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Seanad Éireann debate -
Thursday, 24 Feb 1944

Vol. 28 No. 12

Censorship—Motion (Resumed).

Debate resumed on the following motion by Senator Sir John Keane:—
That the Seanad invites an explanation from the Minister for the Co-Ordination of Defensive Measures in regard to the attitude adopted towards the censorship of the book entitledThe House of Gregory.

At the outset, I should like briefly to refer, because of the interval that has elapsed since the motion was before the House, to the legal aspect of the censorship. This subject was adverted to by the movers of the motion, and certain aspects of it were glossed over in a rather cursory manner. I intend to dilate somewhat on these. The legal position, apparently, is—I shall use non-legal language in dealing with it—that the censorship is established under Emergency Powers Order, 151, and that the relevant provisions for books are Articles 4 and 5. Article 4 provides for the seizure of published matter whenever an authorised person—that is to say, the Minister—is of opinion that such matter comes under any or all of five different headings. Article 5 provides that, whenever matter proposed to be published, has been submitted to and has been approved of by an authorised person, no seizure can take place. Now, the time-table we have as regards this matter is, in the main, that given by Senator O'Sullivan. I ask your patience while I advert to a couple of items in it because they have a bearing on the legal aspect.

The galley proofs were sent to the Censor on the 18th June, 1943. They were returned, marked "Passed by Censor," with certain passages marked "Stopped by Censor," on the 29th June, 1943. The proofs were again asked for on the 22nd July and were returned on the 14th August, 1943. Finally, the book was published on the 20th October. The case which was made, from the legal aspect, was in the main—I do not see Senator O'Sullivan here but I think my resumé of the case will be a fair one—that the author and publisher of the book, having complied with Article 5, had estopped proceedings for the seizure of the book. In other words, the Censor's power to seize the book was at an end. Senator O'Sullivan contended that he was functus officio. Then, he went on to say that the Minister, because he was estopped, out of spiteful petulance —those are his exact words—proceeded to prevent the sale of the book by every means in his power. Senator Kingsmill Moore, dealing with the same aspect of the matter, elaborated that theme. He painted a picture of a person being encouraged to spend money, being told by responsible people that, once he had done certain things, the book would be free from any attempt at seizure while, later on, the same responsible people who had encouraged him to spend good money on the book, came along saying: “we will step in now and kill it.” Senator Sir John Keane was somewhat more careful. Being an older parliamentarian, he knew that he was on very thin ice and he skated over it rather gracefully and adroitly.

I was never accused of being graceful before.

The elephant has been described as "a graceful bird." Senator Sir John Keane said that the Minister's action in respect of this matter was definitely illegal.

Is the Senator quoting from the official report?

I do not know that I used the words "definitely illegal." Would you mind giving me the reference?

I shall.

I have found the reference now. The Senator is right.

The Senator got it more quickly than I could have got it. It is a case of being hoist with his own petard.

What I said was: "Whatever the lawyers may say, I consider the Minister's action as definitely illegal".

I suggest that this interruption was most unseemly.

It was by way of request to the Senator. I was about to ask the Senator if he would give way to Senator Sir John Keane.

May I say this: whether my stay in the House be long or short, Senators will find that any statements I make will be proved to be correct. What are the facts about the censorship of The House of Gregory from the legal point of view? The book we see here is not the book that was passed by the Censor. Not only was additional matter, not previously submitted to the Censor, introduced into the book, but matter that had been deleted by the Censor was re-inserted in the book. Senator Sir John Keane admitted that, but it was glossed over and suppressed as a rather unimportant factor in the whole question of the censorship of the book. Because the book had not complied with Article 5, the Minister had still his powers of seizure. In view of the tone of the debate and the remarks made by Senators, I very much regret he did not use the powers he had and seize the whole of the 1,000 books. That disposes of the charge made against the Minister that he acted illegally. To use Senator O'Sullivan's words about the British people, it was simply because the Minister himself was a fair-minded man that the book was not seized.

