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Dáil Éireann díospóireacht -
Tuesday, 28 Nov 1922

Vol. 1 No. 31

QUESTION OF PRIVILEGE.

Before we pass to the Orders of the Day there was a question of ruling on a matter of privilege that I wanted to bring before your attention. When this Dáil last rose a certain question came up with regard to the shooting of four men. I was not in the Dáil at the time and subsequently on reading the debate—both in the press and in the official debates—I notice in both places that some words were used that appear to me to reflect upon the case that was to be tried the following day—the case of the late Mr. Erskine Childers. I do not desire to confuse this matter by introducing any question of names, so that it may not be said that a question of party or a question of personalities entered into the matter in the least. I am aware also that it might be held that the reflection upon the case to be heard was of a nature that might possibly be allowable, although it is true that the reporters of one of the Dublin papers declined to print the sentences that were used in the fear less the privileges of this Dáil might not protect that paper from an action for contempt of court. That did occur in one of the papers and it shows that the thought was present at least in the minds of others than my own. I have the actual quotations here, the actual references here which presupposed that the case to be tried had been tried and that the person was found guilty and was about to be executed. I do not quote the exact words, I do not refer to the speeches, because I want to keep the question as purely and as abstractly as possible upon what I submit to be a breach of the privileges, perhaps even a breach amounting to a perversion of privilege. I would like to think that there would be some method taken whereby this Dáil would come to the conclusion that whereas it was itself the only judge of anything said here, and that all matters referred to here were subject to the privilege that it extended over these words, nevertheless anything that reflected upon the case to be heard in a Court of Justice and still sub-judice would be called to order and would not be permitted to be proceeded with. It is a matter that I think is of some importance as touching the dignity of this Dáil and the dignity of its debates. And I would like to bring it before you in order that there may be ruling, that such comments in advance of a case were not comments that should be made. I am perfectly sure that the words were used in inadvertence and I am assuming that in advance, and for that reason I am not quoting them here. But just as a matter that requires some kind of decision I like to raise it here now.

I have had no notice of this very important question of privilege on which I am asked to rule without consideration. I should prefer to look into the matter and make reference to it perhaps tomorrow. I think the matter should be now closed lest we have a debate on it.

What is the matter that is to be closed? I am at a loss to know what it is.

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