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Dáil Éireann díospóireacht -
Friday, 17 May 1929

Vol. 29 No. 18

In Committee on Finance. - Vote 31.—Office of the Minister for Justice.

Debate resumed on motion: "That the Estimate be referred back for reconsideration." (Mr. Ruttledge.)

I have very little to add to the remarks which I made last night on this motion to refer the Vote back for reconsideration. In making the few additional remarks which I have to make, I wish to say that we on this side of the House consider that this debate is likely to prove one of the most important which will take place here this year. We consider it of paramount importance because we are a Party that desire the restoration of normal and peaceful conditions in this country. We desire the restoration of peaceful conditions here, not merely as citizens who are anxious to foster industrial development and to end the evils of economic depression and unemployment, but also as a Party because we realise that the achievement of our Party aims can best be brought about by removing all the barriers that exist in the way of peaceful progress towards the national ideal. The barriers of hate and bitterness, which were created during the Civil War period, are blocking the national advance and we, almost alone apparently in the country, desire to remove them. The impression has been left on our minds, and on the minds of those whom we represent throughout the country, that the members of the Government and the Cumann na nGaedheal Party, some of them at any rate, are deliberately endeavouring to keep alive that hate and bitterness in order to serve their Party ends.

We do not believe that the restoration of normal and peaceful contions is possible until all possible shadow of doubt as to the non-political status of the police force has been removed. We realise that a large number of the members of the Civic Guard, probably the great majority of them, have the right attitude towards their duty but that the Minister for Justice has the wrong attitude and that it is his attitude which will ultimately influence the whole outlook of that force. I made reference yesterday to the fact that he appears to exalt as an ideal member of that force the man who is most active and, in many cases, most irregular in relation to those who are the political opponents of the present Executive Council. The state of affairs that exists in this country to-day is, of course, very largely due to our recent history. I think, however, that all those who really wish to serve the interests of the country desire that that state of affairs which exists should be ended. If there was a general desire amongst all parties to end that state of affairs and to restore that respect for the ordinary law which is essential for its proper enforcement, we would have a very different attitude on the part of the Minister for Justice to that which he has taken up in the past. I must say, of course, that the Minister for Justice is not the only offender. Practically every Minister has endeavoured, both inside and outside the House, to misrepresent the attitude of Fianna Fáil towards the Civic Guards as a force and towards the question of the maintenance of public order. Ministers have endeavoured to leave the members of the Civic Guard under the impression that the Fianna Fáil Party is hostile to them, as a force and as individuals. I do not know whether they consider it to be in the public interest that that impression should be created, particularly when we have taken advantage of every occasion offered to us to make our position clear. We are not hostile to the Civic Guards as a force. They are entrusted with the responsibility of enforcing the law and we want to see them made a force that will be effective for the performance of their duties and a force in whom the people of the country can have confidence and can respect. They cannot become such a force unless the attitude of the Ministry undergoes a fundamental change.

Members of the Executive Council have repeatedly, by implication and direct assertion, attempted to convey to the people the idea that Fianna Fáil and those whom they represent sympathise with crime. The Minister for Agriculture has repeatedly stated here and outside that the Fianna Fáil organisation, as an organisation, is associated with what he calls a conspiracy to murder. I want to ask the Minister for Justice if he really thinks that it is in the public interest that statements to that effect should be circulated, and that the impression should be created in the country and outside that one-third of the elected representatives in this House, and 500,000 adult voters are associated with and in sympathy with what has been described as a conspiracy to murder. If he is convinced, as I am sure if he reflects for a few minutes he will be, that it is quite the reverse in the public interest that these statements should be made, will he exercise whatever little influence he has on the Executive Council and on the Minister for Agriculture to cease making these statements? I am making this assertion because I know that the Minister for Agriculture can produce no evidence to substantiate his statements. If he will speak in this debate I know the line he will take.

I hope not. The Minister for Justice only is involved in this Vote and not the Minister for Agriculture.

I hope not also, but I am indicating the line which he will probably take.

This is a Vote for the Ministry of Justice, and the Minister for Justice is not responsible for the speeches of the Minister for Agriculture.

I wonder is the Minister for Agriculture?

That may be asked on another occasion.

In any case it is the function of the Minister for Justice to see that justice is done and that order is maintained, and I do not think that he would be properly fulfilling his duties in seeing that justice was done, that order was maintained and that the law was respected, unless he succeeded in suppressing the Minister for Agriculture.

It is true that the campaign on which Ministers have been engaged in misrepresenting the attitude of the Fianna Fáil Party has received the support of the daily Press. We regret that. We regret that responsible organs of opinion should deliberately go out of their way to convey the idea that the attitude of the Fianna Fáil Party is other than it is. As I have said, I want to make it quite clear to the Minister for Justice and to every member in the House that we desire peace and we desire respect for the ordinary law. We want conditions in the country which will make it possible for us to achieve our political and national ideals by peaceable means. That cannot be done unless there is a drastic change in Ministerial policy. That cannot be done unless we get from the Minister of Justice an assurance that every time members of the Civic Guard act in an irregular manner or act as a politically partisan force, they will be called to order by him. That cannot be done unless we get from the Minister for Justice an assurance that every time a complaint is made to him that such irregularities have occurred, the attitude he will adopt will be other than that he has adopted in the recent past. If he hopes to do his duty he will have to take action in the various cases of assaults by the Guards which have been mentioned here in the recent past. As I said, if men make statements upon oath alleging that they have been assaulted by Guards either he has got to have these men charged with perjury or to have the conduct of the Guards inquired into. He has taken neither course, apparently in order to ensure that no judicial inquiry will be held into the truth or otherwise of the assertions. In doing so I maintain that he has neglected his duty.

I certainly think that there is a strong case for referring back this Vote for reconsideration. I do not know what members of the Cumann na nGaedheal Party feel about the matter but it is very extraordinary, despite the fact that every facility was given them last evening, that not one of them got up to speak in defence of the Vote. I do not know whether that was done under orders or whether it was because of their dissatisfaction with the way the Department is administered. I hope that, like this Party, they want to see normal conditions restored, that they want a police force which will have the confidence of the public, and that they want respect for the law, and I hope that they will indicate that to the Minister for Justice by voting to refer back this Vote for consideration.

I cannot support this amendment. I think it would be no harm, perhaps, if in order to take attention away from the detective force which has been so much attacked in speeches last night and to-day, I referred particularly to the ordinary work of the Guards. In my opinion, they do their work extremely well as far as the ordinary transport is concerned, but the control of buses has got beyond them. We had a statement from the Minister during the year that instructions had been given to the Guards that the drivers of all buses which travelled beyond 25 miles an hour were to be prosecuted.