I come to another aspect of the matter to which I want to draw the attention of the House. A letter written by Browne and Nolan to the Censorship Department contained these words:—

"Before publication, we submitted the book in galley proofs formally to the Controller of Censorship, who passed the work for publication, subject to certain suggested amendments, all of which were, of course, gratefully accepted and carried out."

Later, in the same letter, they say:—

"Had we been advised by the authorities, when the proof pages were submitted, that the publication was thought to be against the principles of the State, it is unnecessary to say that we would have loyally abided by that decision and not proceeded with publication."

For sheer effrontery that letter beats me, if words mean anything. The reason I refer to it is this: I am not in the habit of attacking people who cannot reply, but a member of this House is a director of that firm and he can reply to the question I am going to put now: is the firm which wrote that letter—the managing director uses language that is untrue —because of the importance of the subject about which the letter is written——

Á Senator is not answerable in this House for action taken by Messrs. Browne and Nolan.

To have the matter clearly seen, would the Senator be allowed to finish his question?

The matter has gone somewhat beyond The House of Gregory.

On a point of order, the Senator's question and sentence, with their implications, had gone so far that I submit the Senator ought to be allowed to finish them before we get on to any other type of discussion.

I have ruled that a Senator is not answerable for any action taken, or letter written, by Messrs. Browne and Nolan. Therefore, Senator Hearne cannot proceed on those lines.

I accept your ruling. There is no doubt that the letter contains statements that, within the knowledge of the writer, were not correct. Senator O'Sullivan went on to deal with the stopping of reviews of the book. Anybody with an open mind will have to admit that, in view of the fact that this book did not completely comply with Article 5 of Emergency Powers Order, No. 151, the Minister could have seized the whole issue. Therefore, the charge against him of doing something definitely illegal falls to the ground. We come to the stopping of the reviews, Senator O'Sullivan said that references to the Black-and-Tan period in the book were incidental and that, in any review that chose to mention it, they would almost certainly be incidental. Senator Sir John Keane adverted to the possibility of the book being objected to on the ground that it might stir up old feelings about the Black-and-Tan period. Senator O'Sullivan, dealing with that point, used the words I have just quoted.

Again, what are the facts? The review read out here by Senator O'Sullivan, which, we were told, was refused publication in one of the daily newspapers, contains 115 lines of the Official Report, 44 of which have reference to the Black-and-Tan period—the Croke Park affair and the Kevin Barry story. If 40 per cent of a review is to be described as "incidental" to the whole review, then I confess I do not know the meaning of the word. If that is an indication of the accuracy of other statements made by Senator O'Sullivan, then his sole justification would be what was said at one time about a rather well-known English politician: "I am the Marquess of Curzon; I am a most superior person." On the last day we had an exhibition of what might be described as intellectual snobbery, with quotations in the original from the classics. I felt sorely tempted when Senator O'Sullivan swept out of the Chamber, with his quotations still ringing in my ears, to say: "Dixi"—"I have spoken; there is an end of the matter; everything that could be said has been said."

It was suggested that the censorship here was conducted on very different lines from the censorship in Great Britain. We were told that Hansard was not censored. Be that as it may, it is certain that the authorities in Britain, if they fear that members of either House of Parliament may make dangerous statements, take jolly good care to safeguard themselves by dumping them into internment camps. M.P's and members of the House of Lords are interned in Great Britain. We are told, too, that the newspapers are free there to publish what they please. That may be but they take very effective steps to prevent newspapers from being published. There is not much use in giving the editor of the newspaper liberty to publish certain things if you prevent the paper from being printed. That has happened within the past fortnight in Great Britain. Some of us have heard of "The Daily Worker"—that, despite Senator Sir John Keane's reminder to the Labour Party that they themselves might fall under the blue pencil of the Censor.

I come now to what really actuated me in rising—the reason behind all this criticism. It is difficult to use temperate language having regard to the position which at present exists in this country. We know that, around us, the greatest war the world has ever seen is raging. Yet, we have motions like this, suggestions that things are being done that should not be done without advertence to the fact that this country is neutral, that the people of the country desire it to remain neutral, that it is the Minister's duty and the duty of the Government, or any other Government that might be elected to see that that neutrality is maintained and that our people are not thrust into this horrible mess because of a barrage of propaganda on the part of a very small section in this country. That is the real reason for this motion. I feel strongly about this matter and, because I do so, I think it is as well to call a spade a spade.

