the courts in some cases are far too lenient with offenders. Our police force should have the full protection of law and I would advocate that a mandatory prison sentence, without the option of a fine, should be imposed on persons who deliberately assault members of the police force lawfully engaged in the execution of their duty. It should be specifically provided that the Probation of Offenders Act cannot be applied in assault cases.

I would like to see a good deal of the criminal law brought up-to-date. Take, for example, the licensing laws. There are at least 20 statutes still in existence from the years 1815 to 1924 and since the introduction of the Intoxicating Liquor Act, 1927, we have had a number of new licensing laws. The position is now so confused that nobody seems to understand the entire code of licensing law. It is high time that a consolidated Bill was drafted embodying the whole code of the licensing laws.

The Deputy will appreciate that he may not advocate legislation on an Estimate.

I should like to echo the Minister's compliments to the Garda force for their efficiency, loyalty, dedication and integrity and for the exemplary manner in which the members have performed their duties since the formation of the force to the present day.

My first duty is to wish the Minister well. He comes from Athlone which is only a short distance from where I live. I wish him well in spite of the fact that he made some statements with which I could not agree. I think he means well.

Many of the things I intended to say have already been said. The Parliamentary Secretary to the Minister for Local Government, Deputy Begley, mentioned quite a number of them. I have the greatest respect for the Garda force. The majority of gardaí are excellent but there are the few who damage the force in the eyes of the ordinary people. These are the few who will pick on a law-abiding citizen for some very technical offence. It turns the general law-abiding public against authority when they see that crimes are being committed and there are no gardaí there, while a law abiding citizen is caught for a technical offence. Four or five years ago I parked my car in a town not too far from my home. I parked my car perfectly. I saw a man who had just buried his sister going into a doorway.

I got out of the car. I did not lock it. I took the ignition key and went to the door. I sympathised with the man. He asked: "Will you come inside for a moment, I want to see you?" I said: "I am in a hurry" but anyway I went in and when I came out about ten minutes afterwards, there was a guard standing at the car. He said: "Your car is unlocked." I said: "That is correct." He said: "Your handbrake is out of order." I said: "That is correct." He said: "I suppose you will tell me it went out of order coming into the town." I said: "I will not." I thought, by telling the truth, I was going to get away with murder. I said: "Not at all; it is out of order for the past couple of weeks but I will get it fixed tomorrow." Fair enough. I came home, got the handbrake fixed, rang the Garda station and told them that the handbrake was perfect now. I showed it to the local guards. The next thing I received was a summons to appear at court a distance away. I could not attend. I called at the Garda station and told them I could not attend but that I had my handbrake fixed. The next thing was that the event appeared in the local paper. I was fined £2 for not having the door locked and £2 for not having my handbrake in order. Fair enough. The handbrake was a genuine case. I deserved to be fined because it was not working. But, hang it all, I explained to the guard that I went to the door to sympathise with the man, not locking the door, having parked perfectly and that should have been enough. If you left the key in the ignition, there would be a case where anybody could come along and take the car. But these are the types of little offences that amount to a type of technicality.

Another night my white light had blown. In a certain town a garda came over to me and said: "You have no white light" but, as he was speaking, a car flashed past at about 80 miles per hour right through a crowded street. Now, it was too hard to catch that guy. He could not be caught anyway. He was gone like a flash. But mine was an easy summons. This is the type of thing about which I am speaking now. Very few of the guards do this. But there are the few —to whom the Parliamentary Secretary referred—who summons people for small technical offences. These are the type of things the gardaí during their training period should be taught to overlook. They should just tell a man he should not do it again. Summonses in those cases, to my mind, are too technical and will only get the general public to think less of the gardaí and less of law and order.

Another point I should like to make is that some of the fines imposed are not in keeping with the offences committed. This is very important. I experienced a case where a couple of fellows took a few jars too many. They got into a row, followed a crowd and beat them up. They deserved to be well fined. Nobody had to go to hospital and everybody was astonished on opening the papers—I admit young fellows should conduct themselves; I am not apologising for them at all—to see a fine of £100 for one. There was disqualification for the man driving the car and he was not allowed into dances in the surrounding area for a certain period. It was the talk of the place. This terrible fine was not in keeping with the offence since nobody was injured. It was a row and we have experienced rows down through the years.

I had experience of another case where there was a row between two committees. Posters were pulled down by one of them. I have seen posters pulled down by political parties all my life and, right enough, it is a thing I do not like and I feel it should not be done. But when you see a fine of £26 or £28 inflicted on a fellow caught pulling down a poster—when everyone, indeed, who has anything to do with politics knows that it has been pulled down and they are pulled down —you think it unfair. If he were fined a fiver you would consider he had been fined enough. Those are the type of things that do not help people to respect the law. Even though they are isolated cases, I think they should be looked into because, somehow or other, I imagine these fines are not in keeping with the crimes committed.

I think the Minister is endeavouring to do something in prisons to try to prepare people committed to them to re-enter ordinary life when they come out. To my mind, education inside prisons is very important because, when a person commits a crime, he is ostracised by society. He goes to prison. The attitude to him is: keep him down. Keep him down all the time. And, when he comes out, nobody wants him. The position is that he is likely to fall again. God knows, he has nowhere else to go. Perhaps some effort could be made to get such people to learn a trade to enable them to be employed when they come out and also to have lectures for them so that they are not finished for all time. They can start again and will learn that crime does not pay. I believe the Minister means well in this area. I think something will have to be done about this. Long ago it was a question of beating the person up, keeping him inside and doing nothing for him. I do not believe that that ever stopped anybody.

I come now to youth clubs which are something I would ask the young gardaí to become involved in. I started a couple myself and young gardaí have come into them. I believe that the teenagers of today are not one bit worse than we were. As a matter of fact, they are better in ways. I did quare things when I was a young lad. I did things which were not very law-abiding. I always believed in the saying that the wildest of youth makes the best old men. The youth today are more Christian in many ways than we were. In my day a fellow was a good boy. He was a Catholic. He went to Mass and he did everything he should but his attitude was: to hell with you Jack; I am all right. The youth of today get involved with other people and, therefore, I think anybody who condemns them as being terrible is all wrong. If we could get the youth off the streets into youth clubs and if we could get the younger guards to go in—which is what we are doing in my home place—and mix with them and get to like them, there would be respect for the law straight away. They would not be looking at a fellow passing in a uniform outside saying: "That guy is out to get me." Instead of being outside, he is inside talking with them, joining in their games and whatever fun they may have and, again, not quoting law to them. If you want to put something across you should get somebody in the audience to put up an idea and sell it. It is your idea but give the impression it is not. If a garda goes in and gives youth that impression, asks some of them to get down to this question of decent standards of law and order inside the youth club, I believe this would be a very good thing.

Another matter in relation to which I should like the Minister to use his influence concerns the showing by RTE of too many crime films. He could use his influence with his colleague in the Department of Posts and Telegraphs. If I had time to relax I would like to view a bit of comedy but, as far as I can see now, it is practically all crime. This does not help young people. There is a young chap at home and the moment a crime film comes on he has two toy guns in his pocket and he wants to know who will draw quickest. This is what he likes to look at. I think we have too much crime and too little comedy on television.