I think that would be more suitable for Vote 32. We are on Vote 31 at the moment, which concerns the Minister's policy.

I shall wait then until Vote 32 is reached.

In rising to support this Vote for the Department of Justice, I would like to state that if there is one Department in this State which should receive unanimous, whole-hearted and unqualified support of every individual in the State, particularly every individual associated with the legislature of the State, it is the Department concerned with the suppression of crime and the maintenance of law and order. In this country we have the peculiar situation that the one Department which is picked out for continuous and for bitter attacks is the Department responsible for the administration of justice. Presumably these attacks are based chiefly on the fact that that Department, or the agents of that Department, do not hold their hand and wait for crime to be committed before they take action. There are jibes to the effect that "if you know that" and "if you know this, why do you not produce your evidence." Every Deputy in this House, and every Deputy on the Fianna Fáil Benches, knows that there is a very big difference between knowledge and evidence. That difference is wider and more vast in a country where, owing to the misleading of a multitude of people, perjurers are as common as crows. Is it suggested by that Party that if the agents acting under the Minister for Justice have knowledge that certain white-livered patriots are planning or organising to riddle the thorax of a witness, judge or juror, with lead, that in the absence of evidence they should hold their hand and take no action until after the event? That is the situation that exists and has existed for some time in the City of Dublin. If the agents working under the Department of Justice have knowledge of such organisations, or of such activities, have knowledge that such schemes are being hatched, is it suggested that these schemes should not be exterminated in the hatching, but rather that the authorities should wait for the full fruits of the plot to materialise and then rely on witnesses who are subject to the most thorough and organised form of intimidation to bring these individuals to justice?

Is it not more merciful to the individual concerned, and more a protection to the citizens generally, to take action to prevent such crime rather than trace the individual after the crime has been committed? Members of the Fianna Fáil Party are particularly touchy because the Minister for Agriculture implied that there was a certain association between that Party and the organisation responsible for the intimidation of jurors. That was denied very emphatically by Deputy Lemass, but Deputy Lemass must know that it is not only the Minister for Agriculture that has that view, but that it is a view that is very generally, very widely, and very commonly held by the citizens of this State and the citizens of this city, and there certainly is a definite explanation and a definite reason why such views should be held. If anyone throws his mind back over the last few weeks and over the discussions in this House, he will see that every time an agent of the Department of Justice made any general attempt to suppress crime in the incipient stage that the action of the Fianna Fáil Party could be interpreted as championing such organisers and such organisations. In addition, the paper which Deputy Sean T. O'Kelly says is not their official organ, more or less commended the fact that a Dublin juror had been sent to a Dublin hospital.

Now there is certainly a definite reason and a definite chain of events that would lead any thinking person to come to a conclusion similar to that arrived at by the Minister for Agriculture. Deputy Lemass—in this connection I am speaking from memory and I am subject to correction if my recollection is inaccurate—when he was speaking last night on this particular Vote made a rather startling statement. He made a statement which would do very much to blow to smithereens the name that he has been getting for himself as being a trifle saner and wiser and showing more judgement than certain other members of his Party.

He said that subject to certain conditions, subject to certain specific conditions which he mentioned, that he and his Party and the odd five hundred thousand people whom he claimed are misguided enough to support him and his Party, would co-operate with the forces responsible for the maintenance of law and order in the suppression of ordinary crime not associated with the political status of this country.

As the Deputy has invited correction, perhaps I might correct him now on that. I said that while the idea persists in the minds of a large section of the people that the Civic Guard force is controlled mainly for political purposes that co-operation will not be given. I certainly did not hold out any offer that co-operation would be given on certain conditions or not. I expressed my belief that it would not be given and is not at the moment being given because these conditions are not being fulfilled.

And never would be given for seditious crime.

I accept the Deputy's correction, but that is my point which I was laboriously endeavouring to make, that at the moment there is no co-operation being received or being given by that Party for the suppression of crime in this country, crime of any kind, murder, loot or anything else, and that a responsible Deputy of the Fianna Fáil Party, claiming to speak for that Party and to speak for five hundred thousand others, boasts and glories in the fact that that Party will give no assistance in the suppression of crime.

I neither boasted nor gloried.

The Deputy stated that, and in the same speech he criticises the expenditure on the force which is responsible, without any assistance from that section of the community, for the suppression of crime and the maintenance of law and order. Now the strongest argument that can be advanced for the inflation of this particular Vote is the argument advanced by Deputy Lemass, and notwithstanding that he was simple enough in the same speech to suggest the referring of it back, which means that no money could be spent on the suppression of crime.

I think that is a fair interpretation of the position. I also think it is a very strong argument for an increase in this particular Vote. We have three voices speaking from the Fianna Fáil Benches with regard to this particular subject, and it is of importance that this House should know which of those voices is the voice of that particular Party. We have the statement to-day of Deputy Seán Lemass of non-co-operation and non-assistance with those responsible for the maintenance of law and order and the suppression of crime. We had Deputy Flinn last night offering full co-operation, and hoping that the full assistance of the Fianna Fáil Party would be tendered to those responsible for the suppression of what he called ordinary crime, and we have Deputy de Valera saying that the one authority he respects is the majority vote of this House. Well, there is no law in operation in this country which has not been passed by a majority of this House. Does Deputy de Valera, Deputy Lemass, or Deputy Flinn speak for the Party opposite? The three attitudes are totally different.

Well, then, there are men on the benches opposite who will attempt to the end of time to reconcile the absolutely incompatible. I merely state that these three attitudes are different, and I would like to know which of the three attitudes represents the attitude of the Party as a whole?

All three.

Therefore we are dealing with three parties and not one.

Three cuckoos.

I submit that this Vote should receive the unqualified support of everybody interested in peace, law and order as well as the safety of the individual and the safety of the property of this State.

I do not think that I have very much new to say, but I think that this Vote for the Department of Justice, which is responsible for the policing of the country, is a very vital matter. When people want to explain that Europe is the home of civilisation, they explain it by saying that Europe has been policed for a longer period than any other part of the world. The idea of government is based upon the idea of policing, and civilisation itself is dependent upon the existence of police. Here in this country there is a police problem which I think is peculiar to the country. It might well be that we need a greater police force and greater powers in the police, with a lesser amount of crime here, than in another country. An individual who needs money and who has grown up under peculiar circumstances goes out and robs. There should be police to get after him to encourage him not to rob. An organisation is a different matter, even a small organisation. In this country we have an organised criminal organisation. We have more than that. Deputy Lemass has defied us to show the association between his Party and the gunmen gang. It seems to me that the existence of the Fianna Fáil Party adds considerably to the police problem in this country. I said the other day that we had here a small murder gang party that neither in this country nor in any other country should get any volume of support. We have, then, a Party whose history is, roughly, this, that it occupied much the same position as is now occupied by the murder gang. At a given point they found that they were not getting anywhere.

