andMr. Moore asked the Minister for Justice if he is aware of the grave public disquiet and resentment regarding the imprisonment of Dómhnall Uas Ó Lúbhlaí; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Imprisonment of Citizen.
32.
I am glad to have the opportunity of making a statement about a matter that has been the subject of a considerable amount of misunderstanding. A picture has been presented that Mr. Ó Lúbhlaí had to go to prison because gardaí or court officers refused to use his correct name. That picture, as will be seen, is a distortion.
In the answer, I shall be referring to the English and Irish forms of Mr. Ó Lúbhlaí's name. This is for convenience of reference only, and I fully recognise his right to use one name exclusively and to repudiate any attempted translation or other modification of it.
The case in question began nearly two years ago, in June, 1972, when a traffic warden noted an alleged parking offence. This was followed in the normal course by an inquiry to the relevant registration authority, namely the Westmeath County Council, as to the name and address of the registered owner. I understand that the registration authority do not keep a record of such queries and that, in accordance with the normal practice of the Garda Síochána, the query form was scrapped when the subsequent court proceedings had finished. However, I am informed that, in a book kept by the registration authority for recording new registrations, the name of the registered owner of the car in question is given in an English form and only in that form. Moreover, the garda who dealt with the case states that he is quite satisfied that he did not alter the name as supplied by the registration authority, and it would have been contrary to explicit instructions for him to do so. In addition, the Garda have in their possession a corresponding query form that was completed in regard to a later alleged parking offence in which the same car was involved, and in that case an English form of the name is used in the reply by the same registration authority.
All the indications are, therefore, that it was the English form of the name that was given to the gardaí by the registration authority. I am not, of course, answerable for registration authorities but, for the information of the House, let me say that I understand that the application made to the registration authority for the registration of the car bears the Irish form of the applicant's name and is so signed, but that the other particulars, including the address, are given in English.
These communications which I have mentioned between the Garda and the registration authority took place in July-August, 1972. Subsequently, in accordance with standard practice, a formal note concerning the fine-on-the-spot was sent to the registered owner as named by the registration authority and, when that note was ignored and the fine-on-the-spot not paid, a summons was issued in the normal way and, of course, the same name was used. The summons, too, was ignored and a fine was imposed by the District Court. This was in December, 1972. The fine was not paid and in due course a warrant was issued and Mr. Ó Lúbhlaí was committed to prison. A few days afterwards, the outstanding fine was paid.
Arising from this narrative of events, there are a couple of points I would like to make clear. Firstly, it has been hinted, and even directly alleged, that the fine was paid anonymously and that in reality it was paid surreptitiously by my Department. As was stated in a Press release issued by my Department, the fine was paid by a person who identified himself. As the accuracy of this was challenged, Mr. Ó Lúbhlaí was informed by my Department, by letter dated 30th April, of the identity of the person who paid the fine.
The second point is that, as far as can be ascertained—and I understand that Mr. Ó Lúbhlaí accepts this—he did not at any stage, either orally or in writing, get in touch with the Garda or the court office to say that anything was amiss. It was only when the warrant of arrest was being executed, that is to say, when he was actually being arrested, that he raised any point and even then the arresting garda clearly understood him to be referring to the warrant being in English rather than to the form of his name. The garda concerned rightly concluded that he was not entitled to refrain from executing the warrant at that stage.
In these circumstances, it will be clear that at no stage was there any attempt, direct or indirect, by the Garda or by court officers, to deny Mr. Ó Lúbhlaí's right to have court documents addressed to him in the only form of his name that he wishes to have recognised. It follows that the suggestions that have been made that it was necessary for him to go to prison to vindicate that right are without any foundation.
I think the Minister has established that Mr. Ó Lúbhlaí was registered with the Westmeath County Council as Domhnall Ó Lúbhlaí.
No, what I said was that the application form for first registration, having being completed in English, was signed Dómhnall Ó Lúbhlaí, but the reference book that was apparently used by Westmeath County Council and from which they supply the names to the Garda contained the name "Donal Lovely".
In other words, the registration authority translated the name——
Could the Minister indicate the number of officers who subsequently went to arrest Mr. Ó Lúbhlaí and to imprison him, and the amount of time which all this took?
It all would have been avoided if Mr. Ó Lúbhlaí had indicated at an early stage of the proceedings that they were amiss because of the wrong form of the name being used. With regard to the other part of the Deputy's query, one officer went to arrest him; when Mr. Ó Lúbhlaí indicated that he was not prepared to go, this officer summoned help, and I understand there were two other members of the Garda together with the original officer, three in all.
Would the Minister——
A final question.
I have asked to question yet.
Would the Minister accept now that it was an operation that should have been avoided by his Department?
No, I am afraid I cannot accept that. However, in saying that, I concede without any cavil whatever, any citizen's right to have documents from the State in Irish. The documents in this case were not in Irish because, the name as furnished by the registration authority to the Garda was the English form of the name. The Garda were entitled to accept that and to carry on from there on that premise. The Garda did that, and, I submit to this House, are not in any way blameworthy as a result.
Could I ask if the Minister is satisfied that a person cannot be imprisoned because he insists on having his name in Irish on any document. Whether it is in respect of a parking fine or anything else? We were a bit uneasy about this man being imprisoned when he protested very vehemently. The fact was that he insisted upon the charge being made in Irish and his name being written in Irish.
The first time that Mr. Ó Lúbhlaí made any protest was at the very final stage of the legal procedure, on the execution of the warrant. He had received two documents earlier than that, the form C.P. 62 drawing his attention to the illegal parking and subsequently a summons asking him to attend at the district court. He ignored both of those documents. If he had chosen to make his protest at either of those stages the matter could have been rectified. Without in any way taking from his right to have his name in Irish at all stages, he brought a lot of this on his own head by not taking the necessary steps when he got the first and second documents.
Could the Minister state if it is usual procedure to translate names in Irish into English in registration offices?
I would not think so but, as I said, I am not answerable for what goes on in motor registration offices. The only reason I can suggest why this happened was that the person in question, being a local, may have been known locally under the two names and some person entering the name into a second book may have used one of the alternative versions of his name. It was unfortunate that the wrong version of the name came to the Garda but that is something over which I have no control.
May I ask the Minister if the local authority have apologised to an tUas. Ó Lúbhlaí because of the fact that they translated his name into English, gave the English name to the Garda?
As I say, I am not responsible for what goes on in motor registration offices.
The remaining questions will appear on tomorrow's Order Paper.
I would like, with your permission, to raise the question of the local authority engineers' strike on the Adjournment.
I will communicate with the Deputy.