I do not believe in long speeches and the Leas-Cheann Comhairle said we could not refer to legislation. I did intend to do so but I shall not because I realise we are now dealing only with Estimates. I should like to add my voice to that of other speakers about conditions in some of the Garda stations throughout the country. Certainly, they are not good.

I know from the Minister's speech that he is making an effort in that direction. I wish him well. I hope my remarks will be taken as constructive criticism. I do not want to be taken as criticising the Garda force because I am not. I am suggesting ways which could improve their image with the ordinary law-abiding citizen who very seldom puts a foot wrong, but if he does he is caught. Everybody in public service should use common sense. That is all I ask. I compliment the force. They are doing a very good job. I wish the Minister well. I hope he succeeds in his prison reform.

I commend the Minister and his staff on the very comprehensive brief on this Estimate. I wish to deal with a number of matters raised by the Minister, notably, adoption in so far as it is within the Minister's competence, contraception, the reform of the legal profession generally—we in Government must press ahead with such reforms— drunken driving, Garda training, the use by the Garda in future of computers for the keeping of criminal records, the prison system and children's courts.

I am glad the Minister has indicated that he is now in a position to put proposals to the Government and that he hopes to have amending legislation introduced during this session in regard to adoption. I welcome that statement. This measure is long overdue. Our legislation is 20 years old. It came into effect in 1952 and was subsequently amended in 1964. There is a serious need at this stage for major changes in the field of adoption under a new Act and I strongly urge the Minister before the end of this session to bring in amending legislation.

It is not a criticism of the staff of the Department of Justice to suggest that in the various Estimate speeches of successive Ministers for Justice we have had the perennial issue that amending legislation would be introduced. The previous Minister, Deputy O'Malley, promised us legislation before Christmas 1973——

The Chair would like to indicate its position at this stage. In an Estimate debate the Deputy may not advocate new legislation. We can only deal with the administration of the Department by the Minister under existing legislation. We may not criticise existing legislation nor advocate new legislation.

I fully accept that ruling. I suggest that the operations of the Adoption Board are within the compass of the Estimate. I hold the view that the Department of Justice are not the most appropriate Department under which the Adoption Board should operate. Since reading the Devlin Report I have felt strongly that we should have a Department of Social Affairs. This Department would amalgamate the health and social welfare side of child law and be responsible for the whole range of child care, including adoption. The Adoption Board should not be under the formal aegis of the Minister for Justice. I appreciate that the passing of necessary legislation will come within his ambit but the operations of the board should be an integral part of the child welfare and child care services. The board could operate in what one might call a more open legislative framework. This is in no way meant to decry the tremendous work done by the board and its members. I firmly believe however, that it should be removed from the ambit of the Department of Justice.

In relation to adoption, the Minister should accept the experience of the Adoption Board. I do not regard third party placement—placement mainly by clergy, doctors and some nurses—under adoption as being in the long run desirable or satisfactory. I prefer to see more effective statutory safeguards available to children in relation to such adoptions. We should discourage what I call third party sponsorships as a whole. I urge the Minister to consider that suggestion. I fully appreciate that normal arrangements between relatives in relation to adoption cannot be frowned on. These are called family adoption arrangements. This is normal practice in many areas of Irish life. Haphazard and casual third party adoptions by third party sponsorships should be discouraged. I strongly commend that to the Minister. I have publicly made my views known on that subject.

The Minister, who has statutory control over adoption societies, should encourage a greater emphasis on their employing a greater number of trained professional staff. I am aware of the fact that many of the staff employed by such agencies and societies are quite expert although they may not necessarily have formal social work training. Many of them by their compassion, care and dedicated public service are performing a great service for the community, but it is generally accepted now that such agencies should have a high quota of trained professional staffs.

The Minister should ensure that all placements, in so far as any of them can be monitored, must have a full social and medical examination prior to placement and that there should be thorough supervision. I am particularly worried about this in relation to what I would call casual sponsorship. There should be a system of tighter control in this regard. It is important to note that in Britain all societies which arrange adoptions must be registered with the local authorities and these local authorities must be satisfied that the society concerned is a charitable one, that it is employing competent staff and is properly administered. A similar situation exists in Northern Ireland. There adoption societies must be fully registered with the responsible ministry and an adoption child register has to be kept by the Registrar-General for Northern Ireland.

We should take note of the British departmental committee report on adoption. That committee recommended, almost ten years ago, that their law should be changed to require all adoptions to be arranged through a registered adoption agency or a local authority. It is in the national interest that we should adopt and evolve towards a similar situation in this country. I have no doubt that the various adoption societies here would fully co-operate and continue the work which they have done down the years.

I will not deal with the other aspects of adoption because they require amending legislation and, I am precluded from dealing with such amending legislation. I urge the Minister, and the Cabinet, to bring in a new adoption Bill as a matter of great urgency. It is ten years since we had the last amendments in this country. In 1964 such a Bill was introduced by the former Minister, Deputy Haughey, but the situation has changed dramatically in relation to adoption since then. There is now a far greater public awareness of the role of adoptions in society and there is a greater public understanding of the safeguards and changes that are needed. Public opinion is much more sophisticated in relation to adoption and many changes in the interests of the children and in the interests of the adoptive parents could be brought in with agreement. This legislation should be pressed forward as speedily as possible by the Minister. I have made my views known on this matter in various articles and in public comment.

I should like also to draw the attention of the Minister to an aspect of an administrative nature in this regard. In my view it is an important matter. In Iris Oifigiúil the notices of the making of the adoption orders are published. For example, in the current issue, 390 names are given. The Christian names of the children involved and the full names and addresses of the adoptive parents are also given. I appreciate that under the Adoption Acts of 1952 and 1964 the Adoption Board, in making adoption orders, is obliged to lay out particulars in regard to such orders but it is disturbing that it is necessary to publish in Iris Oifigiúil the Christian name of the child and the name and address of the adoptive parents. Such publication could conceivably be open, if I may use the term carefully, to abuse by commercial interests. The announcement of births in newspapers is followed by a flood of letters to the parents offering them all sorts of things for their new arrival.

It could be suggested that the publication in Iris Oifigiúil, which is a public document, could be open to prying individuals or, more dangerously, to disturbing the individuals involved in adopting the children. I query the statutory necessity to have such information published. I appreciate the need for a statutory register of children adopted but is there a need for the publication? Those who adopt children have certain rights of privacy and a certain privilege on the question of making the information public. The appropriate confidentiality of such arrangements should be respected by the Minister to whom I will make the current issue of Iris Oifigiúil available.

I know the Minister is in the Seanad at the moment but I am glad of his decision to introduce amending legislation in relation to contraception. I appreciate I may not comment on amending legislation as such, or discuss the details of legislation, but I should like to talk about the general principle of change. I am glad of the opportunity to say in this House that I welcome the decision of the Minister. It is of grave importance that there is now clearly established a Government acceptance of the view that every family has a fundamental human right to plan and space its family, availing of the best possible medical advice and in accordance with its own moral beliefs.