As I said the other day, the Free State Government have done things that I never thought they would do, leading to the downing of arms. It was the first occasion possibly in our history of a demonstration that the policy of force was successful in dealing with rebellion in this country. You have those people then bringing forward what they call an economic policy, and for what purpose? Because they realised that they exist for a purpose that would never get the assent or the co-operation of the people here. As far as I remember, they then decided to draw up an economic policy to mislead the people. The position was that the people in voting for an economic purpose were actually voting for the purpose of the Party that existed before. Deputy Lemass said we suggested the Fianna Fáil Party and the people behind them were against public order. I do not think the people behind them to any large extent are against public order. As I have said, I think the Fianna Fáil vote represents the capitalisation of the Government's unpopularity, for every act which the Government does alienates a certain number. A Government has to act for the well-being of the whole country and, there are sections on one side or another whose interests do not coincide with the interests of the whole people. As I said, here you have a small murder gang, and you have as their spokesmen and defenders official whiners in this House raising points almost every evening on motions on the adjournment about actions of the police in dealing with these people. The law exists solely for the purpose of policing and protecting the people. I once pointed out, not so very long ago, that there are nine ways in which you can share in the guilt of another's sin, such as by counsel, consent, praise, flattery, silence, or being partner in the sin.

A little over a year ago I asked the Party opposite would they, if they had information which would be useful for making an arrest in connection with the murder of the late Minister for Justice, give that information, and they never yet agreed that they would. They accused us of suggesting that they stand against order in the country. I say that the man who is not prepared to do his part as an ordinary moral being in putting down murder is a party to it, and I endeavoured to give them the opportunity of dissociating themselves from it by asserting here publicly, and acting on it thereafter, that if they had any information conceivably of use to the police they would give it. The indication from two members of the Party was that they would not, and I gathered from another one that he thought they should. Now by silence I think they become parties to it, and by their public silence I think they are indicating to the people of this country that they stand against order. The Deputy said: "We desire the restoration of peaceful conditions here." What are the things that are necessary for peaceful conditions? They are primarily governed by a Government whose laws are going to be upheld in the country. It is only a few days ago since Deputy Lemass said he hoped that an Act if passed by a majority of this House would find a man who would resist to the end. Deputy de Valera said:

"I, for one, when the flag of the Republic was run up against an Executive that was bringing off a coup d'état stood by the flag of the Republic, and I will do it again."

Again he said:

"Those who continued on in that organisation which we have left can claim exactly the same continuity that we claimed up to 1925."

We know that when Deputy de Valera says two incompatible things his dignity requires that he should for the rest of his life maintain that he was right on both occasions. I think it is necessary in the interests of social order in this country that Deputy de Valera's dignity be impinged upon to the point of saying when he was right and when he was wrong. He says: "Those who continued on in that organisation which we have left can claim exactly the same continuity that we claimed up to 1925." The gunman gang claim that. Up to 1925 Deputy de Valera outside this House claimed the powers of life and death. He left that organisation, and then he says he was right when he claimed those powers, and possibly exercised those powers, or people acting on his behalf exercised those powers which he claimed, and I think we all on these benches were in 1922 condemned to death.

He says the powers of life and death remain with those people outside. There can be only one Government here. If those people outside have the powers of life and death when they decide that a juryman by virtue of his not committing perjury is guilty of treason and sentence him to death it is the duty of the police to go after them. The majority of the people of the country think that that power should not exist in the people outside. If Deputy de Valera is right, then when this Government execute a murderer we are murderers, and if Deputy de Valera ever, by some disaster, gets into power in this country he must either allow these men full scope, or if he attempts to deal with them he will be called a traitor. If he executes one of them he will be acting as a murderer. But we are told we are doing a bad thing by suggesting that the Party opposite, who represent or misrepresent a large section of the people who voted for them, stand against social order, and that we are doing something against the interests of the country. We are doing nothing of the sort.

If it is a fact, and what Deputy de Valera says is true, the country should know it. I have tried time and again, and not for Party purposes, to get the Party opposite to get up and say exactly what it is they stand for. Deputy de Valera once wrote a letter in which he said: "As you know, I am most particular even to the shade of meaning." We have not been able to get his shades of meaning. If he was right in 1925 it is not many weeks since he asserted that those people outside can claim exactly the same authority as he claimed up to 1925. Very well then, there is the position of the murder gang outside, supported by 57, or whatever the number, of the Deputies opposite. Their moral claim to murder is supported by the Party opposite. Does not a country like that require extreme police measures? It does, and I do not know of any other country faced with such a situation. We know perfectly well that the Party opposite would like to get away from their past, only that Deputy de Valera has not the moral courage to get up and admit he was wrong.

But this country may have to pay too high a price because Deputy de Valera has not the courage to say he is wrong. He said: "In the people outside rests the legitimate authority." We are elected, by the Irish people, to maintain civilisation in this country. It is obvious and clear that you cannot have civilisation when the moral authority rests with those who exist as a gang outside. We know that we are authorised by the people to put down that authority, which Deputy de Valera, and presumably his Party, say is the only legitimate authority in this country. The police know that a fair number of people are in that organisation, the members of which commit murder. Deputy de Valera will say there was only one murder committed. The business of the police is to get after the man who commits murder, to get after the man who is going to commit murder, and the man associated with murder.

You have that organisation. There are Deputies opposite who like to throw out phrases from nineteenth century liberalism. Take Deputy de Valera himself. He was associated with the movement before the Truce. Ambushes took place which the British said should be punished by death. Could the British have proved his clear association with the ambush that took place down in West Cork? Of course they could not. Was he morally responsible for the ambush that took place equally with the rest of us? Of course he was, but as far as the law was concerned it could not prove it, and if the British Government had the right to be here at all it had a perfect right to bring in such a form of laws as would enable it to handicap and to get control of those people who were associated with it. They were very much after the late Michael Collins. Could they definitely have associated him with these things? Of course they could not. Was he clearly associated and equally responsible with men who took part in them? Of course he was. Therefore if that Government had a right to be here at all they were perfectly right in endeavouring to secure a condition of affairs whereby they would be able to deal with Deputy de Valera, the late Michael Collins, the Minister for Finance, the President and myself; they had a perfect right to have their machinery so arranged that they could go out after each, equally with a man who was actually captured taking part in an ambush in West Cork.

