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Dáil Éireann díospóireacht -
Friday, 30 Mar 1928

Vol. 22 No. 19

ADJOURNMENT DEBATE. - POSITION OF OFFICIAL OF FISHERMEN'S ASSOCIATION.

I put down Question No. 12 on the Order Paper to-day because information came into my possession that the Minister for Fisheries has used his official position to secure the dismissal from employment of a man who was a political opponent of his. I would like to give the House full particulars about this case, because I think it raises issues of very great importance, issues which the Government must face. I think it will be able to establish that a very serious wrong has been done by the Minister, as a Minister, in this matter. In order that the House should get a connected story, I would like to go back to the General Election of June, 1927. For that election Mr. Lynch, the Minister for Fisheries, was a candidate in the Cumann na nGaedheal interest in the constituency of Kerry. One man who took an active part in that constituency on behalf of other candidates in opposition to Mr. Lynch was a person named Mr. Patrick Tuohy. Mr. Tuohy, as Deputies who study the newspapers are aware, prior to the polling day, was seriously assaulted in his hotel by members of the Civic Guard, for which he subsequently secured damages in the courts. I think that it will be found, when the whole story is known, that the physical assault which was committed on Mr. Tuohy during the course of the election campaign was only part of a general campaign, and that when it was found that the physical assault had not altered Mr. Tuohy's decision to oppose Mr. Lynch, another and a much meaner course of action was decided on.

I think that the best course I could take in order to put all the facts before the House would be to read for the benefit of Deputies a statement of the case contained in a letter sent on 6th August, 1927, to the Minister for Fisheries from Professor Culverwell, President of the Irish Fishermen's Association. Mr. Tuohy was an organiser in the employment of the Irish Fishermen's Association, and a conference summoned under the auspices of the Ministry of Fisheries had recommended some time previously that the Irish Fishermen's Association should receive a grant-in-aid from the Government.

Will the Deputy read the recommendations of the Conference on Sea Fisheries and see whether that is so? The recommendation is recommendation No. 13. It says:

"We therefore recommend that the Department of Fisheries be placed in a position to make a grant to the Irish Fishermen's Association or other approved body of the kind."

The actual recommendation of the Conference on Fisheries has very little to do with this case.

Why bring it in then?

I am bringing it in for the information of Deputies so that they will understand all the circumstances. As I said, Mr. Tuohy was an organiser in the employment of the Association, and because a recommendation had been made which implied, at any rate, that the Irish Fishermen's Association might get a grant from the Government, the Ministry of Fisheries could be considered to be in a position in which they could exercise very considerable pressure on the Association. The letter is as follows:

Dear Mr. Lynch,—Not having the opportunity of discussing the position re Recommendation 13 of the Conference over with you, as requested in my letter of the 3rd inst., I am putting on paper the situation as it appears to me. On going to the Department some weeks ago to inquire as to the prospects of implementing the Interim Report, Mr. Rush met me with an oral message from you to the effect that, "while I, personally, was to be treated with courtesy, I was, if I called, to be informed that you had given instructions that so long as the Irish Fishermen's Association employed Mr. Tuohy the Department was to have no dealings with it." No reason was given, but on inquiry elsewhere I found that Mr. Tuohy had spoken against your election for Kerry. I thereupon wrote to you to explain that Mr. Tuohy's action was in no way authorised by the Committee of the Association, and that he was, in fact, on unpaid leave of absence. I did this in the hope and, I may say, the expectation that when this was made clear the embargo on "dealings" with the Association would be raised.

You replied to the effect that you had never supposed I had anything to do with Mr. Tuohy's activities, and that you were sure I should understand and appreciate your action. I found myself unable to do so. I could understand that Mr. Lynch, as a private individual, might resent so strongly the opposition offered to his re-election by Mr. Tuohy, that he might refuse to have any dealings with the latter, in his private capacity, but I found myself quite unable to understand how Mr. Lynch, as Minister for Fisheries, whose function it was to promote the fishing industry, could refuse to have any dealings with an Association having the same object, an Association which, during my Presidency, had maintained amicable relations with the Department, and which, in the opinion of a conference appointed by the Minister, had done such valuable work, that it was unanimously considered deserving of a Government subsidy to enable it to carry on the work in which it was engaged.