There is a small section who want to see one particular belligerent win this war. That small section is divided into two parts. One small part of the minority believe that that particular belligerent is waging a just war and, for that reason, are supporting her. The larger part of that minority who favour one particular belligerent do so simply because it is that belligerent that is at war and not because of the merits or demerits of the case. I am very much afraid—to revert again to Senator Donal O'Sullivan's words, when he confesses his inability to get at the real reason for the suppression of the reviews of this book—that I shall have to try to get behind the minds of those who put down this motion, and shall have to say that I am convinced, in my own mind, that at least two of them are determined, as far as they can and as far as it lies within their power, to use even the machinery of this House, in which they have the privilege to sit, and to use every means at their disposal, to rush us and to rush the rest of the country, who want to remain neutral, into this unholy conflict. I make the charge——

I should like to know, Sir, whether subsequent speakers will be allowed to follow up that argument, because it opens up a very wide field for discussion.

I suggest that the Senator himself started this. He is getting his own medicine back now, so let him take it.

No other Senator would be so childish.

We shall have to be careful that the debate on this question does not range over the whole field of world politics.

I should like to protest against the Senator's remarks, in view of the fact that the leaders of every Party in both Houses of the Oireachtas have stated that they stand for the neutrality of this country in this war, and that has been stated over and over again.

It is just because of that fact that I wish to protest vehemently against the efforts of any small section to prevent that policy from being carried out and put into operation. That is why.

Perhaps I might be permitted to say that the examination of the motives of people who put down motions for debate is a very dangerous line to take. I am saying that in quite a friendly way to the Senator, but I do suggest that to enter into an examination of the motives of people who put down a motion, or to say that, for instance, this motion is put down for the purpose of bringing this nation into the war, is very dangerous, and it certainly is very had to believe that such would be the case.

The Senators who moved the motion used language that draws this reply from me. I would also suggest, as a further indication of what is in the minds of these people, that the proposer of the motion, and two of those who spoke in favour of it, having demanded an explanation with regard to this matter and not being satisfied with the explanation given by the Minister, went on to pillory the Minister and to pillory the manner in which the powers of censorship are exercised in this country. Does anyone really believe that matter contained in a book published at 15/- is going to have the same effect on the public mind as matter contained in a newspaper which is published every day and which is read throughout the length and breadth of the country? I do not think so, and I think that that is a justification for allowing this and not allowing the same or similar stuff to appear in the daily newspapers. It is very interesting to see the way in which the Senators concerned were anxious to defend themselves against the charge of insincerity and dishonesty that I made against them— very interesting, indeed. It is very interesting also when we remember that one of them served a particular belligerent very well in the last war, that another of them served a particular belligerent in the last war, and that the third acted, despite all his protestations about the liberty of the Press, as a Press Censor in the last war.

I never had any difference of opinion with the Press.

Press censorship was all right then, evidently, because it was exercised against the interests of this country, but now, when our own Government and our own people are prepared to exercise censorship and to see that it is exercised on behalf of the ordinary common people of this country, it is something very objectionable and something which should not be tolerated. In other words, we are not fit to do what was done 20 years ago on behalf of those who mis-ruled us for so many years. There has been in the past, as we all know, rather long and honourable association, in a way, between the British Navy and Irishmen.

The press-gang.

Yes, the press-gang; that is what I am coming at. In 1798 many thousands of Irishmen were impressed into the British Navy, but there was no need to impress Senator Donal O'Sullivan into the British Navy to fight for the rights of democracy.

I wish to protest, Sir, against this line of argument. Personal attacks of this nature have nothing whatever to do with the motion before the House, and I protest against them.

The Senator made an attack on the Minister.

Provided that the Senator's arguments are relevant, I cannot rule him out of order.

Very well, I am satisfied, Sir, if that is your ruling.

It is obvious that this is irritating to some people.

There is a reason for it.