The same applies here. There is an organisation, with its Adjutant-General, its Chief-of-Staff and other posturers that the Deputy was associated with up to a short time ago. You have a so-called Chief-of-Staff and a so-called O.C. of such and such a battalion ordering two men to murder such and such a juryman. The police, knowing the association, and knowing the hierarchy of that association, not knowing exactly who were the men who went to murder that juryman, but having a moral certainty that the Adjutant-General, the Chief-of-Staff and the O.C. were equally morally responsible and equally a danger to social order in this country, it is their business to get after those people with all the power that the law gives them. But when they do that we have the official whiners getting up every night on the Adjournment and asking why this man was arrested and why that man was arrested and not charged. The police have a moral certainty, and it is their business to use all the powers they have to secure a legal certainty. But no Deputy in the Party opposite admits that there is this organisation, though these murders have taken place. They admit these cases but say that the Government, elected by the Irish people to maintain social order, must handicap itself by taking no action whatsoever except against people whom they can arraign in a court and against whom they can bring clear evidence that they were party to a crime. They know perfectly well, and every intelligent man in the country knows perfectly well, that such a proposal is utterly ridiculous. It means that the headquarter staff, the O.C. and the rest of them can go about smoking their cigarettes, sitting in restaurants, catching their trams and all the rest of it, and the Government is to be confined to getting after the poor ignorant dupes who actually do the murders. Where is the moral responsibility? We know the names of men who have greater moral responsibility for these murders than the men who actually did them. Can we bring them to trial and prove it in court? We cannot. Was the position also the same before the Truce? Were we not equally responsible with the men who took part in ambushes? Of course we were. Could we have been definitely associated with these ambushes in an ordinary trial? Of course we could not.

It is only hypocrisy, and everybody knows it, to suggest that there is an absolute parity between organised crime of that sort and the ordinary murderer who kills a man to steal his pocket-book or something else. It is a totally different situation. Deputies say that for Party purposes they want peace preserved, because it suits the Party purposes, and say that the Minister for Justice exalts the man who is most active against the political opponents of the Government. I suggest that when you call a murder gang political opponents of the Government and when you talk about political crime you are party to this crime of murder morally by that form of praise or flattery. To suggest that these humbugs, these hysterical women, and all the rest of those in this organisation, who go about to murder jurymen who do not commit perjury should be exalted as political offenders and to suggest that we have got after them only because they are political opponents of the Government is absurd when you remember that in the election a couple of years ago these people went up and out of 152 seats they got 7—and what proportion of the people who voted for them approve of their murder tactics? They are a very small proportion, and as political opponents they do not count, but as enemies of social order they are a serious problem, backed up, as they are, by the moral sanction of the leader of a big political party in the country, who says that these men can claim the same continuity as he claimed up to 1925 and that, as he asserted, he had a perfect right to claim. He was right and therefore they are right. That is the problem we are up against. Is there not moral association between the Fianna Fáil Party and those people outside, until the leader of that Party, speaking with the assent of the whole Party, gets up and clearly says, wiping out the past altogether, that if he or any member of his Party can get any information that would enable the police to stamp out that conspiracy he will do all in his power to assist the police, and until he asserts that if the Irish people ever give him and his Party a majority he will stamp it out with a rigour not less than the rigour we have exercised? He has got to have the guts to stand up to his late allies. But to say, as he has said, that these people who wage war upon the ordinary citizens of the country have a moral right to do so is the very negation of the whole tradition of Irish nationalism; it is the very negation of social order, and it is the very negation of the moral law. It was only on the 14th of last March that the leader of that Party said these things here.

Now, the business of the Minister for Justice and of the police is to deal with all crime in the country, and before any other crime to deal with organised crime. The ordinary murderer who kills somebody or other because he wants his pocket-book is an enemy of social order, but he is only an enemy of social order in so far as he murders that man. But the people who are endeavouring to overthrow the only possible Government in this country, that is to say, a Government sitting in the Dáil, elected by a majority of the people, are the arch-enemies of social order because they are attempting to destroy all social order in the country. Deputies opposite say that they are right, and by saying that they are right and that they have a moral authority to do it they become parties to all that those people do. We know perfectly well that the greatest tribute paid to the present methods of the police against the murder gang has been shown here day after day and night after night when Deputies on the other side of the House got up to protest against arrests without warrants and about detaining people for twenty-three hours in the lock-ups, and all the rest of it. They are put up as the official whiners of these people, and I am glad to say that the policy of the Minister has got them whining.

It was thrown across the House only a few days ago that only one man was wounded and only one man was murdered. They have sent out their lists. Mr. White was only one on the list. The others are immune because there would be a certain amount of danger in attempting to murder them. We know that one of the securities of the situation is that the tradition of this murder gang only began in the 1922 period, when the fight was carried on solely on the assumption that it would be perfectly safe. But when the Government did things that I never thought they would do the down-arms order came. There was no proper surrender under the down-arms order; they could continue their organisations; they could continue all that they had done before, except the dangerous part of it, and if one of them had been arrested after the down-arms order, then there would have been an outery for arresting this man who was perfectly peaceful. We all know that Deputy de Valera gave the down-arms order on April 28th, or whenever it was. They are attempting to continue the civil war.

Until 1925 the Party opposite intended to continue the civil war if an opportunity came. They found that the tide was going against them, and later they decided that, having sworn that under no circumstance would they ever take the oath, to come in here. Having come in here and having taken the oath and having got up on points of order and having voted for or against laws that were being passed, after being in here up to the 14th of last March Deputy de Valera got up and said that this House has no authority, that the authority of government rests in this little group outside.

The Deputy says that he stands for law and order as we understand it in this House, and then he complains that the police are getting after these people outside. I think that if I had any fault to find with the police it would be for lack of activity against what Deputies opposite call political opponents of the Government. If the Deputy stood for anything that a decent man should stand for he should recognise these people not merely as political opponents of this Government but as opponents of every decent man in the country and as opponents of his Party. He recognises these people as the opponents of this Party but not as the opponents of his Party. There is not the same distinction. there is not the same antipathy between his Party and them as there is between his Party and ours. I thank the Deputy for the very high compliment he pays us, and I would, in a Party spirit, rejoice in the way in which he degrades his own Party except that it seems to me that the necessities of social order require that the Fianna Fáil Party should come out perfectly clearly on this matter. It seems to me that sometimes Deputy Lemass would like to do it, but then we have only to touch Deputy de Valera to the quick——

You will not do it this time.

——and he jumps up immediately and says that these men outside are right. Deputy Lemass says he stands for social order. We all know that Deputy de Valera, as a non-Euclidian politician, has proved that two things which are mutually contradictory are both right, but some of us have not got to the non-Euclidian stage.

The Minister is in the poetic stage.

