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Dáil Éireann díospóireacht -
Wednesday, 9 May 1934

Vol. 52 No. 6

In Committee on Finance. - Vote No. 32.—Office of the Minister for Justice.

Debate resumed on the motion by Minister for Justice (Mr. Ruttledge):—
Go ndeontar suim ná raghaidh thar £23,058 chun slánuithe na suime is gá chun íoctha an Mhuirir a thiocfaidh chun bheith iníoctha i rith na bliana dar críoch an 31adh lá de Mhárta, 1935, chun Tuarastail agus Costaisí Oifig an Aire Dlí agus Cirt.
That a sum not exceeding £23,058 be granted to complete the sum necessary to defray the Charge which will come in course of payment during the year ending on the 31st day of March, 1935, for the Salaries and Expenses of the Office of the Minister for Justice.

This Vote was under consideration on the 27th April, when progress was reported. There are really two points of view in connection with the administration of justice or the preservation of order in the country. One is a very considerable police force, capable, efficient, mobile, and well adapted to police purposes, and the other is general co-operation on the part of the citizens of the State with a view to the preservation of order and good feeling and the acceptance of the obligations as well as the duties of citizens. Judging this particular service from a superficial examination, or making even a close examination, one is inclined to come to the conclusion that the Ministerial view with regard to a police force is that it must be large, that it ought to be efficient, that it must be called upon to do duty, that it is bound to be placed in difficult positions and that the major work which it is expected to perform is as the result of the announcements, pronouncements, statements or speeches of Ministers. That is unfortunate. For the last two years, if there was anything in the nature of provocative language in this State, it was the language used by Ministers of the State. What their purpose was is an important matter. If they were unaware of the danger that they were plunging the country into; if they merely had politics in their minds and did not advert to the construction that hotheaded young people might put upon their statements—if that be the case, the sooner they mend their hand with regard to it the better.

The Minister has at least this advantage over his colleagues in the Executive Council, that he belongs to an honourable profession. He has had experience in the courts. He has had, perhaps, a greater contact, by reason of that profession, with the police than have had the other members of the Executive Council. He has some experience of courts and he ought to be in a position to tell his colleagues on the Executive Council where and how they make mistakes, how they abuse their positions if they make these provocative speeches, and if they occasion greater strain being placed upon the Gárda Síochána than he, as Minister, or any other Minister, could possibly be expected to make the force equal to.

Reference has been made here during the last two years to attempts to interfere with the right of public speech. I do not know that I have ever heard, or read, of the Minister addressing himself to that subject. I do not know what is the Executive Council's attitude as regards the freedom of expression of opinion. If we are to analyse their attitude on the matter from what transpired here yesterday—the statement made by one of the Ministers—I would say they were not in favour of the free expression of public opinion, or else they had a bias as regards religion. According to one Minister yesterday evening, a particular Party in this House has always voted one way and that was one of his reasons for wiping them out of existence.

On at least four occasions in two years there was interference with the right of public speech, the freedom of public meeting. Examining that and tracing it back to its source, it is plain to me that Ministers have not taken up a very emphatic attitude in favour of freedom of speech. I am afraid I cannot exculpate the Minister for Justice in that respect, because he is reported to have given expression to some sentence such as this: "Get the accursed crowd out of our way." That may be all right at times when Ministers are heated, excited or hysterical, but it does not do when you are responsible for the administration of a huge organisation such as the Gárda Síochána. Take the man amongst the members of the Executive Council who ought to have a little sense, the President. He stood up and said that he could not make men or causes popular. Just imagine such a statement coming from the President of the Executive Council. He was not asked to do it. Nobody expected him to do it. What we would expect him to have is some little common-sense. We want no encomiums from that source or from any Minister, but we do expect to get from the Ministers such statements as will not provoke disorder. Two years' experience of their pronouncements satisfy us that they are not as much concerned as they should be with public order in the State.

