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Dáil Éireann debate -
Wednesday, 11 May 1983

Vol. 342 No. 5

Private Notice Questions. - Personal Election Broadcast.

Deputy Gregory-Independent will read his Private Notice Question to the Minister for Justice.

asked the Minister for Justice if he is concerned that a candidate, Mr. Eddie Gallagher, has been denied his right by the prison authorities to an election broadcast on RTE and if he will make a statement on the matter.

I do not accept that a person serving a sentence of imprisonment has any right to a personal election broadcast.

I am startled by the Minister's reply. Can the Minister clarify the position? Does a prisoner not have democratic rights? I understood that RTE had agreed that this prisoner would have the right to an election broadcast and that there was some mix-up with the prison authorities. It now appears from the Minister's reply that it was a calculated decision by the Department of Justice to deny the prisoner that right. Is that in fact the case?

If the person in question has any dispute he can take the matter to the courts.

I hope it will be possible to get an answer to my question. I am simply asking the Minister if she can tell me if it was a decision of the Department of Justice to deny this candidate an election broadcast?

I can only repeat my answer to the question: the Minister does not accept that a person serving a prison sentence has any right to a personal election broadcast.

I know you are not happy, Sir, about Deputies repeating the same question continually, but I do not see the point to Private Notice Questions or any questions if a Minister fails or refuses to answer them. I know you do not have any control over the Minister, but finally I will ask a simple question again and hope that in the interests of the House the Minister will see fit to answer it. Was it a decision of the Department of Justice to deny this candidate, Eddie Gallagher, the opportunity to make an election broadcast on RTE?

The information the Deputy has asked for is not available. I would refer him to section 51 of the Electoral Act, 1923, which disqualifies any person for election to the Dáil who is undergoing a sentence of more than six months at hard labour or who has been sentenced to penal servitude for any term. In Mr. Gallagher's case the sentence recorded was imprisonment. At the time this was regarded as being false imprisonment and this is now a statutory one. The person in question has the right to bring his application to the courts.

Finance Bill, 1983. Deputy Enright is in possession.

I must accept your ruling not to accept my Private Notice Question but I am very worried about the prevailing school transport situation. I wish to raise on the Adjournment the matter of the thousands of Irish school children who have been refused access to compulsory education.

The Chair will communicate with the Deputy.

I wish to protest against this unjust application——

What is the unjust application?

The unjust application of the prevailing conditions——

I have only just learned that you denied this Private Notice Question. As there are so many difficulties being experienced throughout the country——

The Deputy is out of order.

I feel we should be allowed——

The Deputy knows he is out of order. Finance Bill, 1983.

I would like to ask about the hundreds of kids throughout County Meath——

I had to adjourn the House earlier and I hope I will not have a repeat of the performance. Will Deputy Hilliard resume his seat?

An bhfuil aon fhreagra le fáil againn——

Tá an Teachta as ord. Deputy Moynihan is out of order.

Cad tá le thárla do na céadtha páistí scoile——

The Chair will be forced to adjourn the House again unless he gets order. This has been reduced to a farce.

This is a very serious matter.

The Chair has ruled and if there is any further attempt to challenge that ruling the Chair will adjourn the House.

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