Poetry is not altogether a blessing. The Deputy, I understand, is very much against poetry. The Executive Council, Deputy Lemass complained, have repeatedly attempted to convey the impression that Fianna Fáil sympathised with crime. We only take what they say and do. They do not sympathise with crime, but when a man named Coughlan was killed in attempting to murder a man named Harling Deputy de Valera and Deputy Lemass walked in the public funeral, a Fianna Fáil club was called after him, and he was a public hero of Fianna Fáil.

On a point of information. Did not the Chief Whip of the Cumann na nGaedheal Party also attend the funeral?

It was a scandalous thing for him to do if he did do it. In any case, no Cumann na nGaedheal club was called after him.

Are there any such clubs?

A Deputy

You could not get members for one.

He asks if it is in the public interest to say that Fianna Fáil sympathise with crime. It is in the public interest that the truth should be known. If it is not the truth let Fianna Fáil Deputies get up and say so. As Deputy de Valera says, he is most particular even as to a shade of meaning. Let him get up and say clearly that as far as these people are concerned whom the police are going after at the moment, he stands for crushing them out completely. What does he do? He says you can never have order in this country until you have the people completely united. How are you going to have complete unity with this small group representing seven of 152 of the people of the country? That is much more than they represent in reality, but I will give them that much. Deputy de Valera says that there can be no government, no social order in the country until we have unity. At the same time Deputy Lemass complains that we are not getting after the British Fascisti. Good heavens, when we have prosituted the moral law to win the Deputy's gunmen friends we should have the British Fascisti saying: "You will have to meet us before you can have social order," and it will take more non-Euclidian politics to make both right.

Come down to earth.

I am very much down to earth.

Poetic flights again.

Here is a Party which says that they will not give information that would lead to the arrest of murderers. I want to get a clear statement from them. I would be ready to withdraw everything I have said if they would make a perfectly clear statement. The Party opposite, through Deputy O'Kelly's organ, rejoices that jurymen have to be protected, and rejoices that jurymen are being interfered with in earning their living because they would not commit perjury. You have that Party opposite, seated in this House to the number of more than 50, using all the power that they have got for their bogus policy to prevent the police from using all the power they can to put down that conspiracy. Let us get the thing clear. Do the Deputies opposite want that conspiracy crushed, or do they not? If they want it crushed out let them be prepared to co-operate in every possible way with the police in crushing these organisations—this so-called I.R.A., this Cumann Comhlucht an Poblachta, or whatever it is called, and those other organisations which the police have definite information are attempting to subvert the State. Are they going to co-operate or are they not? If they are not, do they think that it is the ordinary straight thing to come in here and to use the power of their votes to prevent the police doing what the police, with the knowledge at their disposal, believe to be necessary to get after these people, and at the same time to get up and assert that the Government is dastardly, untruthful and everything else in suggesting that there is a lien between the Party opposite and the gunmen group? We have had Deputies getting up and saying that they were in a position to assert that such and such a man had no association with these political organisations. How can a person assert that? You cannot know everything about a gunman, but you can know every member of an organisation and you can say that a man is not one of them.

But supposing I said the Minister was not a member of the organisation?

You can say that, if you know every member of it, you know I am not one of them; you can certainly then have the moral certainly that I am not one of them.

Why can we not have the same moral certainty about a person whom we know well, even better than we know the Minister?

But they do not accept moral certainly. When we say that such and such a man is associated with these organisations they say: "Why do you not prove it in the courts?" Moral certainty is not good enough in that case; we want absolute legal proof of everything—to be in a position to prove it up to the hilt in court. Their idea of proof is to say that they are in a position to prove that such a man had no association with any organisation. As a matter of fact, on one occasion we happen to know that a Deputy who said that was wrong. The only one way in which that can be settled is that if Deputies know all about an organisation, as ordinary citizens they are bound to give that information. They do not do it, and then they complain that we are misrepresenting them.

The President has also said that he knows all the members of these organisations.

Yes, I think we do.

Well, why do you not give information to the police?

The police know. We only know it from the police. The Deputy may rest assured that as far as the Executive Council is concerned if we have any information likely to be useful to the police we will give it, and if the Party opposite were to come into power and their late allies were still active— and I believe they would be much more active, as they would have the moral support of Deputy de Valera and his Party—and if the Party opposite were acting as a Government to crush the conspiracy, if we had any information we would certainly give it to them, because that would be our ordinary moral duty. We are bound to stand for social order. The movement that Deputies were associated with up to 1925 was incompatible with social order. Their direct heirs and legatees in that movement are also incompatible with social order, and as such they must be put down. The last way of putting them down is to go about assuring them that they have all the rights of the case, that they have the moral right to be the Government, and that when they decide that such-and-such a man should not continue to exist, they have the right to execute him. That is, to my mind, the very worst form of association with them.

If Deputies opposite stated quite openly that they were with them we would not have to put in so much time in the Dáil, as we should have a big majority. But the Deputies opposite were too cute. Having concealed from the people their association, they still maintain the attitude that these gunmen are right. Having concealed that from the people, they got a certain number in here and they, therefore, strengthened them to that extent when they put the power they got that way in this Dáil at the service of these men in handicapping the police. Then the Deputies opposite are indignant when at elections we get up and refer to these things and say to the people, "Vote for us." We can say that the Fianna Fáil Party say these people are our political opponents, and not their political opponents. Surely we can get up and say to the people: "We are the opponents of these people. The Fianna Fáil Party by their own implication are not their opponents. Do you want these people who murdered jurymen and Kevin O'Higgins to do what they like in the country, or do you not? If you do not, what is the best way of getting out of it? Vote for the Cumann na nGaedheal Party, who are, as Deputy Lemass said, the opponents of these people, Deputy Lemass himself not being an opponent of them; Deputy Lemass and his Party being determined to maintain silence rather than allude to the fact, and Deputy de Valera giving them comfort by praise and flattery and assuring them that they are the real, live custodians of Irish national tradition—that they are by right automatically the Government of the country." The Party opposite it seems to me, from any moral point of view, until they make their position clear, until they come out and make the statement publicly that I have tried to drag out of them time and again, are parties to it by concealment, silence and praise and flattery and, in fact, by being partners in the sin.