With regard to the Gárda Síochána, Vote, some £60,000 or £70,000 are added on this year. If we are to accept the President's statement, made a short time ago, there was never more peace in this country than at present. Is that as a result of the increase in the Gárda Síochána Vote? If it is, apparently we are going to keep peace and order here with the baton. The people are orderly and they do not want disorder. The change made some fifteen months ago must have had its effect amongst the members of the Gárda Síochána. I am told it is considered almost an offence now if any member of the Guards salutes the ex-Commissioner. If that sort of policy is to be carried out, what will its effects in the future be? What effect will it have on the morale and discipline of the force? If it is going to be regarded as a sort of offence for a Guard to salute the man who at one time occupied the position of Commissioner, will it add to the better discipline of the force? Will it tend towards good feeling amongst members of the force? Will it help towards encouraging the spirit that should operate in an organisation of that sort? I do not expect the Minister would put up a case that if a Commissioner be removed from office, from that day forth his name is to be anathema to the whole force of the Gárda Síochána.

If we come along then to examine how this extra sum of money has been spent, we find that in one case in Dublin Commandant Cronin was charged with having uttered a seditious statement calculated to bring the Gárda Síochána into contempt. He said that they had planted or placed some ammunition in his office. He was tried for that and was acquitted on the charge. I think the Minister ought to tell the House if the authorities have taken any cognisance of that event, if there has been any inquiry into the conduct of the Gárda responsible for discovering that ammunition, and with what result. Deputy Mulcahy the other night read about an attack that was attempted on a Mr. Murray of Cork, who was being guarded by two of the newly recruited members of the Gárda Síochána. On a previous occasion Mr. Murray's house was fired at, although he was supplied with a guard, and I believe they also were two of the newly recruited members of the Gárda. There was another case in which a member of this newly recruited force was in court and was described by one of the counsel as being "a two-gun man." I do not know whether the man concerned has a licence in respect of those two pieces of artillery or not, but if he has not the Minister cannot expect other people to have respect for the law if the officers of the law themselves do not respect it.

Quite recently—I think about ten days ago—a large number of farmers attended a sale, or a supposed sale, that was to take place in the town of Naas. From all the information that I have been able to gather about that particular congregation of farmers there was no disorder. There was no attempt at disorder, but without a moment's notice, or without any warning, a baton charge took place by the police. I do not know whether or not the Minister has inquired into that. From the answer he gave to a statement here to-day it would appear as if he had made some inquiry into it. The decision of an officer of the Garda Síochána to order a baton charge is a very serious decision. He should not resort to those methods of keeping order except in the last resort. Even when the British were here, I think that before there was a baton charge it was necessary to summon a justice of the peace or a magistrate, who had to read out the Riot Act, and people had to get notice. It is rumoured through the County Kildare now that the Commissioner's own brother-in-law was assaulted on that occasion.

Now, I will come to an incident that I described in the House before. I need not go over the same ground again, but there was a sequel to the statement I made on that occasion. If the Minister did not hear it or if he did not know of it I shall repeat it for him, but I suppose he both heard of it and knows it. It is in connection with Parnell Square, but, as I already spoke on it, I take it that I need not go over the information that I laid before the Dáil on that occasion. Some three or four days after I had made that statement I was informed that an inspector of the Guards wished to see me. I was engaged on that day and had the Guard informed to that effect. On the following Tuesday the cards of a superintendent and an inspector of the police were brought to me out where I live in the country. They introduced themselves, one as a superintendent and the other as an inspector, and said—I think it was the superintendent—that they called on me in connection with the incidents which had taken place on some date in February—the 10th or 11th of February or whatever date it was—and in connection with what was said in the Dáil on that occasion, and that they wished to ask me some questions about it. I inquired if they knew all about the circumstances and incidents, and they said "No," other than what they had read in the newspapers. I gave them an instruction on the spot to send somebody to me who did know and who would answer to me as to why it was that the police did not raid those premises. I do not know whether it was for a political purpose or for a police purpose that I had that interview, but whether it was for the one or for the other it showed an incompetence that astonished me.