As you had only referred to my position in your reply, I wrote again to point out that not only I, but the Association, had no responsibility for Mr. Tuohy's action, and that, though the latter had felt that when he was on unpaid leave of absence, he was at full liberty to exercise his undoubted rights as a citizen, I had spoken very strongly to him about it, because I felt that it was a very injudicious thing for him to do. Further, that I was in a position to assure you that, so far as the future was concerned and while he acted as Secretary and Organiser under the Association, you would have no reason to complain of want of cooperation on the part of the Association. In your reply, you adhered to your decision, giving as the reason, that Mr. Tuohy might be off duty and off pay on some future occasion, and might then repeat his attacks. This was not a reason I could accept as satisfactory. To my mind—and I wish to put it quite clearly—the only reason which could justify a Public Department in refusing to have any dealings with an Association would be, that the Association itself had, by its conduct of its business with the Department, put itself out of court.

As my object was to serve the interests of the industry, I, in replying, refrained from anything in the way of criticism, lest that might compromise the chances of coming to a satisfactory arrangement, and I discussed the matter with Mr. Tuohy before writing. We agreed that these interests would be best served by his resignation, and I wrote to inform you of this, going so far as to say that I did recognise that, holding the views that he did of the Department's activities in the past, it might be difficult to avoid friction if he remained in his post (for though confident that no friction would arise on our side, I felt that it might easily arise through action on the other side, a consideration which I did not then express, and only add now in justice to Mr. Tuohy).

It appeared to me that Mr. Tuohy's resignation must remove any possible objection you could otherwise have felt to implementing the unanimous Recommendation 13 of the Conference as to a State Subsidy. For it did not seem credible that you would first put pressure on the Association to dismiss Mr. Tuohy, and then, when you had attained your object, endeavour to break up the Association, by refusing to act on the Report of the Conference appointed by yourself. Yet that is the present position. For when, in the letter conveying the fact that Mr. Tuohy had written to me resigning his position, I put to you the same facts as those which I had put to the Conference—facts which showed that the Association could not carry on without a subsidy, facts which the Conference recognised were inevitable, and in consequence of which the Conference had unanimously recommended a subsidy. When I put these facts to you, explaining that I could not go on incurring fresh liabilities on behalf of the Association, but should have to resign if the refusal was persisted in, your reply was that in consequence of the "virtual demise" of the Association, you would not recommend the Minister for Finance to make a grant.

The next paragraph deals with matters concerning the implementation of Paragraph 13 of the Conference. As I said, I do not want to drag that matter across the matter contained in the question, and I will not read it. I would like to read the concluding portion, which states that: "Rightly or wrongly the fishermen have formed such an unfavourable opinion of the Department's policy and efficiency that any attempt on the part of the Department to organise them could only result in complete failure. Further, the action taken in regard to Mr. Tuohy, whose value they know so well, and whose devotion to their interests they appreciate so highly, together with the breaking up of the Association consequent on the refusal, if it be persisted in, to implement Recommendation 13, would create an atmosphere so antagonistic to the Department as to paralyse any efforts it made to benefit the industry."

I think from the facts as stated that it will be quite clear that the Minister for Fisheries was exercising his official capacity, his office as a Minister, to vent a personal and private spite which he held against Mr. Tuohy, who was an organiser of the Fishermen's Association. He did that although it had been pointed out to him by people in a position to make authoritative statements on the matter—a person like Professor Culverwell, for example—that the action he was taking was going so to antagonise the Irish fishermen towards the Department that the utility of the Department in the matter of benefiting the fishing industry would be destroyed. Subsequent to the date on which that letter was written there was another general election, and again Mr. Tuohy, exercising his undoubted rights as a citizen, went to Kerry and participated in the election there in opposition to Mr. Lynch.

And I again headed the poll.