The Minister for Defence said he had nothing new to say and he had not. He proceeded as usual with the muck-rake to rake up all the evil that he could, and then he indulged in sophistry and misquoted Deputies on this side, partially quoted them, and took quotations away from their context and read his own meaning into them. He has appointed himself the judge of law and order and morals. I wonder when he was appointed by this State to stand up and ask a question of any Deputy he likes or any Party and to be the sole arbiter of morals. He is the sole judge of justice, right, law and order. I wonder when he was appointed. He has asked some questions which I shall answer and which are quite easily answered. Before dealing with that matter, I would again put to the Minister for Justice some propositions put to him by Deputy Lemass. It is usual for the Minister for Justice to maintain that he has what you never had in any age or clime, an impeccable police force— that there could not be one wrong man amongst them. He may not state it definitely, but when any charge is brought against any member of that force, even on sworn affidavit, he shrugs his shoulders and says he is quite sure there is no truth in such charges owing to the information he has received, after having instituted inquiries. I suggest to the Minister that in the best interests of the Garda Síochána themselves, of the public and of justice, and to inspire public respect for and confidence in the administration of the Department of Justice, he should, when such charges are made on affidavit, have inquiries instituted. If they are proved false, he has enhanced the reputation of the police force, and if they are proved true, and the guilty ones punished, he has done a lot to restore public confidence in the administration of justice.

Great Britain boasts of a loyal police force and a law-abiding citizenry, but the Government of Great Britain does not for one moment maintain that there are not criminals occasionally to be found amongst their police force. Why should the Minister for Justice here try to maintain that the police force is absolutely impeccable? By the very origin and circumstance of the institution of the Gárda Síochána they were chosen from one political Party. That is obvious to anyone who thinks over it for a moment. I do not believe that the great majority of the Gárda are political partisans. My experience of them, and I speak of them as I found them, particularly at election times, is that the great majority of them are impartial. I have found a few who were not. I found a sergeant of the Gárda on one occasion who was in every way possible obstructing the supporters of the Fianna Fáil Party on the polling day at an election and acting, practically, as an agent for Cumann na nGaedheal. I do not give his name, because when I spoke to him he apologised and admitted that he was wrong and ceased the activities that he was engaged in for over two hours in the polling booth. There are such cases, and there is no use denying them, and it is important that the Minister should impress upon them that they are not the servants of any political Party. It is essential in the interests of peace and public order that that should be impressed upon the members of the force very carefully and forcibly.

In regard to the C.I.D., Deputy Lemass suggested that members of it, particularly the chiefs of it, who were closely identified with a certain side in the Civil War, should no longer hold office in the C.I.D. He did not ask that they should be deprived of their positions and not given other employment, but there are at least three or four of them whom we all know to be bitter partisans, and who would be much better engaged in any employment than the C.I.D. Deputy O'Higgins spoke of the bitter attacks made upon the Department of Justice. We have arraigned certain members of the detective division for what we consider, and for what some of the courts of justice considered, the illegal activities of certain C.I.D. men in Dublin.

There is no use saying these are the gunmen and the murder gang. Some of them may have been. But they were found not guilty in the courts of justice and they were acquitted even of breaking up a jail in which they were illegally detained, and a judge refused to punish them on the ground that they were illegally detained. We have no objection whatever to arresting men against whom there is any charge or who are even suspected, provided the charge is brought against them and that they are given a chance of defending themselves, but to arrest and detain men for twenty-three hours, then liberate them and arrest them again as many as ten times in a fortnight will not make for confidence or help to bring the guilty to justice.

It is said that we are touchy about the charges of our connection with a criminal conspiracy. We do not stand for the murder of jurymen. The Minister for Justice knows that, and the Minister for Agriculture knows it. We do not stand for a small section of the people maintaining that they have the power of life or death or the right to murder jurymen or those whom they consider against national interests. No one here has maintained that, but we have stated that you are likely to get peace if you get unity on the lines that those who maintain that this country should be a republic, and refuse allegiance to any other country, or outside king, would be enabled to sit in the people's Parliament. That is a very different thing from saying that they have power, or should have the power, of life and death or that if they put people to death it is not murder. We do not maintain any such thing. We heard a lot—I do not know what the Minister for Defence was quoting from—about the Ten Commandments and I do not know what else. He seems to be an authority on moral philosophy and theology, but he certainly is an expert sophist. He spoke of us as official whiners, and as spokesmen and defenders of the murder gang. We do not want to defend, and have not attempted to defend, any murder gang whatever. But we do not want men arrested and rearrested time after time who are not guilty, and who have been proved not to be guilty and whom the courts of the Free State have liberated as not guilty. If there are charges to be made let these charges be brought against these men. I wonder is it suggested that by arresting and rearresting them day after day information will be extracted, or does the Minister approve of such methods which are third degree methods? I do not approve of them. I think such activities, of course, are largely confined to the C.I.D. and even to a certain section of them, but not altogether.

It is, of course, very difficult to say whether a man is a member of what they call the murder gang or whether he is a member of the I.R.A. I have here a letter which I might quote. I did not raise the matter mentioned in the letter in the Dáil. There have been so many questions raised about the Civic Guard and the C.I.D. and wrong conclusions come to that I thought it better not to raise the matter of this letter before now. This is a letter dated 13th April last from John Silke of Lisheeninane, Kinvarra. I have other letters from other parts of the county as well, but I will read this as typical. It says:—

"I attended the Commemoration which was held at Shanaglish, Gort, at the graves of the Brothers Loughnane on Sunday, March 31st."

Deputies may remember that the Brothers Loughnane were captured by the Black and Tans, dragged along a mile roped to a lorry and not being quite dead they were covered with petrol and set on fire. That was the fate of the Brothers Loughnane. This man was among those who went to the graveside in commemoration of the Brothers Loughnane and in his letter he continues:

"On my way home that evening accompanied by Laurence Fogarty and John Joe Callanan we pulled up at a place called Labane in the Ardrahan Parish and went for cigarettes into the shop of John Quinn. Fogarty and Callanan went out from the shop a few minutes before me. When I went out on the road about 20 yards from Quinn's shop two known Guards in full uniform had Fogarty and Callanan held up. As I approached them the Guards asked me had I a bicycle. I denied having one. They then asked for my name. It was about 10 p.m. Before I got time to answer one of the Guards hit me with his clenched fist. I was staggered with the first blow. I was then struck again by the same Guard and knocked down on the road. I got up and was knocked down for the second time. I was then told to get up and clear away. I am being attended by Dr. Connolly of Kinvarra. One of my eyes was badly cut, also my mouth and nose. The Guards were from the Ardrahan Barrack on patrol duty at Labane. I have reported the matter to the Superintendent at Govt. He promised to inquire into the case. I don't know why I was assaulted unless that they objected to my activities during the last elections. I and others are pestered with those Guards and if they are allowed to carry on like this much longer it would be better for me and some others to emigrate and clear out of Ireland."

That is one of the few cases I have to report, and I would like to know if the Minister has got any information as to what the Superintendent has done in this matter, or what steps he is taking or proposes to take. I do not want the information now, but perhaps the Minister might send it on to me. There are instances of uniformed Guards acting as political partisans or agents of the Cumann na nGaedheal.