The introduction of such legislation is the clear responsibility of the Minister for Justice and I welcome the decision of the Government and the Minister to remove the legal prohibition in the way of such families exercising that basic right. I stress the point that the change envisaged by the Government would mean that families would be entitled to avail of contraception if they so wished and in accordance with their human dignity as individuals and their own sense of moral responsibility.

In that regard it is quite erroneous to suggest that the proposed changes in the law in any way would force contraception on anyone. All the changes would do would be to allow citizens who wish to regulate the size and spacing of their families to avail of contraceptives without having to break the law. This is the important matter the Dáil must face.

If I might comment on the current position, which is of direct concern to the Minister and entirely within his responsibility, I would make the point that at present we have the very illogical situation whereby the Supreme Court has ruled it is not illegal for people to purchase contraceptives, for example, in Newry, and to import them into the State for their personal use, or for distribution if they wish without sale being involved, but it is completely illegal for them to make the same purchase in Dundalk. This is the illogicality of the current position. I am pleased to note the Government are concerned that they should at least ensure that the law as it now stands will not be brought into complete disrepute and have decided to introduce amending legislation.

I am afraid the Deputy in elaborating his point of view is falling into a breach of the traditional rule that one does not advocate new legislation or criticise existing legislation on an Estimate. Doubtless there will be an opportunity for the Deputy to express his views by way of a Bill or a motion on the specific subject.

I appreciate the point that I may not specifically advocate the introduction of new legislation but I should like to conclude that statement. In my view it is not merely a question of the responsibility of the Government in changing the existing law arising from the Supreme Court judgment; it is not merely a question of providing changes in the law for the minority; it is essentially a matter of fundamental human rights. The legislators have a basic moral responsibility in relation to the human rights of the individual or the family. Irrespective of their spiritual beliefs, the legislators have the fundamental obligation of introducing that change in the law.

The options of the legislators are quite narrow and I hope the Dáil will introduce such major changes as are necessary. While I respect the ruling of the Chair that I may not advocate the introduction of new legislation, so far as the Minister for Justice is now responding to a slightly new situation his decision is welcome. I would point out that the situation is new only in that there has been a further development at Supreme Court level; the situation has been with us since 1935. It is time this country established the right of every family to avail of contraceptives as they may wish and in accordance with their own sense of moral values. This is a fundamental human right and it is on that issue I shall discuss this matter at a future date in this House.

With respect to Fianna Fáil, I submit that party should face up to their responsibilities. I was disturbed to note the suggestion that before the Ard-Fheis the Fianna Fáil Parliamentary Party decided by a substantial majority not to co-operate with the Government. I have not been able to receive confirmation of that but it has been said there was a suggestion at a Parliamentary Party meeting by the Leader of the Opposition that they should co-operate with the Government in regard to this matter but it was thrown out. If that is the case, I challenge Fianna Fáil to declare themselves on this matter. If that is the case, then the Ard-Fheis decision to defer the matter was an even bigger farce than the decision actually taken.

(Dublin Central): The Government have a majority in the House.

Yes, and I hope to see us use that majority. Also, I hope Fianna Fáil will not avail of the position whereby if legislation is restrictive they will have the luxury of opposing it because it is too restrictive, or if the legislation is too open they will have the luxury of opposing it on that account. Fianna Fáil must make up their minds on this matter; they cannot have the luxury of both options. In other words, if it is restrictive legislation it is impractical and, therefore, they must oppose it, and if it is open legislation it is undesirable and, therefore, they must oppose it.

I am afraid the Deputy is coming into conflict with my ruling in respect of the advocacy of legislation or anticipating legislation.

I appreciate that, but I put it to Fianna Fáil that they cannot have it both ways. On the Government side we have said that we will bring in legislation of a somewhat restrictive nature. We can have a long discussion on the practicality and the constitutionality of other aspects of that legislation at a later date. Meanwhile I do not think Fianna Fáil can have the privilege—because of their distaste for the Government—of exercising the options on both sides. I would respect Deputy Fitzpatrick's views on such matters.

(Dublin Central): I did not hear Deputy Desmond asking for our co-operation on the Constituencies Bill.

Fundamental human rights are more important than the constituencies carve-up. This is my view. I believe there should be a constituencies commission. I do not believe this House should fix any constituencies. It is an abomination of Parliamentary procedure.

That is another matter.

That is another matter. There is a big difference between human rights and the future of a Deputy's seat in any given area. I will pass on to the need for reform in the legal profession. As I have the benefit of not being a member of the profession I can comfortably give my views. Part of the legislative programme of the Government should be an effort to unify the legal profession and to abolish excessive duplication of work done by solicitors, senior counsel, junior counsel, and so on. I am a trade unionist and I do not like restrictive practices in any employment. It has always worried me that when a profession with a plethora of hierarchical functions, the legal profession, manages to involve itself in litigation and in property conveyancing, the cost inevitably becomes very high to the community.

Therefore, I would urge the Minister to take up where the previous Minister left off. Deputy O'Malley and previous Fianna Fáil Ministers for Justice were progressive on the question of unifying the legal profession. I know they ran into a fair amount of flak from the then Opposition. There is great need for a review not only of legal education but the whole system of legal education, the whole out-dated, lunatic anachronism which operates, for example, in the Kings Inns. the old feudal throwback of middle-class legal professional practices. We should up-date legal education and integrate legal functions and the country would be a lot better off for it. I strongly recommend to the Minister that he should consider working in that direction.

I want to refer now to legal fees and solicitors' fees, particularly in relation to property conveyancing. I gather that solicitors' fees are based on the value of the transaction of conveyancing property from A to B. Such fees are on a fixed scale approved by the Incorporated Law Society of Ireland. I further gather that the scale of fees depends on the price of the property being sold. Many young couples have to bear very heavy legal charges in relation to house property. This is an area where the Natinal Prices Commission could usefully be asked by the Government to undertake an investigation into the scale of the fees charged.

It always strikes me as being very odd that I can walk out of this House and buy a new car if I have the money—I could not even buy a secondhand car at the moment—for £6,000 or £7,000 and no legal costs are involved. If I could afford the weekly repayments on a £6,000 Rolls Royce I could buy it on extended credit. If I buy £6,000 worth of property in Dublin or in any other part of the country—and you would not get a whole lot of property for £6,000 now—immediately I become enmeshed in legal fees for conveyancing and so on. I also become involved in auctioneers fees if I am selling land. I suggest to the Government and the Minister that there is need for a thorough examination of legal costs in relation to house building and property.

In the lifetime of this Dáil we introduced legislation making changes in auctioneers' fees. It is time we had changes in the fees for services rendered by solicitors in respect of property. It may well be that the National Prices Commission should investigate the role of solicitors who act for the buyer and seller, where the same solicitor is acting for the two parties. This is an area which the National Prices Commission could usefully investigate and decide whether there should be substantial reductions in fees. They might even investigate whether such a practice is desirable in a property transaction. I am conscious of the fact that we hear all sorts of exhortations about the national wage agreement. There are holding companies making £1 million out of Tara Mines, for example.

That is hardly relevant to the Estimate we are discussing.

It is very relevant to make £1 million. If we expect restraint from trade unionists under a national wage agreement, this must apply to all sections of the community, and those who make £1 million on property, and those who make substantial incomes from property conveyancing in the legal profession, must come under the broad ambit of wage restraint and wage control. It sickens me that in relation to shares a group of individuals, Irishmen allegedly, can make £1 million while the industrial worker is asked simultaneously to support a national wage agreement.