At least there is this: that those of us who come up from the country, knowing the feelings of the people, are determined to see that people who put down motions like this and use them as a weapon to try to force the country, probably unthinkingly, into a certain line of action, will be prevented from doing so, and I, personally, shall use all the machinery and all the power that my position as a Senator in this House gives me to prevent them from doing so. The unity that exists at the present moment in this country is very dear to me.

I may say that I have met people, with whom I have not talked for years, as a result of the unity that has existed in this country since the war started. We are united and determined on this: that we will keep together to preserve the neutrality that we know the whole country wants. I want to do nothing and I shall say nothing, and if I can I shall prevent others from doing anything, that would endanger our neutrality, and I say that it is the bounden duty of the Government to prevent others from upsetting that position by allowing controversy to take place which might split the people from the top down. As I say, because of that unity, I have spoken to people who have done very great harm to me and to those dear to me, and if the people who put down this motion are honest, then I suggest that they can prove their honesty by admitting and stating emphatically that they will not continue along a line that, in my opinion, would lead to the disruption of unity and thereby leave the country open to the worst that could possibly happen, which would be falling in on one side or the other in this particular war.

I must say I was a little bit surprised by Senator Hearne, because I felt at the time that Senator Sir John Keane and Senator O'Sullivan were speaking on this motion that they were confusing, very much, two entirely different points. I am afraid that though I listened to them, and though I read with care in the Official Report both speeches after the debate, I found nothing in them to suggest to me, at any rate, that there was in either of their minds any question of endeavouring by this motion, or by a discussion on it, to involve us in the present conflict.

I think, however, that it was very undesirable, and I say so with respect, that they should have confused what are two entirely different questions. The first question is what I might perhaps describe as the political question, as to whether or not the matter in this book should or should not have been suppressed. I have not read The House of Gregory and I have no intention of reading it, and do not propose to discuss for a moment here in this House whether the book should or should not be suppressed, or whether the review which was read out should or should not have been suppressed. Still less do I propose to suggest—this might perhaps be understood—that the real purpose of this motion should have been to raise the censorship question, because if that was the real purpose, then the whole question of censorship should have been raised in a far more direct manner.

What I do want to say is purely on the question of procedure in this case and in other cases. So far as I can understand the facts, and I do not think the Minister contradicted them, the proofs of this book were submitted to his Department in the ordinary galley forms, and having been submitted to his Department, the Department returned those proofs with certain amendments and stated that the book could be printed with those amendments.

Some time later, the Department called again for the proofs, and I differ very violently from Senator O'Sullivan's suggestion that it was a very reprehensible thing to call again for the proofs. If the Department decided, even at that stage, that a mistake had been made, so long as nobody had been harmed in the interval, I can see no objection to recalling the proofs to consider the question again. So far as I can ascertain, there had been no additional expense incurred in that interval, and therefore, no interest had been harmed. But then, having again passed the proofs, we find that this step was taken by the Minister, that the man who had laid out his money in printing this book in good faith, was prevented from being able to get back that money. I am not going to question the wording of a review because I say this, that the Minister could have quite easily, if he wanted to deal with the matter, deleted such portion of that review as he considered objectionable, and have refused to allow that portion to be published. Where I find myself in real conflict with the Minister on this question of procedure is on his refusal to allow the publication in The Bell of the fact that the book came from Browne and Nolan at 15/-. I cannot see what possible harm that would have done. I cannot see what possible controversy it could have started and I cannot see either, if it started a controversy, why the Minister could not have shut down, and shut down very properly, on such a controversy.

My whole reason for rising at all to discuss this motion is to protest against the manner and the procedure in which this particular censorship has been adopted in this case, with a view to ensuring that people in the future who are allowed to expend their money will not be prevented from getting it back in the ordinary way. The Minister in his reply had one sentence towards the end: "I am sorry that the publishers concerned do not seem to have been fully aware of the law and of the Emergency Powers in this matter." I would very much like to hear from the Minister some enlightenment as to the law of which they were not aware, because, so far as I can find out, the only law for them is to submit the proofs and when they submit the proofs they can publish what has been passed by the censorship. It seems to me that there ought to be a clearer procedure in the censorship office in the future, so that when a man is allowed to go to a great deal of expense, he will be permitted, unless he is warned, to get back that expenditure through the ordinary channels, unless he is warned exactly how he would be prohibited from using those ordinary channels.

