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Seanad Éireann debate -
Wednesday, 20 Jun 1934

Vol. 18 No. 26

Public Business. - Importation of Books.

I move:—

That in the opinion of the Seanad closer co-ordination is desirable in regard to the detention of books on importation under Section 42 of the Customs Consolidation Act, 1876 (39 and 40 Vic. cap. 36) and the censorship of books under the Censorship of Publications Act, 1929 (No. 21 of 1929).

To many, this may not be a matter of much concern but there is a substantial number of people with intellectual interests who have been very much affected and, I may say, annoyed by the lack of co-ordination in the administration of these two statutes and by their extraordinary inconsistencies and reactions upon each other. The House is probably aware that the Customs Consolidation Act of 1876 was the principal Act under which the importation of undesirable books was prevented until this country passed the Censorship Act of 1929. The Committee on Evil Literature, on whose report the censorship largely followed, said with reference to this Customs Act that it appeared to provide adequate powers to prevent the importation, publication, sale or distribution of any printed matter of obviously or grossly obscene character. In due course, that was not considered sufficient for preventing the importation of obviously obscene literature, and the Censorship Act was passed. I do not propose to say anything about the Censorship Act except to remark that it does not appear to hinder the curious and, perhaps, it does protect the innocent. Anybody interested in these books can get them and, probably, it does not matter what happens them. The inno cent cannot get them so quickly and they are protected. That is the law of the country and I am not making any complaint about its administration, but I should like the House to know what is happening under the earlier Act—the Act that was considered sufficient to prevent the introduction of matter obviously and grossly obscene.

From time to time, apparently with no central purpose and under no control, books are being held up under the earlier Act. My object in bringing the motion forward is to try to ascertain from the Government the policy under which that Act is administered because, to the ordinary outsider, there appears to be no policy. A book is held up at one port and allowed in free at another port. I want to refer to the case of a book published in January last. Its title is "Straphangers," and it was ordered by a certain person on reading a review in an entirely reputable paper—the Literary Supplement of the " Times." The review is not very long and I think, when I have read it, Senators will be satisfied that the book, at least, is not grossly obscene. I may add that the person who reported the matter had been talking to a friend of almost puritanical tendencies who saw nothing objectionable in the book, except that it is not a book to give to a school girl. There are few novels that one can give to the raw and entirely innocent school girl. The review says:—

"Miss James has taken for her characters seven regular passengers on the Edgeware-Elephant and Castle Underground Railway and follows them in the shops, houses, studios, and offices in which they work and back into their homes. The daily details of their lives are laid bare, their thoughts are set down and the tragedies and comedies are shown to us throughout one entire year. The travellers are varied in type and only in two cases do their lives become involved with one another."

That is a point to notice, whatever conclusions we may like to draw.

"There is a guard, a young man who is studying painting, a traveller in silk stockings—"

Not wearing them, I presume—

"two girl clerks, a lift-girl, and an old charlady. Miss James has departed entirely from the normal convention of narrative and, though the rather inconsequential style is at first a little trying, it is well suited to this book and is an interesting experiment. The subject is, undoubtedly, a little drab. Even with their little high lights, the lives of these workers are a study in grey, albeit a careful study. Miss James' thorough work cannot make this a cheerful book; indeed it appears that the motif she wishes to impress upon us is one of sacrifice. Each life has its ruling aim and in each life there is sacrifice for the master passion."

I do not know what that means. It may not please the person who stopped the book.

"This book certainly bears out the promise of the author's earlier work."

There is the case of a book taken at the port out of a number of books imported by an ordinary private reader— a consignment from an English library. I may add that the person importing this book has written several times in fact, once every week—to the Department of Customs for an explanation. All that came back were postcards in Irish—no explanation whatsoever.

Was not that an explanation ?

Which, on being translated by a neighbour in the Gaeltacht, said the matter was receiving attention. No further attention was given the matter. I now want to call attention to a more curious case—the case of a book entitled "The Postman Always Knocks Twice." Of course, we all know that postmen do other things than knock. It has been the experience of most of us that they generally asked for money. The postman, in the old days, used to be a rather pleasant association with those who were away. Now the question is always "What does he want to-day," and the family run round and say "Have you got a sixpence or a shilling to serve the postman's needs?" That is by the way. It is interesting to know that while this book, "The Postman Always Knocks Twice," has in certain cases been stopped—my information is quite authoritative—it is yet appearing in serial form every day in the "Daily Express." That shows an extraordinary lack of any central directing policy in this matter. I may add that neither the "Straphangers" nor the "Postman" has yet been censored.