I referred on a recent occasion to the attentions of the police to myself and to my own movements. From, I think, 1927, when the late Minister for Justice was murdered, the police and the military decided that I should have a guard and that other Ministers should be similarly accommodated. It was against my wish and will, but nevertheless they insisted and so, for some four or five years, I was accompanied throughout the country and to all places that I went by a military guard. I believe that the underlying notion with regard to supplying me with a military guard was that whatever danger was anticipated was of a military character—guns or bombs or whatever you like to call them—and that, as such, they thought that soldiers were best adapted to the meeting of such a danger. Some time last year, without a moment's notice, two members of the police force called at my house to know where I was. They were told that I was here in town, and then, for the first time and in quite a roundabout way—I think it was from the maid in my house that I learned it—I was informed that there was now an alteration in Government policy and that I was to be looked after by a police guard and not by a military guard. I objected to it and within 24 hours, having managed to elude the observations of the police on the night they were first put on to the work of looking after my protection, they reverted back to the military again. Some five or six weeks ago another change was made. The military were taken off and it is now a police proposition.

If the danger that the Government apprehends in my case is a military danger, police are not the people to deal with it, and if they can make no other arrangement than that, I tell the Minister to remove those people who are reporting my movements to him. They are not protecting me. They have not protected me. I have gone through this country without them from one end to the other and I do not want them. I think that it is a monstrous invasion of a citizen's rights and gross disrespect to a member of this House and an ex-Minister of State to be carrying on such persecution as that. There is one at the front gate and another at the back gate. I cannot go out of the house, I suppose, without my movements being reported to the Minister by one of his police officers. It may be that because Ministers are now guarded themselves that they want to be in the position of being able to say that I am being guarded also. I do not want their guard. I want to be left alone. It is no pleasure to me to have to bring up this matter in this House, but I protest vehemently and strongly against this invasion of a citizen's rights or this disrespect to an ex-Minister of State. The whole cost of this particular service might be lessened very considerably if Ministers, when addressing their constituents or the people of this country, concerned themselves more with keeping order and with impressing upon their followers that they should not break the law; with telling them that public meetings should not be interrupted and that they would not stand for such interruption, and with pointing out, however objectionable it might be to them, that their political opponents insist now and always insisted upon giving that right to those who differed from them.

The Minister seeks increased expenditure on the Guards for the coming year. It is well that the mantle of secrecy should be taken off the use to which the Guards are being put; that the air should be, at least, cleared regarding rumours that are afloat—and that seem to be pretty well substantiated—concerning the use that is being made of the Guards. The taunt has been made that the nerves of the Guards are being strained, because unpopular people get on platforms to "put over" on the people doctrines that they do not want. It has also been alleged that the people do not want any doctrines from the people alleged to be unpopular who try to put these doctrines over on them. Certain actions of the Government have been unpopular. They have come down as being traditionally unpopular, so unpopular that no civilian can be got to perform them. But the Guards are being requisitioned to do them. That is the story that is abroad. If these rumours are not true I should like to have them unequivocally denied by the Minister for Justice, who is the Minister concerned, and by the Attorney-General. As a Minister who has been mentioned in connection with this matter is, unfortunately, not in the House —the Minister for Defence—the Government would be well advised to defend such action, if it is true, or to deny it if it is not true. The Government ordered the sheriffs to make seizures for debts that have not been paid. I am not going into that aspect now, because another time will come for it.

Hear, hear.