I am afraid the Deputy is entering into an area quite unrelated to the Estimate.

I am dealing with legal fees and auctioneers' fees.

(Dublin Central): Auctioneers' fees have been fixed.

I gather that the bottom has fallen out of the auctioneering market these days. As a trade unionist who intends to vote for a national wage agreement and who voted for the previous one also, I make the point that we must be seen in this Government to ensure that in all areas of life, equality of income and opportunity will operate. I strongly recommend this area for Government consideration. I leave it at that and thank the Chair for its tolerance.

Passing on to the operation of the courts I should like to place on record that the establishment of a District Court in Dún Laoghaire with jurisdiction in all matters, which came into operation on 1st January, has been welcomed very much by the public of south County Dublin, also by the Garda and by the legal profession. I have been harsh about some aspects of the work of the legal profession but I say that quite rightly they have welcomed the setting up of this court. Dún Laoghaire is the fourth largest urban area in the country. It was denied a District Court with full jurisdiction since 1934 and sittings of the court in Dún Laoghaire now will give residents the facility of having all their district court legal business transacted at local level. This is generally welcomed and so are the children's court sittings in Dún Laoghaire. It will be far more convenient than travelling to Dublin courts. I also welcome the opening of a full-time District Court office in the area and the appointment of a full-time probation officer.

District Court work for the whole of south County Dublin should, I think, be dealt with in Dún Laoghaire. While I appreciate that there are legal difficulties which prevent this being done now, the Minister should introduce legislation—and I ask him to do so—to provide for sittings for the whole of south County Dublin in Dún Laoghaire. This area is growing at a tremendous rate and there is need for a full District Court for the area. I strongly recommend this innovation.

The Minister should also consider making arrangements for Circuit Court sittings in Dún Laoghaire during the legal term. There is now no Circuit Court sitting between Dublin and Wicklow and I understand that the Wicklow Circuit Court is grossly overworked. Therefore, the Minister should consider arranging sittings in Dún Laoghaire for the whole of south County Dublin and part of County Wicklow, including Bray. Work in the Dublin Circuit Court is greatly in arrears and I think sittings in Dún Laoghaire would relieve the situation. I suggest these matters in regard to both the District Court and the Circuit Court in the Dún Laoghaire area for the Minister's consideration. Dún Laoghaire Corporation should be given credit for making substantial improvements and for providing accommodation in the courthouse for the extra District Court sittings. Other local authorities could usefully take a leaf from Dún Laoghaire's book but ultimate responsibility for maintenance and upkeep of courthouses should be a matter for the State and not for local authorities.

I should like to draw attention to the very substantial seizure of arms and explosives last year and I commend the Garda for having, with great difficulty in many cases, and in some cases with no small risk to their lives, succeeded in getting possession within the State of 330 rifles, nearly 300 pistols and other hand weapons. As the Minister said, they also got possession of 518 grenades, 15 rockets, four rocket launchers and a sizeable quantity of explosives. These statistics prove that the Garda have been vigilent to ensure that unauthorised possession of weapons and explosives in the State has not gone unchallenged. The Garda are to be commended in that regard. I think it can be said in relation to armed robbery, particularly in the greater Dublin area, that the public recognise there has been an extraordinarily high success rate of capture very soon after commission of the offences. The Garda again are to be commended for their competence in this connection. If this criminal activity had gone unchecked and undetected, no doubt we would have had an epidemic of it, as in Northern Ireland. Due to the vigilance of the Garda I believe we have been spared an epidemic of armed robbery or attempted armed robbery in this State. This shows the competence and effectiveness of the Garda.

I welcome the decision of the Minister and the Government to draft a comprehensive Landlord and Tenant Bill which I hope will be submitted to the Government and introduced in the House as a matter of the utmost urgency.

I trust the Deputy will keep in mind the limits laid down in regard to the advocacy of legislation.

I appreciate this and I am glad the Minister has indicated his intention to introduce this legislation. I should like to draw attention to one area which is within the direct responsibility of the Minister, the area of rent control. I want to stress my very great concern about the gross exploitation of very many young persons coming to Dublin and living in private rented dwellings. I also want to express my very great concern about the abominable exploitation of homeless couples, couples newly married and couples who have one child and who are on a long waiting list for local authority houses in private, uncontrolled rented dwellings in this city and in the greater Dublin area as well as throughout the country. The Minister for Local Government is to be commended for the achievement of building 24,000 houses in 1973. The Fianna Fáil Party did not do it.

(Dublin Central): Will the Deputy tell us if the Government will do it next year?

Better things to come.

In 1974 it could work out at 25,000. No matter how large the local authority building programme is its real social contribution is destroyed if we have on the other side a situation where in private rented dwellings there is gross exploitation. I give one simple example of a case in my constituency. This is an appalling example of a young apprentice electrician. I know him, his wife and child well. His gross earnings are £19 a week. He is 20 years of age and will not be out of his time as an electrician until January next year. He is a housing applicant with Dún Laoghaire Borough Corporation. He is paying £8.50 a week for what can only be described as a rat infested "kip," a basement room in Dún Laoghaire which has been regularly and vigorously examined by the health inspectors in the area. They have done their best to serve sanitary orders on the landlord concerned.

Recently this young man got the 'flu. Instead of his wages he received disability benefit. I know his family went hungry in order to pay the rent of that basement room. He went back to work before he was well enough, against his doctor's advice. I appreciate that the existing law of the land is that a dwelling has to be pre-1941 otherwise the benefit of controlled rent does not accrue to the individual. I implore the Minister to introduce up-to-date rent control legislation as soon as possible. I do not accept the suggestion of the Leader of the Opposition at the Fianna Fáil Ard-Fheis that we should have a rent rebate system for private dwellings. I hope he will have a rethink on that suggestion because in my opinion a rent rebate system for private dwellings is nothing more than a licence to private landlords to raise their rents by the amount of the rebate.

The only way out of this, and it is not a perfect way, is to do two things. First of all, we should insist that rents, the structure of rents and the increase in rents should be the subject of a thorough investigation and control by the National Prices Commission with recommendations for amending legislation where necessary. The Minister should simultaneously review the provision whereby houses built prior to 1949 are the only ones, if the tenancies go back that long, where protected tenancies arise.

I am afraid the Deputy is straying into the area of new legislation.

It is a very big field.

I appreciate that. I am greatly concerned about the fact that when many workers get substantial increases under national wage agreements landlords know about this and jack up rents. When many workers, their families or old age pensioners get social welfare increases landlords increase their rents. Some landlords are in a state of poverty. They are not getting any advantage from the situation in regard to rented dwellings at the moment. There are some landlords who cannot afford to do basic maintenance repairs on their houses but there is a large number, including some of the property speculators of this city and of the country, including some auctioneers——

And this House.

