asked the Minister for Justice whether he is aware that at Ballaghadereen District Court on the 18th instant, James Fitzgerald, Joseph Regan and Daniel Scallan, all of Ballaghadereen, were prosecuted and fined, the former for not having road tax, and the two latter for not having drivers' licences while working on behalf of the Fianna Fáil organisation on polling day, 15th ultimo, and whether he will explain why similar action was not taken in the cases of drivers of cars who had no road tax or drivers' licences while acting on the same day in the same district on behalf of the Cumann na nGaedheal organisation, and if he will give an assurance that in future equal justice will be meted out to all irrespective of their political opinions in this particular area.
CEISTEANNA—QUESTIONS. ORAL ANSWERS. - BALLAGHADEREEN PROSECUTIONS.
I am aware that James Fitzgerald and Joseph Regan, both of Ballaghadereen, were prosecuted by the Gárda Síochána last month, the former for not displaying road tax licence and the latter for not being in possession of a driver's licence. Daniel Scallan was not prosecuted. In fact, he is the sergeant who was in charge of the case against Fitzgerald. That is how the mistake arose. No general hold-up for the purpose of detecting motor offences was arranged by the Gárda Síochána for the 15th ultimo, the date on which these offences were committed, but it is, of course, the duty of every member of the Gárda to take appropriate action when such offences come to his notice. In the case of Mr. Fitzgerald, Sergeant Daniel Scallan, who happened to be on duty outside a polling booth, noticed that no road tax disc was displayed, and instituted proceedings. In the case of Mr. Regan, the Gárda on duty at a polling booth was aware of the fact that Mr. Regan had been prosecuted and fined in July last for driving a motor car without having a driver's licence. The Gárda asked Mr. Regan to produce his licence, but he could not do so. Had similar offences by any other persons come under the notice of the Gárda the same course would have been taken by them. The Gárda Síochána will act in the future as they have acted in the past with strict impartiality as between all persons irrespective of their political opinions.
Will the Minister make inquiries if John Staunton and Thomas Phillips of Ballaghadereen used their cars——
The Deputy must not use the machinery of the Dáil to make accusations against people who may have done an illegal act. I suggest that to him. It is in accordance with commonsense. If it were done generally it would be deplorable. I think what the Deputy wants to ask is: Will the Minister act on information given to him?
If information is supplied to the Minister on oath, such as has been already supplied to the Guards, will he take appropriate action?
There are two questions together. I do not know which I have to answer. Does the Deputy bring any specific charge against the Guards?
No. The Minister is asked whether he would investigate certain information if supplied to him.
Certainly. If any evidence is produced showing a prima facie case a prosecution will be instituted.
Mr. BOLAND
If we can produce proof that the Sergeant of the Civic Guards actually advised certain drivers that if they drove for Cumann na nGaedheal on election day they could do so without interference, would the Minister act? That occurred in Ballaghadereen, and there was a similar state of affairs in Strokestown.
I am perfectly satisfied there is no truth in that allegation.