There is another book entitled "The Five Silver Daughters," whatever that may mean. That book has been stopped again in a haphazard fashion at certain ports. But so far as my information goes, it has not yet been censored. The only conclusion that we can come to from all this is that an individual Customs officer can act as he sees fit. If a Customs officer is curious and wants to read a book himself, he can dive into a parcel and take what he likes, but the owner of it appears to have great difficulty in getting any information as to why the book is being detained. He gets a postcard in Irish and a promise that the matter is receiving attention. This is a really serious matter though I admit it has its humorous side. If there is to be this hidden censorship we surely ought have the right to be told by what method it is to be regulated. Is there some central authority studying these books, and are certain instructions sent out to the Customs officers as to the books that are to be stopped? How does that policy which, presumably, being a Customs matter is governed by the Minister for Finance, square up with the policy of the Censorship Board which is under the Department of Justice? The matter is really very aggravating. This is one of the minor aggravations that make life in this country very annoying to sensitive people, perhaps of leisure and of taste, who do not want to carry on a perpetual wrangle with the authorities. I hope the Minister will give us an explanation of the policy under which these books are stopped by Customs officers, and under what conditions the books can be released. If they are not censored, should there not be some redress for the person who has suffered a lot of inconvenience?

This is a somewhat difficult and unusual type of matter for me to deal with. The question of co-ordination between the two Departments can be answered easily. There is co-ordination and co-operation between the two Departments. The chief grievance that Senator Sir John Keane seems to suffer from at the moment is the result of an ancient enactment that is still in existence: The Customs Consolidation Act, 1876. This Act gives power to the Customs people to examine and to remove anything in the nature of obscene literature or other material. The actual terms of the Act are:—"Indecent or obscene prints, paintings, photographs, books, cards, lithographic or other engravings, or any other indecent or obscene articles." That is an inheritance from 1876 and is still in existence. I do not think there will be any tendency in this country to remove that inheritance.

I am not asking that.

Very good. We then come to the question of co-operation. What happens? When a Customs officer removes one of these books under the powers of that Act if, in his opinion, that book is obscene he can hold it and retain it and forward it to the Censorship Board. The Censorship Board will then rule on it. But, meantime, he acts on his own judgment. He is acting within his rights in preventing that book from being delivered. Now we are not at the moment, I take it, discussing the merits or the defects of the Censorship Board. Senator Sir John Keane may feel that the censorship is undesirable and that such a thing should not exist. But we are faced with the fact that the Censorship Board does exist, and I think there will be very little tendency amongst the people of this country, or on the part of responsible members of the Oireachtas, to remove the Censorship Board or to abolish the censorship.

I have not asked for that at all.

I am explaining to the Senator the conditions under which any book such as he referred to is held. It can be held up by a Customs officer, acting entirely on his own discretion, under the Act of 1876. It can then be forwarded by him to the Censorship Board, and the Board can give a ruling on it. Senator Sir John Keane mentioned a particular book. One page of it has been pointed out to me. I would say that if any book might come under the censorship and be excluded from this country, leaving aside the abstract question of censorship altogether——

I mentioned three books. Which one is the Minister referring to?

"Straphangers." I think that was the book the Senator was primarily interested in, and if any book might be considered to be brought under the censorship, I think that book certainly might, and leaving aside, as I was saying, the abstract question of censorship which does not arise at the moment. Senator Sir John Keane mentioned another book, "The Postman Always Knocks Twice." I understand that this book has been excluded. I suppose, now that the Senator has knocked the third time, the paper he refers to will also be dealt with. I do not know that I have anything more to add. The co-ordination and the co-operation that the Senator seems to want is already in existence. The Censorship Board and the Customs officers work in co-operation with a view to making the censorship more complete.

What about the "Five Silver Daughters"?

I do not think that this is so much a matter for co-operation between the two Government Departments as for consideration by the Government as to whether they would not omit from the Act of 1876 "books." At the time that Act was passed there was no censorship of books. After all, when a Customs officer receives a parcel containing a book he has no real opportunity of judging the nature of the book. Therefore, I think it would be very much better if the Act of 1876 were amended by striking out the word "books." The position then would be that if a Customs officer stopped a book it would come at once within the jurisdiction of the censorship which is very strict.

