asked the Minister for Defence whether he has received a complaint from, or on behalf of, Mr. Patrick Kilkenny, farmer, of Bundarragh, Carrigallen, Co. Leitrim, in which it is alleged that his house was visited by two men in plain clothes at 1.25 a.m. on the 9th March, 1925, one of whom was armed with a revolver; that on Mr. Kilkenny's refusing to accompany these men to the roadway they threatened him with a revolver and endeavoured to force him to do so, though he was dressed only in his night attire at the time; that Mr. Kilkenny succeeded in taking the revolver from the man who held it, and afterwards escaped from the house, remaining outside until they departed; that troops in uniform visited Mr. Kilkenny's house next morning and recovered the revolver; that the officer in charge has been identified by Mr. Kilkenny as the armed person who visited the house on the previous night; whether an investigation has been held into Mr. Kilkenny's complaint, and what has been the result of the investigation.
CEISTEANNA—QUESTIONS. ORAL ANSWERS. - LEITRIM RAID.
I have received a complaint on behalf of Mr. Kilkenny. It has been ascertained that Lieutenant Smith, acting on a requisition from a sergeant of the Gárda Síochána, accompanied the sergeant and another guard, with a small party of troops to the house of Mr. Kilkenny in a search for armed men who were believed to be hiding there. Mr. Kilkenny made a violent attack on Lieutenant Smith, and fled. Lieutenant Smith did not lose his revolver in the struggle. Next morning a member of the Gárda and that officer called on Mrs. Kilkenny merely to assure her that her husband was not being sought for on any charge.
Mr. O'CONNELL
Could the Minister say whether, when these officers visited the house of Mr. Kilkenny, they informed the occupants that they were members of the Army and the Gárda Síochána? It is alleged they did not do so.
I think it was plainly to be seen that they were soldiers in uniform. The Army went there to protect the Gárda, and the officer was in mufti.
Mr. O'CONNELL
But there was nobody in uniform the night before; that is the allegation. Has the Minister inquired into that point?
I have not. The facts are that Lieut. Smith was not in uniform, but the party that accompanied him were, and he did not lose his revolver on that occasion.
Mr. O'CONNELL
Had the occupants of the house any opportunity of seeing the party in uniform which accompanied the officer, or were they outside on the road?
I am informed there was a struggle and that Mr. Kilkenny tried to take the revolver from Lieutenant Smith, and the military on the road outside had to come to the assistance of the lieutenant.
Mr. O'CONNELL
The question I asked the Minister was whether the officer took any steps to inform Mr. Kilkenny that he was an officer of the law, and was there any reason for his visit at 1.25 a.m.?
I think there were very good reasons for the visit at that time, although they did not succeed on that occasion. When they knocked at the door they told the person who answered it that they were officers, both army and police officers, and they were admitted within three minutes.
Can the Minister say whether it is the instruction that definite authority shall be presented by any person visiting a citizen's house and purporting to be acting on behalf of the State?
I think that question should be addressed to the Minister for Justice.
Does not the Minister see that it is essential, especially when men go in plain clothes, that a definite warrant should be presented— a definite authoritative warrant should be shown to the owner of the house?
Officers of the army do not go on their own initiative to make any searches, but to protect the Gárda Síochána in a search. They must be invited by the Gárda Síochána to accompany them for protective purposes.
If officers are delegated on an order for any such duty, would it not be expected of them that they would be in uniform while on duty?
Perhaps it would not be out of order if the Minister for Justice would say what the position of his officers is with respect to authority being shown to persons whose houses are visited?
The visit in question was primarily a police visit in search of certain persons. Whether or not a warrant is necessary would depend on the particular case, and would depend very largely on the offence in connection with which the persons are sought. This case is one that I have some slight information about. If the Deputy will put down a question, I will get further particulars. My trouble is that I do not know the offence for which the persons were sought to be arrested.
My point is not in respect of the particular offence, but as to some authority that the members of the Army or the Gárda Síochána would show to prove to the citizen that they had a right to enter his house, especially when such an officer is in plain clothes?
The Gárda officers in this case were not in plain clothes. So far as the military were there, they were requisitioned by the Gárda, and they were there simply for the purpose of protection.
Mr. O'CONNELL
Is it the case of the Minister that in this particular instance these men who entered the house in the first instance were in uniform, because my information is that none of them were in uniform?
If they were in mufti they were members of the Detective Branch of the Gárda Síochána.
Have they general instructions that they must produce their authority?
They have general instructions that they must announce their identity to the parties on their visit.
Announcing their identity is one thing and producing an official sanction, order or authority is another thing. Can the Minister say whether the members of the Detective Branch of the Gárda Síochána have instructions to produce some sign that they are in fact officials of the State?
Yes, there are general instructions to that effect whenever their identity or their warrant is called in question, or whenever their word on the matter is not accepted. On calling to a house for the purpose of search or arrest their first step would be simply to announce who they were, or what authority they had. If that authority is questioned they have the means of establishing it beyond doubt.