The Deputy could raise that more properly on the next Estimate for the Guards.

Very good. I submit we should get from the Minister a definite answer to the propositions put up by Deputy Lemass—namely, that it should be impressed upon the Guards that they are not the agents of any political Party, and that perhaps the half-dozen men at the headquarters of the C.I.D. who were in the Civil War and took an active part in it and who are known to be bitterly hostile to their fellow-countrymen should be given some other employment in the interests of peace, order and justice.

I understood from the Ceann Comhairle, and I would like now to have an understanding on the matter, that when we are discussing this Estimate we could deal with the general policy, including these matters of the conduct of the Civic Guards included in the general policy, and that on the Civic Guard Vote we could go into details of expenditure with regard to the force.

The worst aspect of the Department of Justice is the way in which politics and the administration of justice are mixed up to such an extent so as to poison, as has been said on many occasions, the sources of justice. In particular, the reason why we shall vote against this Estimate is because the Department of Justice has been guilty of flagrant offences against Articles 6 and 7 of the Constitution. These are Articles which I suppose the Minister for Defence in his light and humorous way would refer to as nineteenth century liberalism, but in case he might have forgotten they exist, I think it is well to place them on record. The Articles which have been really rendered a dead letter by the administration of justice are the following. Article 6 says:—

"The liberty of the person is inviolable, and no person shall be deprived of his liberty except in accordance with law." ...

And Article 7 says:—

"The dwelling of each citizen is inviolable and shall not be forcibly entered except in accordance with law."

In discussing this Vote yesterday, Deputy Flinn made reference to the verdict of a certain judge, and on that occasion the Minister seemed to deny the statement made by Deputy Flinn. Now, what the judge exactly said was this. It was Judge Davitt. I am quoting the verdict. I am not criticising the judges in one way or in another; I am quoting the verdict. The case dealt with glass-breaking in the Bridewell. The person brought before him was Mr. John Kelly, and Judge Davitt explained to the jury—I am now quoting the "Irish Times" report of 23rd April—that the proof of the arrest of the accused man had not been produced, nor was it shown by whom he was arrested. There was no evidence that the accused was in lawful custody and, for all they knew, he was in unlawful custody. If so detained, the man in the dock was entitled to do what he could to obtain his release. Apparently the jury agreed with the judge in his point of view, and after ten minutes' consultation the jury acquitted the prisoner.

I accept all that as accurate.

In the case of Andrew Finlay, charged with a similar offence, Judge Davitt said that, as in the last case, there was no evidence to show that the prisoner was in lawful custody. The arrests and releases and subsequent rearrests and releases of the prisoner had not been justified before the jury. The jury found the prisoner not guilty and he was discharged. I submit that these verdicts are a condemnation of the whole policy which the Department of Justice has been carrying out, and it has so placed the Department of Justice that they are liable to actions if the unfortunate victims are able to afford an action, or a long series of actions, for illegal arrest. About 150 individuals, Republicans, have been arrested and re-arrested, men, women and children, at least since the beginning of March. There were isolated cases before, but from that time, coinciding with the election period, there was intensive activity. They were taken from their houses at night; they were seized in the streets in the day-time, and they were carried off in cars and lorries. When they were released, they were let down in country places and were threatened. Every form of terrorism was used against them, and all along the line in this House the attitude taken up by various Ministers has been that these people have been all guilty to their knowledge of certain crimes. They are all guilty until they prove themselves innocent.

Then the Minister for Defence has the most extraordinary impudence to address himself to individual citizens and political parties, and to charge them also with being accomplices in these crimes, and he makes an attempt to bind people over to keep the peace on account of crimes they have never committed. If any ordinary self-respecting citizen in the street was suddenly accosted by a policeman and told that he must give an undertaking to assist in discovering some crime committed because the policeman suspected him of being implicated in it, and at the same time if it were clear from the conduct of the policeman that he had absolutely no evidence even to take that man to the police barracks, and had not even the face to take him to the police barracks, what would the attitude of the ordinary citizen be to the policeman? He would be looked on as if he were a lunatic. The ordinary citizen would not enter into conversation with him; he would tell him not to be a nuisance. On this side of the House we take up exactly the same attitude towards the Minister for Defence. His questions are the same as the leading question which everybody knows is used in law, when the counsel asks the witness did he stop beating his wife? It is only in that way one can treat these questions which are hurled from the Government Benches in this Dáil.

We have had in discussions on the adjournment cases raised. We have first of all, within recent times, heard of cases of the arrests in Dublin here dealt with by Deputy Lemass, and the attitude of the Minister has been indescribable. He seems to be entirely indifferent to ordinary human considerations. He assumes that all these 150 people deserved what they got. He admits, at the same time, that there is not sufficient evidence to convict them of anything. Really, the Minister's attitude is that of a man who seems to be carried off his feet as well as having lost his head. He does not seem to be able to control his own Department, and when his Department is attacked, through him, he tells us the proper course is to take action in the ordinary courts.

Not you; your clients, your political clients.

Our political constituents would be more correct.

Clients is the word I used.

I think the Minister is totally wrong when he refers to the constituents we represent as clients.

I am not referring to your constituents. I am referring to your political clients.

A client, as I understand it, is a man who pays a lawyer to act on his behalf.

He need not necessarily pay.

He ought to pay if he does not. I still adhere to my contention that the Minister is totally wrong in using the word client. These constituents, acting in their proper capacity, come to their representatives when they have grievances against the Government and their representatives come into this House. This is the proper place for ventilating such grievances. This is the place where the House has to exercise its authority over its permanent officials and not in the courts of law. A court of law is a very good thing if you can afford to go into it, but the Minister must know very well that in a great many cases of this kind—I am thinking now of a particular case— the poor unfortunate victims are really not able to afford to go into the ordinary court. I am thinking of a case in Waterford where a man was beaten by members of the detective department of the Gárda Síochána and where there is ample evidence that he was beaten. Having had before him the example of what happened in Mr. Crotty's case, where the man concerned was not able to get the damages that were awarded, this man, named O'Donoghue, was not able to follow up the case and get justice.

When representatives of this House make serious representations to the Minister I think it is the duty of the Minister to make inquiries into each one of these cases. I myself asked for an inquiry in a case in Clashmore. Although the incident occurred a month or more ago the inquiry has been delayed, and whenever I ask for the result I am put off from week to week. I want to know when the Minister is going to give the result of that inquiry. That is one case. There is another case in which other Deputies were interested.

A moment ago the Deputy said I never ordered an inquiry.

You have not ordered inquiries into the vast masses of cases.

A moment ago the Guards could not go wrong; therefore there could be no inquiry.