Mr. Lynch again headed the poll. Mr. Tuohy was arrested under the Public Safety Act, placed in prison, and he was released subsequently. I do not want to refer to it, as the matter may be sub-judice, but he thinks he got proof that his arrest was illegal. In any case he was in prison, and as Mr. Lynch says, he was put at the head of the poll.

That explains it.

And thanks to Tuohy, both in June and September.

Of course, out of seven seats, four Republican candidates were elected.

Was it thanks to Tuohy, four Republicans were elected?

Thanks to Tuohy, I headed the poll.

And thanks to Tuohy, four Republicans were elected?

Four what? Four what?

The Minister has, no doubt, plenty of reason for becoming excited.

Not a bit. I am always amused at Deputy Flinn.

We have here fairly conclusive evidence that, as I said, the Minister for Fisheries has taken action which might well be described as corruption. Mr. Lynch as a private individual has, no doubt, a perfect right to score off Mr. Tuohy as a private individual in any way he likes within the law. But I say that Mr. Lynch, as Minister for Fisheries, had no right whatever to put any pressure upon an association with which his Department was dealing in order to deprive a political opponent of his livelihood. There have been mean things done in this country, but surely that is one of the meanest. We could understand Mr. Lynch arranging, if he did arrange, the physical assault on Mr. Tuohy in June——

The old game.

—and we could understand the illegal arrest to get him out of the way for the elections in September, but surely there are Deputies to-day, even some of the members of the Cumann na nGaedheal Party, who would not sink to this kind of action— using official authority to deprive a man of his bread and butter, which is something that I do not think the majority of the members of the Minister's Party would approve of. If Mr. Lynch cannot controvert these facts—and I do not think he can—if he cannot prove that every statement I have made is inaccurate, is, in fact, a lie, I think, in the interests of public decency and in the interests of the honour of Cumann na nGaedheal—if there is any honour in Cumann na nGaedheal—he should be asked to resign from the position he holds.

Put down a motion.

I think it is nothing to the credit of this country that a man who can take such action as that can hold Ministerial office. I am sorry that the President is not here, because I would like to put it very forcibly to him that his honour is affected, as well as the honour of the Government, by having a Minister who has taken such action. I want to give Mr. Lynch time to reply; I want him, if possible, to controvert the facts. I want him to give some explanation other than the obvious one that he wanted to score against a person who opposed his election and against whom he felt a private spite.

Perhaps it would clear the air if I read the question and the written answer to it. The question was:

To ask the Minister for Fisheries whether he made representations to, or exercised any pressure on, the Irish Fishermen's Association to secure the dismissal of Mr. P.J. Tuohy from the employment of that organisation.

The reply given by my Department, and submitted to me, I should say, a few times, was:

Having found that the chief executive officer of the Irish Fishermen's Association was engaging actively in work for a political organisation which was avowedly unconstitutional in its aim—that was before June, before they took the oath—I declined to deal with a committee which permitted its chief officer so to act. I have not, however, sought to maintain that attitude since the organisation in question decided to adopt constitutional methods. At the same time there is, in my opinion, the gravest objection to active participation in politics by a person holding such a position, as it can only result in splitting up the members of his organisation into rival political camps instead of concentrating on the objects of their Association and complying with their adopted motto: "Unity is Strength."

Whatever the Deputy may think, I do know that in that last paragraph there is horse sense from the point of view of any organisation that is attempting to achieve anything for any particular industry. In fact, when Professor Culverwell came to me after the writing of one of those letters that Deputy Lemass has read, and asked me if this was something to prevent Tuohy getting a job as organiser, I said: "I will put it this way, Professor: If any man was so tarred with the Cumann na nGaedheal brush in the way of being an organiser for an election campaign in an area where there was fishing, and if he was put up to me as an organiser, I would have to decline to sanction him, because it would be immediately dividing the fishermen into camps—the Fianna Fáil camp and the Cumann na nGaedheal camp."

That is very thick.

Well, if it is as thick as the Deputy I will leave it at that.

We could not swallow that.

I said that to Professor Culverwell. Professor Culverwell, as a matter of fact, is not a friend of mine. I have often told him myself that he has been as ignorant a critic of the Department as most of the other critics. I have said that to him perfectly candidly.