When the Deputy who ironically interjects "hear, hear," goes to his constituents in Cavan the ironical "hear, hears," will have changed into a serious matter for him. Following an illegal seizure by the sheriff in Kildare recently cattle were put up for sale. No one would buy them. There is no question about the unpopularity there. Even though 300 or 400 Guards were brought into Naas to protect any blackleg who would bid for the cattle, not a single blackleg was got to do so. Something similar happened in Clonmel recently, but I will keep to the one example and follow it to the end. The sale in Naas was abortive. A week afterwards the sale was again fixed, and according to the newspapers 300 or 400 extra Guards were drafted into Naas. It seems from what followed as if some of the officers of the Guards were determined to win Victoria Crosses that day, perhaps to justify a reason for future promotion. A sale is alleged to have taken place. The general belief in Naas, and all over the country, is that the cattle were not bought by any man in the trade, or by any man who ever bought cattle, although a local patriot calling himself the O.C. of the I.R.A. bid 2/-. The cattle were not bought by any bona fide purchaser. The Minister for Justice and the Attorney-General will remember that I was convicted before the Military Tribunal for being at a sale in Linehan's Pound, the allegation being that I was not there as a bona fide purchaser. Let us examine the bona fides of this purchaser. I put this case to the Minister for Justice, and to the Attorney-General that, in the fight against majority Government in this country, an old comrade of the Minister for Defence, who left after the civil war, and who, the allegation goes, put in an apprenticeship at bootlegging on the Canadian border, came back when his friend became a Minister and joined the special branch of the Guards, which has been nicknamed the “Broy Harriers.”

It has been already indicated by the Chair that that term should not be used towards any of the forces of the State.

I remember that. I did not call them the Broy Harriers. I said they were nicknamed the Broy Harriers.

The Deputy did so by a side-wind.

I will not try to do so by a face-wind or by a side-wind if the Chair says so. This question is windy enough without bringing in any side-winds. The allegation is that the Minister for Defence brought his friend—I can give the name if it is required—into this branch and that this friend came into the breach, and, as the story goes, requisitioned two well-known smugglers from his native Armagh. (Laughter.) Do not laugh!

I cannot help it.

If there is any doubt about the truth of the story, which I am telling as I heard it, it is for the Minister for Justice to give the name of the bona fide purchaser at Naas. I challenge him to do so. Not a man in Kildare bought these cattle, nor in any of the neighbouring counties. The Government knows that well. Deputy Donnelly knows that he would not get one of his constituents in Leix-Offaly to go to Naas to buy them.

According to the Deputy they came from Armagh, my native county.

The Deputy should wait until he hears the sequel. The story is that the cattle were put on rail at Naas and sent to Dundalk where the Guards were notified to facilitate the two smugglers who came to get the cattle across the Border. They got them across the Border. If that statement is not true it should be denied. If the Minister and the Attorney-General deny it, I will accept their denial. If it is not true, is that what we are paying extra police for? If it is true, which is the popular and which the unpopular Party in this country?

By the acts of men they will be judged by the public. If the Government are using the servants of the State to do those unpopular things they are using the police to do things which the public condemn and which the public would not do themselves. The Government are able to tax the people of the country to use the police to do work that they were never intended to do and that no man, free from Government control, will be found to do. I think the Attorney-General has burned his fingers very much. He brought his poor dupe into his own office and told him to do a certain thing. He got his friend to lend his name as "John Brown." The whole thing came out in a most unexpected way. Of course, the vengeance of the Attorney-General and the Minister for Justice was shown against a police officer because he would not do what a police officer in Naas did.

I wonder can the public peaceably congregate in the town of Naas without 60 or 70 Guards being rushed on defenceless people to baton them about the streets. Is that what the police are to be used for? Does the Attorney-General or the Minister for Justice stand over that? If they do not, will they institute an inquiry into it? There was no attempt at a riot; there was no justification whatever for it. Yet it was done, and there has been nothing about it. The two Deputies that I might say represent the Government in Kildare have not raised the matter. It is allowed to sleep.

On this point of using the Guards. I think it is part of the function of the Minister for Justice to see that when an auction is held it is an auction—a public auction—to which the people will be admitted, that, according to the practice of a public auction, the goods for sale will be exposed for sale and that a genuine sale will take place. In this case no genuine sale took place. It was just as bad as what the Attorney-General got up to his neck in in Lenihan's pound. His friend "John Brown" had to go into the box and swear that the Attorney-General asked him to buy the cattle and his friend the police sergeant had to say that he got instructions to go there to bid for them and to give the name of "John Brown." Notwithstanding that the conditions of sale were that cash should be paid, the police sergeant swore that he had no money to pay for the cattle and that he was not to be asked to pay for them. The other thing has not been brought into such open daylight, but I think the statement I have made as to the history of the sale of the Naas cattle is substantially correct. I think that those professional smugglers, who are recognised, apparently, if the story is true, by the Minister for Defence and by the Department of Justice, are about to swoop down on Tipperary again. We will see if they will. The resources of civilisation are not yet exhausted. These smugglers might come once too often and the Attorney-General and the Minister for Justice might get into the soup once too often. I hope that they will be able to show, for the sake of the country and of the Department of Justice, that the story I have unfolded is not true.