——who have houses in my constituency and are making a fortune, exploiting young couples, having from five to ten young families in a house and charging them a weekly rent of £8 and £9. The gross income out of most of those houses is £100 per week. In some cases I have enjoyed advising the Revenue Commissioners of some of the information that has come into my possession regarding some of these people. I pay my taxes; the average industrial worker in the country pays PAYE; the average tenant of a private dwelling pays his taxes and I see no reason why any private landlord should enjoy a situation in which in the absence of legislation he can charge what he likes.

There is no legislation to compel people to have rent books. You can demand a receipt and you get it. In Britain under the statutory rent reforms people at least know what they are paying, under what section of the Housing Act they are paying and when their rent is subject to review. I appreciate I may not advocate legislation and I also appreciate that rent tribunals and the statutory method by which one fixes fair rent is an enormously complex and difficult area for any drafter of legislation. I suggest there is a grave need for it. This is the only way we can put an end to the exploitation of young couples and single people who would never get on to a housing list but who are in need of houses.

I want to pass on to another matter, namely, the question of free legal aid. I welcome the decision of the Minister to set up an informal committee to advise him on the introduction of a system of civil legal aid. I want to make one suggestion. I hope the terms of reference will be agreed as quickly as possible; I hope the membership of the committee will be decided on as quickly as possible; I hope they will do their work as urgently as possible and bring in reports as speedily as possible. Since 1969 I have, in Dáil Éireann, heard many statements of intent about changes in this, that and the other respect. We have had many promises from many areas of government, not least the Department of Justice. Nobody knows better than the Minister or than those of us on the Government side the appalling pressures that are on the Department of Justice, in relation to the security situation, in relation to the very contentious legislation that we had in the past year, in relation to the prison situation, and so on. All that has totally immersed the staff of the Department of Justice. Consequently, the staff has not been able to do this kind of work. Now that we are a bit better organised, now that we are in a kind of hiatus, I certainly hope the new scheme of civil legal aid will be introduced as a matter of the utmost urgency.

I want now to pass on to another area of the administration of the Department of Justice, namely, offences under the Road Traffic Act, 1968, and the amendment of 1973. I appreciate that the Garda Síochána have to operate this Act. I appreciate that it is an offence to drive a car or to attempt to drive a car or to be in charge of a motor vehicle while the level of alcohol in the blood exceeds 125 milligrammes. There is provision for the taking of breath tests, blood tests and urine tests and so on, under the law. It is the job of the Garda Síochána to implement the law. I also appreciate that amendments to the Road Traffic Act were introduced by the Minister for Local Government and that these amendments are now in operation and that it is the job of the Garda Síochána to implement the law in that regard.

The prescribed limit of alcohol in the blood under the Road Traffic Act is 125 milligrammes. The prescribed limit under section 7 of the Road Safety Act, 1967, in Britain is 80 milligrammes of alcohol to 100 millilitres of blood or other such proportion as may be prescribed in regulations made by statutory instrument by the Minister. Therefore, the limit in Britain is substantially lower than the limit in Ireland. In many continental countries the limit is even lower than in Britain. In Czechoslovakia the limit is in the region of 30 milligrammes. One would need to be very careful about taking even one drink in some countries. In many continental countries the limit is lower than 80.

I want to make a point here which may not be a very popular point to make in public. Recent reports, many of them published by the British Medical Association, suggest that at 60 milligrammes drivers are twice as likely to be responsible for causing an accident; at 100 milligrammes they are six to seven times as likely to cause an accident and at 150 milligrammes they are 25 times as likely to cause an accident. In other words, at 150 milligrammes the chances of avoiding an accident are very seriously diminished. Remember that our limit is 125 milligrammes.

The British and American scientific evidence in this regard strongly supports legislation making it an offence for persons with a blood alcohol concentration in excess of a figure in the region of 70 milligrammes to be in charge of a motor vehicle. This is the common proposition now of a great mass of scientific evidence in respect of driving a motor vehicle on a public highway. In that light I wonder about the efficacy of a limit of 125 milligrammes.

It is important to point out that a very substantial proportion of accidents in this country arise from and are directly attributable to the consumption of alcohol by persons in charge of motor vehicles. It is time for a review. I am very pleased to note the clear-cut statement of the Minister for Justice that he will not entertain any representations regarding such charges because there is a popular assumption, now that there has been a change of Government, that perhaps we might be more lenient towards some people who have been caught driving while the level of alcohol in the blood is over the limit. I am glad the Minister for Justice has given no reason for that belief. It is essential that this fact should be borne in mind. I make that point because I come from a constituency which has perhaps the highest car ownership in the country.

(Dublin Central): A wealthy constituency.

Car ownership is no longer a status symbol. My constituency has the highest number of registrations in the country. It is important to point out that many families suffer catastrophically because of loss of life arising from accidents directly attributable to drunken driving. In my view district justices should send persons guilty of drunken driving who are involved in accidents which entail loss of life and mutilation of persons to the accident wards of this city on a Saturday night between 9 p.m. and 3.0 a.m. A few compulsory visits imposed by district justices as part of the penalty for drunken driving would cure some drivers of taking the risk of driving while drunk. There is still a good deal of drunken driving notwithstanding the breathalyser test. That is a matter that the Government must consider.

I have been critical enough this morning on a number of issues, critical in a constructive way, I hope. Now I want to congratulate the Government on the decision to institute a system of independent public prosecution and a system of independent allocation of State briefs. I had a rather interesting question down yesterday. One of the reasons why I put down that question was because a number of people said: "Now that there is a change of Government I bet you will not put it down this year although you put it down for the last three or four years." I put it down and it makes interesting reading.

(Dublin Central): All pals of the Government, I presume.

Obviously the Deputy has not read the list.

(Dublin Central): put down that question was that a are overlapping.

I will, indeed. I promise that. One way or another, the question will go down. The previous practice highlights the need for an independent system of allocation of briefs. It is a disgrace that for so long we have had a system whereby you got nothing unless you were a Fianna Fáil sympathising barrister or a Fine Gael sympathising barrister. There are so few socialist barristers around one has to track them down. They had nothing to gain from being in the Labour Party, I suppose apart from a clean conscience and they were not unduly honoured with State briefs. The change to an independent system of allocation of briefs is long overdue and deserves to be commended. I hope the necessary legislation will be introduced as a matter of urgency.

I want to talk about another system of appointment which we must have here. That is an independent system of judicial appointment. There is a story going around the Law Library at the moment that the slogan for the Fine Gael Ard-Fheis is: "Be a good judge and vote Fine Gael". Whether this is true or not I do not know but we on the Government side should change the system of appointment of the judiciary. We would be doing yet another major act of political hygiene if we did this.

The Deputy will agree that it is not a matter for the Minister for Justice to do so.

That is not the advocacy of new legislation. It is just cleaning up a bad situation. I make no reflection on the judiciary. I am precluded from reflecting on the judiciary. I suggest that the current system is one of political patronage, that it brings politics into disrepute and that it must, in the long run, erode public confidence in the judicial system. It is appropriate that there should be an independent judicial commission set up. I have an open mind on the composition of such a commission. We might have a commission which included, say, the Chief Justice—so that the old school tie would not feel unduly excluded on appointments. Suppose one had the Ceann Comhairle, just for argument sake. After all, he is the chairman of the Local Appointments Commission. One might have the Taoiseach of the day. I would be magnanimous and bring in the Leader of the Opposition of the day. There are quite a few good Fianna Fáil barristers around who might make good judges. So that the Labour Party gets its whack in, I think I would have to bring in the Tánaiste. I think we will exclude the President. He is above it all. Anyway, he was never a legal man. It will be great when he gets the Contraception Bill. There is need for a judicial appointments commission comprising, perhaps, the people I have mentioned. Let them sit down and appoint judges in future. It would be far better than having the Cabinet scouting around checking the credentials of an individual in respect of this party or that party. That change is necessary and I would strongly recommend it to the Government.