A good judge of ignorant critics.

If you take your hand away from your mouth, Jerry, I could hear what you have to say.

I said you were a good judge of ignorant critics, Finian. I have taken my hand away from my jaw now.

Well, put a sock in it.

I hope that that will be in the official records.

I made a proposition to Professor Culverwell in regard to the whole Association after the Fianna Fáil Deputies had come into the Dáil. I told Professor Culverwell that the situation had changed; that in regard to Tuohy that he was an organiser for a body which was acting against the Constitution, which was, if you like, a party to any action taken against the State. When the Fianna Fáil Party came into the Dáil, took the oath, and complied with the letter of Article 17 of the Constitution, there was a different position. I informed Professor Culverwell of that fact, and said I had no particular grievance against Tuohy. As far as I was concerned, he had done me a great deal of good in Kerry, because I know that fishermen in Dingle and Cahirciveen valued Tuohy at the estimate that I put on him. I told Professor Culverwell that there was a different situation, but that it would be entirely inadvisable to have him as an organiser going through the country. He might remain Secretary of the Association in Dublin, but that as an organiser, when selected by the body that I hoped would become the new Fishermen's Association, three men who had nothing to do with my Department, men like Dr. Kennedy of the I.A.O.S., The Seabhac who was Chairman of the Fishermen's Conference—when I said three I was thinking of Dr. O'Brien of the University—who have no connection with the Department, under the Chairmanship of Dr. Culverwell, when they came to appoint organisers, subject to my sanction, I would be very slow to sanction persons like Tuohy as an organiser, or any person who was a Cumann na nGaedheal organiser in any fishing district, because instead of creating any kind of cohesion amongst the fishermen they would be divided into two camps. That is my point. I stand over that very definitely. There is an attempt here—it was not made in the courts—to throw on my shoulders responsibility for what Deputy Lemass called physical assault on Tuohy in Kerry. I say I know nothing about that, but I know that if fellows are going around looking for trouble normally, they get it. I saw Tuohy at the Dingle meeting I addressed coming along when others were speaking and being protected by persons against whom he has since got damages in a civil action—protected because the fishermen of Dingle, and those who go security for loans for the fishermen of Dingle, wanted to chastise him as he might have deserved.

I suppose they were all on State pay?

A detective officer that the Court subsequently gave a verdict against, saved Tuohy that day from getting a very fine hammering from the fishermen of Dingle.

And that night went into the hotel at 12 o'clock and gave him a good hammering.

I make you a gift of that. The particular detective was an officer with a record that some people would be glad to have.

Not of that kind.

As far as the much meaner course of action is concerned, having failed apparently to kill Tuohy in Kerry, the suggestion is now that I wanted to deprive him of his job. The fact is that after the June election, once the Fianna Fáil Deputies came into the Dáil, had taken the oath we had all taken, and complied with Article 17 of the Constitution, I immediately informed Professor Culverwell that there was a new situation, and that that new situation created a different position as far as Tuohy was concerned. He was not then acting as a person out against the Constitution, and therefore I gave permission in my office to deal with the Fishermen's Association and with Tuohy. I make no apology for it. That is my position. If the Deputy likes I could say that the answer to the question on the Order Paper is in the affirmative, in the sense that I have said that, as long as Tuohy was acting for a Party which was out for destroying the Constitution of this country; out for creating trouble; out, if you like, to foster armed forces against the Government of the country—well then I would have great pleasure in accepting that position.

Might I point out to the Minister that the statement given to Professor Culverwell by Mr. Rush of his Department was that the Department was to have no dealings whatever with the Association while Mr. Tuohy was in its employ. Apparently the danger to the State of Mr. Tuohy drawing a salary was so great that the Irish Fishermen's Association was to be broken up by the Minister.

As long as Mr. Tuohy thought fit to advocate the unconstitutional policy that Deputy Lemass and Deputy de Valera advocated prior to the June election, or indeed for a short time subsequent to it——

The Dáil adjourned at 2.30 p.m. until the 18th April.

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