There are numerous cases where you should have held inquiries, and where there has been an inquiry we do not know what the result is. I understand that some of these persons who were fined for the assault upon Mr. Crotty are still in the force. If I remember rightly, the grounds on which they were allowed to remain in the force were that their assault was not a criminal assault, but a technical one. I think that is what the Minister said.

He covered up the action of these people by saying it was something that could be passed over.

I think once a Guard has been convicted of an assault by a court he should be dismissed from the force.

As a matter of fact, I was not even Minister for Justice at the time.

I think the question arose under your administration.

No. However, go on, go on.

Then there was an outrageous case in County Clare that has been already referred to, the case of Hasset and Cahill. There has been an absolute refusal to hold an inquiry in that case, although affidavits have been sworn as to what actually happened. The Minister had the effrontery to suggest that those two men were perjurers, that he attached no importance to the sworn word of two individuals, although two public bodies had made representations, as well as representatives from two parties in this House. It is not too late for the Minister to mend his hand and to hold an inquiry into some of these cases. I should like to know if he proposes to do so. Then we have the case of a detective officer who was convicted of an assault and who has not been dismissed from the force. We have had the cases of raids on the president, the secretary and the treasurer of the Fianna Fáil Cumann in Drogheda in November last.

These details would arise more properly on the Estimates. We are dealing with general policy and not with specific cases. I think the Deputy will agree that they would arise more properly on the Estimate for the Civic Guard.

I do not see how they could. I do not want to go outside your ruling, but at the same time I do not want to find myself in the position of falling between two stools. My understanding was that the Vote of the Garda would be one dealing rather with details of administration.

I mentioned specific cases to substantiate the general case which has been made by other speakers.

Perhaps the Deputy would allow me to intervene. It was agreed when the Ceann Comhairle was in the Chair that everything about the action of the Guards generally would be discussed on this.

Is the Leas-Cheann Comhairle not entitled to judge as to what should be or should not be discussed on this Vote?

That does not arise. I was not in the House when this understanding was come to. I understood that the general discussion covering the two Votes should be taken on this Vote, and that details on the question of the administration of the force would be taken on Vote No. 32. If the Deputy is merely quoting certain cases in order to substantiate the general case he is making I will allow him to do that.

There was the case I mentioned in Drogheda. It was purely a political one, and there was no inquiry held. There was a case in Bantry, where the house of Michael Callaghan was entered and the people were put to great inconvenience. He had gone away from the place. If the Minister for Justice were a real Minister for Justice he would be careful of the interests of all these citizens, having regard to the two Articles of the Constitution which I quoted. We asked the Minister to give us a list of the people who had been raided and arrested in the city of Dublin. He refused to give us any list. I wonder even if he has a record of the number. One of the officers admitted that he did not know how many people had been arrested.

He may not, but I do.

May I ask the Minister if he has the names of the people?

Can he now give the House any reason why he should not supply that list?

Because he does not think it advisable.

The Minister has a quiet way of saying the most subversive things, which stop one thinking. And this, too, in a House which is supposed to represent the whole country, and where the interests of all the citizens are supposed to be protected. The Minister for Justice has the face to say that he will not give the names of people who have been arrested, not only once but several times. Under what kind of justice are we living? What is the meaning of these two clauses in the Constitution? Are they just nineteenth century liberalism, as the Minister for Defence calls it, or have they any meaning at all? Surely we are entitled to the names of those arrested, the reasons for the arrests, how long they have been arrested for and generally, the information asked for by a very large and representative body in this House. The Minister cannot continually go on treating half of this nation as criminals, even if a Deputy fresh from the polls says that perjurers are as common in Ireland as crows. If the things that are said about the Irish now had been said by Chief Secretaries under the old régime, the Irish people would have risen in a rage of indignation against them. As somebody said in history, when you want to roast an Irishman you will always get another Irishman to turn the spit.

You are turning it well.

We are better at vilifying our own people than are outsiders.

Hear, hear!

Well, of course, while the Minister for Justice has that outlook, that at least 500,000 in this country are associated with crime, one must come to the conclusion that they will think this country is in a state of civil war. Everything the Minister for Defence said pointed to a state of mind on his part in which he cannot think of this country except as in a state of civil war. He is thinking of conditions as they were five or six years ago. He cannot get away from the atmosphere of civil war. He bulks all Republicans with criminals and then he says that all these criminals are common criminals and not even political criminals. I do not know if the Minister for Justice agrees with him. If he does not, I hope he will repudiate him, because certainly an attitude of mind of that sort controlling the Ministry of Justice in any country is about the most undesirable that one could imagine. The only protection this country has at present from civil war is the sense of humour which exists in the Fianna Fáil Party.

That is the best to-day.

If we were to take the thunderings of the Ministers on the other side seriously we should be sending emissaries to Mexico or some place like that to get experts in arms and ammunition in order to defend ourselves. The attitude of Fianna Fáil is a perfectly clearly defined one, however much the Minister for Agriculture or the Minister for Defence may try to cloud that attitude. It is possible that a de jure government of a country may be so defeated that it becomes necessary for all citizens to take up an attitude of accepting the de facto government in the interests of the general public and in the interests of maintaining conditions of peace and good order as the only thing to be done under the circumstances. Those who stood for the complete independence of Ireland, those who stood for the Republic of Ireland—I do not think any of us are ashamed of having stood for that, and I think a great many members not in the Fianna Fáil Party are as proud of having stood for the Republic as we are—will all admit that a position arose where it became impossible to maintain the establishment of that body. We hold that the Government, such as it is in this country, is a de facto Government. We are in this House because we represent a certain number of the Irish people, and we recognise this House in so far as it represents the Irish people. At the same time, we are not going to give up the old ideals.

Is it a de jure Government?

I say it is de facto.

Is it a de jure Government also? That is a plain, simple question.

The Deputy does not know the meaning of that.

Oh, yes, he does, but he does not know the answer.

It certainly is not the de jure inheritor of the Republican Government.

Is it a de jure Government?

It is a Government which has to be recognised for the time being.

It is a de facto Government and beyond that I will not give an answer, because the Minister understands the implications in the answer as well as I do.

I have got no answer yet.

There are mischievous interpretations which might be put upon going any further than I have gone. And I do not wish to go any further. But certainly the de jure inheritor of the Republican Government was the Government which was defeated in the civil war.

Has it any inheritor now?

Well, you have already had an answer to that question from the leader of the Opposition.

We have that answer—the Party outside.

I move to report progress.

Progress ordered to be reported.

The Dáil went out of Committee.
Progress reported. The Committee to sit again.
The Dáil adjourned at 2 p.m. until Wednesday, the 22nd May.
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