When the Censorship Act was passing through the Seanad I feared that what is now happening would occur: that individuals would have entirely different opinions on this subject, because opinions vary very much, and that some very stupid things would be done. I feared that some books perfectly sensible and reasonable would be rejected, and I think that is the case. I am a subscriber to a circulating library. When I asked for certain books I was told that they were not allowed to issue them. But I have since read them, and it was perfectly absurd to stop them. There was nothing wrong in them at all. I do not know how in the world people can find anything to object to in some of the books that are not allowed to come through. There are certainly numbers of books that have been censored that are far more moral and respectable than nearly any of our original writers—Shakespeare or any of the others.

Cathaoirleach

We cannot go into that now, Senator.

What we are primarily concerned with at the moment is the inconvenience that is caused to the public. We are not concerned with any particular book. I am sure that Senator Sir John Keane only mentioned a number of books in order to bring out his point about the inconvenience that is being caused by the present method of dealing with books coming in here. I noticed that when the Minister was dealing with the question of co-operation as between the Customs officer and the Censorship Board he used the word "can." The purpose of this motion is to get some explanation of the delay that takes place when a book is held up by a Customs officer. I take it that what is wanted is that, when a Customs officer forwards a book to the Censorship Board that it will deal with the book there and then, and that a prompt answer will be sent to the person from whom the book has been seized. That is the real question at issue—to put an end to the delay that takes place at present. That is the kind of co-operation that Senator Sir John Keane is pressing for. His complaint has nothing to do with any particular book.

My information is that the lady concerned—I do not want to mention names—was advised on the 26th March, the date of the seizure, that the book had been detained under Section 42 of the Customs Consolidation Act, 1876. She was later informed, on the 14th May, to the same effect in a letter from the Revenue Commissioners' Office which set out the terms of the section. Senator Sir John Keane may feel that the action taken was not as prompt as it might have been. I am not in a position to speak for the Department, but in my opinion the delay was not unreasonable, considering all the circumstances. With regard to the point made by Senator Brown as to the desirability of removing from the Customs authorities the power conferred by the 1876 Act and of concentrating all authority so far as this matter is concerned in the Censorship Board, I am not in a position to speak off-hand on that, but I will mention it to the Minister for Justice. So far as I know, I do not think the Senator's suggestion would be practicable or possible because all sorts of matters come through in parcels which the Customs authorities have to deal with. Some of these might be pornographic, and it might be desirable to exclude them from the country. Therefore, I think that the authority of the Customs officers in this matter will have to be maintained, but, as I have said, I will ask the Minister for Justice to look into it. I do not see any possibility of that restriction being removed. It has not been removed elsewhere.

I do not want to pursue the question of the correspondence between my informant and the Department. I have the letter here that was written when the original seizure was notified. My informant writes: "I have been unable to get any redress from the Customs officers about my seized book, which is said to be obscene and indecent. That is over two months now and I have written once a week to the Secretary at Dublin Castle. The only reply I got was one postcard entirely in Irish which, as I was in England, I could not get translated. I have since ascertained that it indicated that my letter would have attention. About three weeks later I received a postcard saying the same thing in English." Then on the 16th May something happened. It is rather interesting that this discussion should have taken place, because we now know from what the Minister has stated that any individual Customs officer can exercise his own discretion and seize any book which, on the face of it, is neither obscene nor pornographic. The Customs officer gets a book, opens it and looks into it and if he sees a passage in it that he does not like he sends it up. I suggest that is not a reasonable way to act in a matter of this kind. There should be some provision for a central authority to examine these books and hold them over preparatory to censorship. But to let each Customs officer act, at once, as his own inspector, does seem absurd. It is no doubt legal but it really seems an absurd and grotesque method. It would be his duty to do that if he was dealing with an obviously indecent and pornographic work. In the case of the book the "Straphangers" I think it has not been censored yet. Is the party who wrote it to have the book back if it is not censored?

I should think so.

I hope the owner will receive the book back if it is not censored. I do not intend to pursue the matter further and I ask leave to withdraw the motion.

Before the motion is withdrawn may I say that Customs officers have even more responsible duties put upon their individual shoulders on this and other matters than what the Senator thinks. How is a Customs officer to know whether a book is objectionable if he is not allowed to open and read it ? We know all the books that come in are not read by the officers. But the officer has, implicitly, the power to hold up any particular book or to take one book out of 50 and examine it. I do think it is unreasonable to say that the Customs officer is vested with any undue power in that. The Customs authorities have a right to hold up any book at the time it comes in. In the case of this particular book I will say they were quite justified in holding it up according to the law.

Motion by leave withdrawn.
The Seanad adjourned at 4.50 p.m. until Wednesday, June 27, at 3 p.m.
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