The Deputy is advocating legislation again.

In relation to family legislation, I am glad to note that the Minister has asked the Committee on Court Practice and Procedure to make recommendations on the substantive law as to the desertion of wives and children and the attachment of wages and the desirability of establishing special family tribunals. The Minister said he hoped to have their recommendations in the near future. He also said the drafting of amending legislation will then commence as a matter of urgency. This is the fourth occasion in 19 pages on which he has promised amending legislation. Let us have it and let us have it in this session if at all possible. I commend the Minister for extending the terms of reference of the committee to bring in these areas. There is an urgent need for the legal attachment of the earnings of husbands who desert their families. I fully support the view that earnings should be so attached under the law that husbands who desert their wives and children will have their earnings attached internally at any rate. To catch them in Britain is a big problem. Any Minister would have serious difficulty in getting agreement with the British Ministry on this matter. There is now a substantial public opinion which supports the view, and I have been amazed at various meetings at the strength of the view, and which has only come about in the last five or six years, that husbands who desert their wives and remain in the State should have their earnings attached. Indeed, I would go so far as to suggest that where a wife who deserts her family is working there may be a case for a similar attachment. There are in our community deserted husbands. I would strongly commend to the Minister to have amending legislation introduced.

I would agree with the Minister that the present training course for gardaí is too short and too shallow. It always surprised me that the Garda Síochána have been so good considering the fact that their training is so bad. I do not in any way blame the training authorities in Templemore for this situation. I blame the legislative and regulatory arrangements. The training period for gardaí in this country is appallingly short. The training period for prison officers is even worse—four or five weeks induction training and off they go, making prison officers out of them, which is a joke. I also strongly support the need for refresher training for serving members, especially during the first half decade of their service.

Bearing all these facts in mind, the Garda Síochána with relatively little time allocated to their training do a very good job. This is the point I most wanted to make—those who try to produce trained gardaí do a very good job in a very short space of time of putting them through a training school. With the growing sophistication of crime, with the growing need for understanding between communities, particularly in the urban areas, and in the relationships between gardaí and young offenders, there is a need for better training. I strongly commend to the Minister to extend, broaden and give greater depth to— and the Conroy Commission were of the same view—to the training of gardaí.

I welcome the decision of the Minister to expand the juvenile liaison officer scheme. In this regard, I would urge him to be very flexible. There are not sufficient such juvenile liaison officers in the country. I think the scheme is a very worthwhile one. In the past six months the juvenile liaison officers have been given more freedom. I suggest that they might be given better allowances. For example, the idea of a juvenile liaison officer going around on his bicycle dealing with juvenile offenders, in the absence of an effective car allowance, is the kind of nonsensical thing which technically could happen but which, in practice, does not. Not so long ago, however, it would have been the official attitude that it should happen. The role of the juvenile liaison officer is to be welcomed.

The other point I should like to make—and it is a purely personal one —is that Tom Fitzpatrick is not a Dublin man; I am not a Dublin man either, but I have lived in Dublin for the past 15 years. I would suggest to the Minister that an effort should be made to recruit gardaí and juvenile liaison officers from within the Dublin area and, in many respects, I think they should operate within that area. I remember coming to Dublin in the 'fifties; it literally takes one three or four years to get the feel of any city; to get to know people; to get to know social attitudes, which are somewhat different from those in a rural environment. It must be traumatic for a young garda, recruited into Templemore, banged out after a very short training course and slammed up into, say, Pearse Street or Harcourt Street, or into Dún Laoghaire or Ballyfermot, and so on. It must be a traumatic experience for a young man in his early twenties with very little experience of an urban community where the little subtle nuances of some young fellow in Dublin making a hard-chaw comment may be totally misunderstood. It may finish up with the new Garda recruit taking a very different attitude, which I would have taken when I came to Dublin.

I do make the point, however, that in view of the predominant recruitment of gardaí from rural areas, a special effort should be made to attract persons who have grown up in urban environment. God knows it is not a great environment but there are things about it which can benefit the community in terms of understanding, in terms of community contact, in terms of different areas of tolerance and so on which could be contributed to by recruits from an urban area. I do not know how the Minister can handle this. I think it is a remarkable tribute to the Garda Síochána that men from so many widely differing backgrounds can operate in difficult urban areas, on occasions, and can do so with such tremendous competence and effectiveness.

Again, I want to deal with the question of the computerisation of criminal and other records. I appreciate the need for computerisation of police data. I appreciate the fact that the Garda Síochána may not get a computer of their own and may have to share it with another branch of the public service. I appreciate also the assurance given us by the Minister that the Garda section of the operation will be self-contained and that the Garda only will have access to stored information giving criminal records and the like. Notwithstanding this assurance from the Minister, I want to express serious concern about this development. I am in favour of the computerisation of criminal police records. I see no alternative to the sophisticated operations of any police courts but I am not entirely convinced that as yet within the community—both within the Department and within the Department for the Public Service—there are sufficiently agreed standards of protection for the records so contained. For example, I would commend to the Minister the strong recommendations of the Council of Europe in regard to the right of the individual that his records would not be made available to any unauthorised person. I would strongly recommend that that be investigated by the Minister.

(Dublin Central): It will not be made available to unauthorised persons?

It will not be made available but it is known that, notwithstanding the most sophisticated computer systems—even with the introduction of major programming fail/safe methods and so on— they have been broken. I think it important that the kind of privacy that has to operate, for example, in relation to the computer of the Revenue Commissioners whereby the income of 700,000 people, their personal private income details; their allowances; the number of children they have, and so on——

(Dublin Central): It can make mistakes at times.

I would not like to see any prospect of a situation developing—as it has in America— where there would be widespread access by a whole range of public officials to data such as the number of traffic violations of a particular individual; whether he has ever been checked out by the Special Branch; a little asterisk here and there on a feedout or play-back of a computer tape: to ascertain on how many occasions he has been out of the country: applied for an alien's permit; applied for a passport. It would be very simple in a room a fraction of the size of this area—and I have seen these police operations on the continent—to record a great deal of highly confidential data relating to almost every citizen. I believe that the police force have a perfect right to use computer data but there has to be the greatest care taken, the greatest protection for the citizen and the greatest prevention of any possible abuse of that information. While I accept the assurance of the Minister, I remember tabling questions to Deputy Colley in this regard in relation to the operations of other computers. I think, perhaps, some form of code has to be drawn up by the Government, by the Departments, to make absolutely sure that there can be no breach in that regard. I welcome the statement of the Minister so far.

I thank the Minister for his decision to approve the new scheme for the Garda station at Cabinteely. That station, which I pass regularly, was a dump. I am glad it is being improved and developed. I intend making further suggestions about other Garda stations in my constituency later. I do not intend to delay the House with local matters any further.

