asked the Minister for Justice if he is aware of reports (details supplied) that he has circulated a blacklist to all potential employers in State and semi-State bodies of people who should not be employed by them; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Employment Blacklist.
89.
I am grateful to the Deputy for drawing my attention to this report and by his question affording me an opportunity to contradict the implications in it.
The fact of the matter is that the law of the land, in section 34 of the Offences Against the State Act, 1939, provides that a person who is convicted by a Special Criminal Court of a scheduled offence is thereby disqualified for a specified period from holding any appointment that is remunerated out of public funds.
As I have said, that is the law of the land, and Government Departments and State bodies and local authorities have, therefore, a clear and serious obligation not to employ people so disqualified and should they do so individual officers would be liable to surcharge. Consequently, those Departments, State bodies and local authorities are entitled to be told if applicants for employment are disqualified. This information is available from my Department which has the function of keeping criminal statistics. This has been the position since 1939.
Can the Minister reconcile this situation with what I understand is the Constitutional position in relation to individual rights?
That is a separate question.
There seems to be a contradiction here.
Question No. 90.
All I can say to the Deputy is that the law on this is quite clear—that a person who has been convicted of disloyalty to the State is not entitled to be paid by the State.