Let us take it for a moment that that warning is not given, as it was not given in this case, and afterwards the Minister, in his position as the Controller of the Censorship Department, decides that it is unwise to allow the man to go ahead as he had originally intended. That is what he decided in this case. If the Minister decides that, then I entirely agree with him that the question of inconvenience must not be allowed to override the security of the State, but, if inconvenience means also monetary harm to an individual, then while that inconvenience must be suffered, I suggest it is up to the Government to reimburse that individual for the mistake made by the Government Department in the first instance.

I want, too, to refer to another point. That is the question of the censorship of the agenda of this House. We are not in this House merely to give effect to our own opinions. Neither are Deputies in the other House there merely to give effect to their personal opinions. We are all here to give effect, so far as we can, to the opinions of the people we represent, and I would suggest to the Minister that it is quite impossible for us to know the opinions of the people we represent unless the business on which we are to be asked our opinion is published in the daily Press. I am not going to suggest that the Minister is incorrect in prohibiting an editorial, or something like that, but I am suggesting that it is an abuse of the privileges of this House to prevent the agenda being published and that unless the agenda of this House is published, it is impossible for the members of the House to obtain the opinions of those people we are supposed to represent here.

I think that is a point as well as the question of procedure which should be considered very carefully by the Minister and which should be considered clearly by this House, and may I say, finally, that in my opinion, one of the great things that has come out of this emergency is the spirit of unity among the people and the spirit that we got from the voluntary defence services, that we were willing to consider Irishmen for what they are to-day, and not for what they were otherwise. So long as men are of the right Irish outlook at present, it should not matter what their outlook had been before. I think that spirit is not quite frankly assisted by going back into the antecedents of members of this House, or members of any other House.

I feel that if the Minister needed any justification for his attitude in connection with this book, or the reviews of this book, it has been very fully supplied by the last speaker, Senator Sweetman. Senator Sweetman rises up in wrath at the idea that certain things were not allowed to be published, and he gives it as his reason that it is impossible for members of the House to get the views of the people they represent if certain things are not published in the Press, such as the agenda of this House. That is just the same sort of line as the line taken by the promoters of this motion, that a controversy should be started in the Press.

On a point of order, I was quite specific in pointing out that the Minister should only shut down on editorials or controversy about the agenda.

The Minister should shut down on the editorials but he should not shut down on publication of items from the agenda? To my mind that means the same thing. If you are going to have the agenda in the papers and to get the views of the public on any particular part of the agenda, surely it means that you must have a controversy at the cross-roads? If you want to get the view of the people, you must go around to attend after-Mass meetings. I am nearly ashamed to admit that I read The House of Gregory——

Did you pay for it?

Unfortunately, I did.

You should be ashamed of it.

That was before the debate started in the House. I hope the Senator will forgive me, and I will forgive him. I believe that people are inclined to take this book too seriously. The Minister told us that it was largely an attempt by an old man, in the evening of his life, to give his family experiences in what he regarded as a good light. Having read the book, I am convinced that he did his best in the first part of it. He started off by raking up his family history and he made a fairly good job of it, but I hope that he was sailing a little nearer to the truth in the first part of the book than he was in the second part of it. In my opinion it is absolutely devoid of any semblance of truth so far as the history of this country is concerned. It contains one inaccuracy after another. There are statements made which I personally did not regard as of any consequence at all, but when I moved around I met people who were directly interested in them. We will take, for instance, the one case in which he deals with the Croke Park massacre, the name we know it by. He says:—

"Hogan was pointed out to the marksman, who put his rifle to his shoulder, pressed the trigger, and Hogan dropped dead. One of his companions exclaimed: ‘What a damned fluke!'‘Was it?' he replied, ‘Watch the ball.' Up till then very few people were aware of the drama which was being enacted before their eyes and the ball was still in play. As it bounced across the field the marksman again raised his rifle, fired, and the football collapsed literally like a pricked bladder. The crowd now fled in terror across the field, mingling with the players, and effectually screening them from the Crown forces. Seeing that there were many women and children amongst the spectators, the officer in charge ordered his men to cease fire.