The section of the Minister's speech dealing with prisons was most heartening and impressive. His approach showed that he had very liberal views on this subject. His public image, through a combination of factors, may not have been fantastic in the past 12 months but, in my opinion, he is the most liberal Minister for Justice we have had in recent years. On the issues of family planning, landlord and tenants, adoption and ground rents, his overall attitude was liberal.

When discussing the prisons he showed he had a continued enlightened approach. Deputy O'Malley is to be commended for his efforts during his two-and-a-half years in office. We must press ahead with prison reforms. It is not fully appreciated by members of the public that an analysis of the social, family and educational backgrounds of those who are in prison, particularly of juvenile offenders, shows that even the very youngest, come from environmental conditions which very often are conducive to direct criminal behaviour. This is a very important point. Housing conditions in some urban areas are appalling. If social pressures are put on persons of low intelligence and poor educational backgrounds, is it any wonder that they finish up being sentenced to prison? Many prisoners are emotionally disturbed, but not perhaps to a degree where they may require normal psychiatric treatment. Many persons committed to prison are socially inadequate. We, as adults, tend to under-estimate the demands of young people in society. We tend to under-estimate the need for persons to read—a high proportion of those in prison today are illiterate. We tend to under-estimate the tremendous pressures on persons to develop their capacity of rapid calculation, to write, to learn to handle machines, to use telephones, to drive cars, or to have a trade. There are many people who are incapable, by virtue of their low level of intelligence, or deprived family background, or the appalling housing conditions in which they live, of responding to normal requirements in society. Society has itself to blame if persons of slightly below average intellectual endowment or a combination of that and deprived upbringing, finish up in prison.

A good deal of work can still be done in the training, retraining and employment of prisoners while they are in custody. I appreciate that in many cases they are in custody for only four or five months and sometimes less. Notwithstanding the efforts of the Department of Justice, a good deal of leeway remains to be made up in the area of work, training and education. We have not done half as much as we could within the prison system. A reasonable effort at educational development in prison and at obtaining work of good quality within the prison, is very good training. I am confident that if during his prison sentence a prisoner can be shown how to do a typical industrial job, even for a short period, he will have a better chance of taking up normal employment when he is discharged.

We all blanche at the thought of another committee. Committees are the bane of Irish reform. I advocate strongly the setting-up of an advisory committee for the employment of prisoners. The trade union movement could be called on to make a better contribution towards the employment of prisoners. Our teachers could make a more dynamic contribution. Visiting committees to prisons could be more deeply involved in the training and employment of prisoners. Employer organisations could also contribute in that regard. I suggest therefore the setting up of an advisory committee for the employment of prisoners in the State on, if necessary, a semi-statutory basis. This committee could develop work and training systems within the prisons.

I welcome the decision of the Minister and the previous Government in regard to the corrective training unit in Mountjoy. This is a tremendous step forward. A point might be made to the shame of Deputies, especially Dublin Deputies, that they do not go near Mountjoy——

(Dublin Central): Is the Deputy sure of that?

Not many of them visit Mountjoy. I am talking about Deputies from both sides of the House, with the exception of those who are on visiting committees and who are directly involved. They are to be commended. How many Deputies in the past 12 months have gone through St. Patrick's, into the women's prison, into Mountjoy and spent the day talking to prison staff? Very few.

(Dublin Central): It is hard to get permission to visit prisons.

It is not that difficult. I asked Deputy O'Malley to arrange a visit for me. He did, and I spent a day there. I learned a lot. I was shocked, particularly by the women's prison which is a disgrace to Christianity, not to mention parliamentary reform.

(Dublin Central): There is a proposal to build a new one.

Yes, there is. We are a little tardy in that regard. Somebody might ask the Minister at a later stage for details about women's prisons. Information on that subject was sparse in his contribution and I would strongly recommend that he elaborate on the matter in his reply.

In conclusion I should like to congratulate the prison staffs for the tremendous work they did in the past 12 months. I was pleased to learn that a further 70 prison officers are to be recruited because prison officers have been under an appalling strain in the last couple of years. A number of them are constituents of mine and I know of the strain they have gone through with almost permanent obligatory overtime. I am also aware that the training system for prison officers is just a training system in name only. They spend a couple of weeks here and there and do an induction course of four weeks duration, all of which is completely inadequate. It is miraculous that the prison officers have done such a fantastic job bearing in mind the inadequacy of the training course.

The teachers who go to Mountjoy and St. Patrick's are also deserving of congratulation. They have helped out greatly, particularly in the educational unit in St. Patrick's which is staffed by teachers from Scoil Eanna in Cabra. The work of these teachers should be availed of more frequently because they could make a more elaborate contribution. The Department are to be congratulated for the work they have done in the open centres, Shanganagh in particular. The work done there is very impressive but the visiting committee could be re-vamped and improved.

I should like to congratulate the Minister on a fine speech when introducing his Estimate. It was unfortunate that due to the pressures of publicity in other areas his speech was not widely reported in the newspapers but it was a tremendous contribution. The Minister, now that he has settled into his Department, will prove to be a fine Minister for Justice.

(Dublin Central): Does the Deputy think the Minister has a better image because of his improvement in television appearances?

We all cannot be brilliant on television and, with respect, carrying out a decent legislative programme is more important than competence on television. The Minister has the capacity but he needs the encouragement. He will do a fine job in his term of office. I say that not merely as a Member on the Government side but as one who has sympathy for the relatively bad image which the Minister may have had in months past. I know of his liberal, sympathetic and competent dedication to the job. He is more than capable of doing a good job.

(Dublin Central): I can assure the House that any remarks I make will be constructive and I have no intention of discrediting the Minister in any way. I fully appreciate the difficult task a Minister for Justice, irrespective of what party he belongs to, has. The Ministry of Justice is a difficult portfolio and one which warrants the very highest integrity. It is a very important Department.

The Minister, in his opening speech, said that his basic concern must be for the security and safety of the State and its institutions and unless the State and its institutions could be secured from attack no progress could be made in the field of economic and social reform. I agree with that statement and I assure him of my co-operation to ensure that the basic institutions of the State are protected.

On the question of crime, anybody resident in Dublin knows of the continuous increase in crime down the years. It seems to be an unfortunate situation that the more affluent we become the higher the crime rate. The Minister has informed us that in the year ending September, 1972, there were 39,237 indictable offences, an increase of 3.8 per cent. That is a substantial increase. I hope the Minister was correct when he expressed the view that this would decline, but the feeling I get, and the feeling of people living in Dublin is that crime is on the increase.

The report of the Garda Commissioner on crime shows that crime in the past ten years has increased out of all proportion. It is important that the Minister, and the Garda, should tackle this in a vigorous manner. I do not envy the gardaí in the task they have. They are doing an excellent job but I doubt if there are sufficient gardaí in Dublin to deal with this increase in crime. The Garda Commissioner's report stated that the crime rate in Dublin works out at 28 per 1,000 and in the country areas it is comparatively lower. It is obvious that more policemen are necessary to keep supervision in the city, especially in the areas where we have local authority flats. It is unfortunate that down the years local authorities took the view that these high-rise flats were a quick way of housing people but I doubt if they serve their purpose as far as being the proper place for people to live in. No consideration was given to the need to have proper playing facilities for the children.