Tell the other story about the first sale in Naas.

I will tell the Deputy about it. The cattle were seized from Charlie Farrell for the sum of £10 current arrears of annuity due on 1st December last. Mr. Neville Chamberlain in the House of Commons stated that he had collected that annuity off the farmers of this country.

What happened the cattle?

I am speaking, and if you want to speak you can get up and speak when I am finished, if you are able to talk on the subject. I have been asked a question about the first sale and I will answer it. That £10 was a balance of annuity due by Mr. Farrell for the gale—

Will the Deputy relate that to the Estimate?

I was not dealing with it until I was asked a question.

Because a Deputy makes an interjection it does not make it relevant.

I dealt with the second sale. He asked me to deal with the first. I am dealing with the first sale now, if I am permitted.

I want to know in what way it is relevant to this.

Because the report I have got about the misuse of the Guards arose out of a seizure made for a land annuity that was alleged to be due.

I shall hear the Deputy so far as the alleged misuse of the Guards is concerned, but I cannot allow him to travel over the annuity question.

He gave Smith his answer.

Deputy Smith, if you please.

He gave Deputy Smith his answer.

The implication in the Deputy's remark, to my mind, was that something legal was taking place in Naas, that the public acted illegally, and hence the Guards were brought in.

Hear, hear.

Deputy Smith says "hear, hear" to the suggestion that something illegal was taking place and Deputy Smith is elected by the farmers of Cavan.

Hear, hear.

I hope to visit Cavan one day and to meet Deputy Smith there. He will not have as big a meeting as the last day I met him.

Come down to the local elections.

I am clearing your crowd out of Dublin and I have not time to go down. I am occupied at present. After the elections I will go down.

I will be a candidate.

You will want to mind your place there in order to hold your seat. To go back to the misuse of the Guards, they were first misused because the seizure of the cattle was loot on the part of the Government. The alleged debt had been paid by the farmers.

That is irrelevant.

That is my case.

The Deputy really cannot go into the land annuity question.

I do not want to go into the land annuity question.

Whether that debt was due or not due cannot arise on this Estimate. The question that arises is how the Guards were affected in this case.

I had just finished my statement when Deputy Smith interjected his remark about going back to the first sale. Of course I accept your ruling, and that ruling precludes me from making a reply to that interjection. I quite agree that it is not relevant to the points which I got up to raise on this Vote, but I think I have said enough on this Vote to get some explanation from the Minister for Justice and the Attorney-General.

I should just like to bring under the notice of the Minister for Justice some incidents which occurred to my own personal knowledge. On the 3rd January last I happened to attend a local dance. I suppose everybody will agree that I had a perfect right to go there, and that supporters of mine had a perfect right to organise that social function. On that occasion there were stones continually being thrown at the people for at least an hour. I saw the Guards there. They interviewed those people. They tried by every persuasive means to get them to desist and disperse, but it was all of no avail, and it was only when they drew their batons and pulled their guns that it had a salutary effect on the crowd. If I asked the Minister for Justice what steps he was taking to bring those people to justice I would have been told that he was making inquiries. That occurred on the 3rd January, and yet it was only about five or six weeks ago that those people were brought before the District Court, with the result that they were told to be good boys and have no more to do with it. On the same occasion the glass of six motor cars was smashed, including, I am very glad to say, one of their own supporter's cars. He brought a crowd in to wreck the hall, and when he was going back through the crowd they mistook him for somebody else, and let go at his car the same as everybody else's car.