"Even if this story is true, I am quite sure that the orders did not emanate from any responsible official, military or civilian, in Dublin Castle. It may be wondered why Hogan was marked down for special attention. Some months earlier two policemen had been shot dead in Tipperary, and as it was suspected that one of their assailants was named Hogan, it was thought possible that the football player of that name might be the wanted man. It was an unlucky name to bear at that time, for several Hogans were shot ‘unofficially' in the hope that one of them might be the guilty man, but as a matter of fact the real culprit got clean away to America while the going was good and his unfortunate namesakes suffered for his crime."

Is that the kind of stuff that Senator Sir John Keane, Senator O'Sullivan and Senator Kingsmill Moore would like to have placarded all over the papers? Would they like to have a repetition of what we had at that particular period? Other people might say it is of no importance at all. It may be of little importance to Senator Kingsmill Moore, Senator O'Sullivan or Senator Sir John Keane, who have a different outlook on this particular period and who had no connection, so to speak, with the people whose names are mentioned in this book. I happen to be in a very different position.

I knew both the man who was shot and the man who was supposed to have been shot, according to the book. The man who was shot was a very near neighbour of mine. The man who, as stated here, is supposed to have fled to America did not flee to America. He stayed in this country and took part in the fight against the British until the last shot was fired. His name, and the names of others like him will live in the pages of the history of this country when the names of Gregory, Senator Sir John Keane, Senator O'Sullivan and Senator Kingsmill Moore have passed into oblivion. In generations to come, so long as the history of this country is written, the name of Seán Hogan will shine down in its pages like a star. He went out in the struggle when he was a mere boy—he was called "The Kid"—to face the forces of the British Empire, single-handed on many occasions. His rescue at Knocklong is legendary and will always be recounted by the firesides at Tipperary, yet here we are told in this silly book by an old man that he got away while the going was good. He did nothing of the kind. I think that this book, to borrow a phrase from Senator Kingsmill Moore, was written by a bird of passage. He referred to the Taoiseach as a bird of passage. This book was written by a bird of passage and the people backing up this motion are birds of passage in this country.

I like that.

Birds of passage, I repeat. The only thing I can say is that this book reminds me of many others of its type. There was another book with the strange title of The Real Ireland, written by C. H. Bretherton. It is rather a famous book written by a man who came here, and passed through this country on his way home to write all about it. We have hundreds of these books and these people will stand up and say they are Irishmen. They are only legally Irishmen. They live within the walls of the British colony and can never possibly see outside it. They look upon this particular struggle which took place in this country as a civil war. In other words, they hold that the British and ourselves are all the same people. We claim we are a distinct nation, and for 700 or 800 years our ancestors have fought in every generation to prove that one particular fact and to keep that spirit alive. We are here to-day in the position in which we are, not because of the actions of Senator Sir John Keane, Senator O'Sullivan and Senator Kingsmill Moore, but because of the actions of men like Seán Hogan and men like Frank Aiken, men like all those other men who came out to fight for their country, like Senator Hayes, like General Mulcahy——

That was the last one.

Yes, the last person mentioned.

He is lucky to be where he is.

If everyone did his best, he would not be.

I believe that the people who have made those speeches do not realise what they are doing.

We do perfectly.

What did he say?

The Senator said: "We do perfectly."

If he did, it is all the worse because he has not even a fool's licence. Does he want people to stand up at the cross-roads or write to the papers, and the Minister to allow these letters to go through, declaring that things described in this book are wrong while other people will reply to that by saying that that is the proper story? Like Senator Hearne I believe that I am really neutral in this matter. I do not want to divide the people, to split them up or to have them on one side or the other.

Might I suggest that as it is now 4 o'clock the Senator would move the adjournment of the debate.

I move the adjournment of the debate.

Debate accordingly adjourned; to be resumed later to-day.

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