It is obvious that the greatest part of our crime comes from these urban areas. Many of those guilty of crimes come from deprived backgrounds but when one sees and understands the background of some of these offenders one can understand the reason why they have embarked on a career of crime. They are living in bad conditions and quite often their fathers are unemployed. If we are to make any headway we must tackle this situation through the juvenile liaison officers. It is important that the number of these officers operating in the city be increased. A liaison officer can get to know the community, he can visit the youth clubs and the tenants' and residents' organisations. In this way we can prevent crime. I realise the duty of the policeman is to detect crime but much depends on the juvenile liaison officer if we are to direct young people on the right lines. Reference has been made to the numbers of visits made by the juvenile liaison officers to youth clubs and houses in the last ten years. It is necessary that we increase the number of such officers.

Recently I watched a television programme which showed the work of these officers in Scotland. They taught young people physical education and as a result of contact with them they won their confidence. We should concentrate on this aspect because in this way the crime rate can be reduced.

Frequently it is difficult for policemen to patrol areas containing blocks of high-density flats. There may be a certain resentment felt towards uniformed policemen who are patrolling these areas, but a liaison officer in plain clothes can get to know the young people and learn of their problems. Many of these young people have little education; they may not have a happy background and indeed, some come from deserted homes. A liaison officer may be able to encourage those young people to join youth clubs, to attend vocational schools and get training for jobs. In many cases the liaison officer has been able to place them in good positions. We read of many cases of housebreaking and other crimes but if the problem had been tackled at the beginning these crimes might not have been committed.

In the chart attached to the report to which I have referred it is stated that in 1963 there were 16,203 offences, while in 1972 there were 39,237 offences. In the course of ten years there has been an astronomical rise in the crime rate. We must ensure that persons and property are protected. In certain parts of the city people are afraid to go out at night-time and anyone with a knowledge of the centre city knows that after 10 p.m. or midnight it is not uncommon to see brawls between rival gangs. We know a special squad has been set up by the Garda Síochána to tackle this problem but anyone who runs a business in the city knows of the difficulties that exist.

It is apparent that there has been a considerable deterioration in the situation. I know it is difficult for policemen to handle this kind of situation but we must show these people they will not be allowed to get away with this kind of vandalism. They have shown a complete disrespect for property throughout the city, especially in the centre. I am glad the Garda authorities have taken a firm stand and have let these vandals know that this city will be a safe place in which to walk at night. I should not like to think we would become like some American city, and I have experience of one such place.

Breaking and entering private property is becoming increasingly common. It is bad enough where commercial property is concerned but I take an even more serious view of breaking and entering private homes. It is obvious the same protection cannot be given to private property which is especially vulnerable when people are away on holiday or, for instance, where the husband may be away at night-time.

I was speaking to a man recently who bought a colour television set prior to the installation of the communal aerials. At that time the special type of aerial for colour television was quite obvious. The man bought the television set on a Friday and it was stolen the following Monday while he was in his home. It is difficult to know what society can do in such matters. Householders have a part to play in preventing this kind of crime. Frequently when people go on holidays they forget to tell the milkman they they will be away and, consequently, it is obvious to anyone who has the intention of stealing that the house is empty. Some people draw the blinds but I do not think this is a very good idea. The fact that blinds are drawn during the day is an indication that the house is empty. The public must be careful in their behaviour and make sure that, by their actions, they do not encourage this kind of crime.

The Garda have had a very difficult problem in the last three or four years, perhaps more difficult than at any time in the history of the State. The police force in the city are doing a worthwhile job and their behaviour in very difficult circumstances is a credit to the force. This House should ensure that any necessary improvements for them are readily available. We depend for our security on these men but if they are not happy in their work we cannot expect a proper service. I agree standards have improved considerably in the past few years but they are entitled to every benefit. We need a considerable number of gardaí particularly in Dublin, especially when we see the crime rate in the built-up areas in comparison with rural Ireland. Many of the additional police who were recruited over the past few years have to be deployed along the Border, unfortunately. I would hope that when the Border question is finally resolved they will be able to concentrate their efforts in the cities and towns for the proper protection of the community. They now have a task which must be done and therefore they cannot be employed in other places.

It was said earlier today that a more extensive training course for the police is necessary. That is true. The course at the moment is not comprehensive enough and, by virtue of the time limit, I doubt that they are fully qualified to deal with a difficult situation in urban and built-up areas. I know the police force would welcome this extension. It must be difficult for a young boy who is recruited into the police force and who was never in Dublin before in his life, to find himself in Store Street, or Pearse Street, or Mountjoy, or Kevin Street, after a course in Templemore. They lack the knowledge a person living in the city has. It is difficult for a young policeman to go out on the beat never having lived in a city.

I am sure Deputies appreciate the problem of any young person who come to work in the city as a civil servant or in business. He finds it strange for the first five or six months and he does not have to parade in public and try to uphold the law. Even to live privately for the first five or six months in the city is difficult. It must be far more difficult for a young policeman to try to do his duty effectively in the more difficult parts of the city. By and large he has no choice about coming to the city because the biggest number of the new recruits are allocated to the urban areas.

When a number of new recruits are sent to Dublin they should be trained for the first five or six months in the easier parts of the city and phased in gradually to an urban society. They can then be moved around gradually to the more difficult stations. I have no doubt that the Department can easily pinpoint how the crime rate stands in various parts of the city where experienced policemen are needed.

The Minister said they are looking at the possibility of providing new police uniforms, especially in the summer. I know that a light uniform is available for policemen on traffic duty during the summer. In warm days the present uniform is rather cumbersome and heavy. A uniform in a light material and a light colour would be more appropriate in the summer.

Many of the police barracks in the constituency of Dublin Central are very old. They must have been built 100 years ago. I am talking especially of places like Kevin Street, Kilmainham and the Bridewell. I know it is a difficult problem completely to remodernise old structures. When they were built they were probably suitable. We all require improvements in our places of work and the police force are also entitled to an upgrading of the standards in their places of employment. These police stations could be up-dated and improved immensely. Certain improvements were carried out in Kevin Street and they are welcome, but improvements should also be carried out in the Bridewell and Mountjoy, which are also in my constituency. This would help the police force in their difficult task of combating crime and various types of hooliganism.

The public must be made aware of the important functions of the police force. In olden days they had a bad image. The public thought that the police were against them. They are now developing an awareness that the police force are there to protect and help the public. We must cultivate this new outlook because there is still a hostile attitude towards the police force in some sections of the community. We must try to build up a good public image for the police force. We must try to integrate the police force into the public at large.

The juvenile liaison section of the police force can build up a good image of the police. They can integrate into youth clubs and into homes. The figures given of the number of visits made by liaison officers are very encouraging. I hope developments along this line will show young people in built-up flats, and parts of the city where they are very liable to fall into crime, that we have a sufficient number of liaison officers to meet them and to encourage them to attend vocational schools and eventually find a position in life. If we do this we will certainly reduce the number of crimes.

Progress reported; Committee to sit again.
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