Dáil Éireann díospóireacht -
Friday, 7 Nov 1924

Vol. 9 No. 11

QUESTION ON ADJOURNMENT. - AMNESTY RESOLUTION.

The PRESIDENT

This is a copy of a resolution which has been passed by the Executive Council and which, in the opinion of the Executive Council, ought to be placed before the Dáil:—

"The Executive Council, being aware that large numbers of persons have been or are likely to be apprehended in respect of crimes committed or alleged to have been committed by them during the period hereinafter mentioned and having considered the reports of police and other officers responsible for the maintenance of law and order, is of opinion that no useful purpose would be served by the institution or continuance of prosecutions in respect of criminal acts committed or alleged to have been committed between the 6th day of December, 1921, and the 12th day of May, 1923, in any case in which it appears that the act was committed or purported to be committed in connection, directly or indirectly, with the state of rebellion and public disturbances created by the recent attempt to overthrow by force the lawfully established Government of Saorstát Eireann (including the Provisional Government), whether such connection arises from the act having been or purporting to have been committed in the course of the said rebellion and public disturbances or in aid or furtherance of the same or in the course or in aid or furtherance of the suppression of the said rebellion and public disturbances, and the Executive Council hereby declare and puts on record its considered opinion that the highest interests of the State and the promotion of the reign of law and order now happily restored would best be served by the responsible officers of the State discontinuing or refraining from instituting criminal proceedings in any such case as aforesaid, and, so far as it lawfully may so do, the Executive Council directs all officers of the State concerned in the administration of the law to act in accordance with the views hereinbefore expressed."

Mr. JOHNSON

Might I ask the President if it is not a logical corollary of that statement that persons who were arrested and have been charged and are now in prison in respect of similar offences should be released?

Mr. O'HIGGINS

It does arise in connection with that resolution, and a limited number of cases that seem to arise reasonably in that connection are at present under consideration.

Mr. JOHNSON

But cannot the Minister say quite definitely that all cases which arise in that connection should be released? There is, on the one hand, a man who was successful in escaping arrest, and on the other a man who was not so successful. In the second case the man is being imprisoned, and in the first he is running no risk of imprisonment.

Mr. O'HIGGINS

I have no hesitation in saying quite definitely that a survey of the present prison population will be made with a view to seeing what cases reasonably come within the terms and scope of that Resolution, and the obvious action will be taken in these cases.

General MULCAHY

Perhaps it would be well if the President said what is the significance of the date, 12th May, 1923.

The PRESIDENT

That is the date for compensation in respect of either property or personal injuries, which was, properly speaking, fixed as the date on which it could be reasonably said that disturbances came to an end. Persons who had property destroyed during the period would get compensation, if their property was destroyed before the 12th May, 1923. At that time we had an examination of such damage and, generally, we came to the conclusion that the 12th May, 1923, was a reasonable date, and has been so fixed in the Act, that is, as far as compensation for damage to property and compensation for personal injury are concerned.

General MULCAHY

Why I raised the point is that it is my recollection that it is only a few days before this so-called "Call off of the War Order" was issued by Mr. de Valera, and I think we ought to appreciate the terribly unfortunate position in which a large number of young people in the country were put by the fact that, while washing his hands and standing inside what he called a wall of glass, Mr. de Valera was understood to be supporting this particular type of war, and we know the type of leadership that he gave, in an occult kind of way, to a large mass of misled and misdirected young people. It is quite possible that the aftermath of that ran over, in small groups, or even with individual people, into a period of a month, or two months, or three months subsequent to May, 1923. I think that everybody would wish in cleaning up this particular period that it should be thoroughly cleaned up, and that no odd cases would arise that would drag on that particular period, or drag on the feeling that was aroused in different parts of the country through the followingup of cases that some people say were actions taken with a patriotic purpose.

The PRESIDENT

As it stands, this particular date, I think, is something like a fortnight after some announcement was made that the disturbances were to cease. Now, we have got to fix a date; the date that is fixed is a generous date. Major operations had long since ceased, if there were ever such things as major operations, and I think that in fixing a date we were practically committed to fixing the same date in respect of this as we fixed in the case of property and of personal injuries. It is a very big act on the part of the Executive Council, big in all its bearings; it is a very serious act. I suppose that in the whole course of its existence it never did an act more serious than this, and one which evilly-disposed persons might canvass for a lengthened period. In that respect I think that we had no option but to fix this particular date, and even though there were misled and misdirected people who misconducted themselves after that date, I think that the law has its own claim on them and that they must subscribe to the law of the land.

General MULCAHY

I quite appreciate the bigness and the generosity of this action on the part of the Executive Council.

The Dáil adjourned at 3.55 p.m. until 3 p.m. on Tuesday, November 18th.