I have seen on other occasions, at meetings which I have attended, interruptions aimed at preventing freedom of speech. The Minister knows that that is occurring. For some reason or another I find that the opposition to our meetings is growing stronger every day. It is a very strange thing to me, because I will say that during my election campaign I did not meet with any serious opposition, but lately it seems that the opposition is becoming more violent for some reason or another. They neither want their political opponents to hold a meeting, attend a local function or anything else. The records are there for the Minister to see and realise. There has been a question raised here about the use of the Guards or their misuse in connection with seizures of cattle. I should like to point out to the Minister that the history of this country is that when the farmers' cattle were seized in the past—as I am afraid they will have to be seized in the future—the farmers came together. They will come together in the future, in spite of everything. Those are the things that have happened. Stories are still being told by the firesides in the country about the fight which the farmers had to make to break landlordism in this country. It is still being told, and the young fellows of the present day have it in their minds. There is no use in the Minister or any member of this House thinking there is anything else but absolute inability on the part of the farming community to meet their obligations, whether rates, annuities or anything else.

Would the Deputy tell the House if the farmers who are putting up the fight to-day ever fought for any national movement in the country.

Yes, and they are as national as the Deputy.

I know the contrary.

I fail to see how nationality or nationalism arises in connection with this matter.

A Deputy

Of course you do.

I know very well that the farmers are as good nationalists as the Deputy, and have done their bit for the country in the past. It is idle to think that nobody except the Deputies on that side of the House has a good national outlook or ever did anything for the country. I say, I contend, and I know that farmers in the past have come together in defence of their own interests. They had to do it when they were rack-rented and everything else. Is not that what brought about the various Land Acts of the past? Within half a mile of where I live, records are still kept of the fights that were made. They are there for everybody to read. I can see that anything which occurs at the present is insignificant compared with what occurred in those days as regards the farming community and their fight for what they considered their rights and their interests.

Why are there so many ex-landlords associated with the Deputy's Party, then?

I do not know who the ex-landlords are. I have not been associated with them. Perhaps the Deputy has? Certainly I am not, and have not been associated with them. I do not know who or where they are. I know that the particular person to whom the Deputy refers as an ex-landlord——

What about Lord Muskerry?

What about this Vote?

I happen to live on the boundary fences of what the Deputy would call an ex-landlord. There is no relation of his there now. The place is occupied by somebody else. That is the nearest approach that I can find to anything like landlordism in my county. It is not there, and the ex-landlords are not there either. I appeal to the Minister for Justice to exercise restraint in connection with those seizures. They have taken place in Clonmel, although the President made a statement in that very constituency about a week before, in which he stated that those people who were unable to pay would not be unduly pressed. In one case an affidavit was brought up here before the Minister for Justice, and still the man's cattle were seized and sold. Governments in the past never got much out of this sort of thing, and Governments of the future will not get much out of it either. I counsel them to use restraint in connection with the use of the police force in seizing cattle, because in my humble opinion—and I know the position as well as anybody else—the people have an honest inclination to meet their obligations whenever they can.

As I pointed out, an affidavit in connection with the last seizure was presented here on behalf of this particular man, and I was wondering whether any cognisance was taken of the fact that the President made the statement that people who were unable to pay would not be pressed unduly. The use of the police, and especially the misuse of the police, at cattle sales, are things that the Government should be very chary about. I hold that everybody has a right to attend at a public auction. I attended them in the past, and I shall attend them in the future. I do not want any disturbance, and my presence would have a different interest to serve than that of disturbance. It does not serve the interest of anybody that the police force should be used at sales of cattle with which they have no connection whatever.

Had it not been for the speech delivered by Deputy Belton, I do not think I should have participated in this debate or joined in the discussion. Deputy Belton painted a very vivid picture of what took place. I could paint as vivid a picture of what he forgot to tell the House took place as well as what he told us happened——

Leas-Cheann Comhairle stopped me.

The Deputy went on, very diplomatically from his point of view, to inform Deputies listening to him of the grievances of which he complained. He is a masterhand in trying to get in all about the annuities on every occasion in this House. Let us examine this Naas business from the start, and see how the Guards were brought in. A seizure of cattle took place. Mr. Farrell did not pay his annuities and his cattle were seized for the £10 that he had not paid. Otherwise the seizure would not have taken place.

On a point of order, if the Deputy is allowed to affirm that Mr. Farrell had not paid his land annuities, I claim the right to say he had.

I am afraid the Deputy is misinterpreting my argument. I am going on the supposition that the money was not paid; otherwise, there would have been no seizure and the Guards would not have been brought to the auction.

I am going on the certainty that the money was paid.

I am going on the fact that the cattle were seized and that a sale was called. A number of people gathered to break up the sale and to do everything possible to frustrate it; to take away the cattle and to snap their fingers at the police and the people in authority. It was only when the second sale was called that there had to be a reinforcement of the Guards in Naas. What brought about all this? Look at the real cause of all this trouble. Why did not Mr. Farrell pay his annuities?

I do not think that arises. The Guards and the Minister have nothing to do with the matter whether Mr. Farrell paid his annuities or not. How the Guards acted, and how the Minister directed them to act does arise.

I want to explain why the Guards were there. This gentleman was advised by a member of the United Ireland Party not to pay his annuities.

When and where?

The Deputy will get it all in the newspapers.

Where was he advised.

At Monasterevan.

In what paper is all this to be found?

In the Irish Independent. Deputies on the opposite side of the House know it to be a fact and cannot deny it. I could give the date of the paper, and I could get a copy of the paper. The money was not paid and a seizure took place. A crowd of Deputy Belton's supporters, and the friends of Mr. Farrell, came along and tried to frustrate the sale and a second sale was announced. A similar result would have followed in regard to that sale if the police had not taken action.

On a point of order, is the Deputy aware why the police acted?

That is not a point of order; it is a point of fact.

I happened to be in Kildare last Sunday, presiding at a convention, and the subject of how the police acted at the sale came up and was discussed. There were a number of farmers present and the only regret expressed in Kildare was by one gentleman, a former supporter of Deputy Belton, who said that they did not get half enough; that they were creating annoyance and disturbances and that the public had no sympathy with them for that reason. I would like to know the bank balance of the gentleman to whom Deputy Belton referred.

And I would like to know the debit balance of the gentleman to whom Deputy Donnelly is referring.

Deputy Belton would be better advised if, instead of encouraging this kind of disturbance, he would give friendly advice to the farmers to pay their annuities and to do what good citizens should do. Who wants to have baton charges in any town in Ireland? Why abuse the police force for doing their duty? They have to do their duty. The police officer in Naas is a well educated man —a barrister who qualified last year— and he is the last man in Ireland who would have recourse to force unless absolutely necessary.

I do not call in question this police officer, but I call in question the use to which the members of the special branch of the Gárda were put, in Naas, when some of them were put up to buy the cattle. Would the Deputy deal with that point?

The Deputy's supporters, and Deputy Minch's supporters in Kildare, and their friends in the conspiracy not to pay their annuities, held a meeting and passed a resolution that a particular police officer should be taken out of the town the night before. What knowledge had they that this disturbance would occur? What business had the Deputy at the fair? He went there to make things as difficult as he possibly could make them for the Government and the police. Was there not a public announcement made that if disturbances took place they should hold their ground and not show the white flag? Were they not told that Deputy Belton would be there, and that he would make one of his usual nonsensical speeches? The Deputy talks about the special force of the Gárda. There are some men in that special force of the Gárda against whom it ill becomes Deputy Belton or anybody else to say anything, because were it not for the action of some of these men, in the five years from 1916 to 1921, there would be no such institution as this Dáil for Deputy Belton or anybody else to make speeches in. That is the type that is in the special force; we know several of them. No more honourable types of men exist. They have one fault—they are poor; they are the sons of poor men and workers. They are not wealthy, and possibly some of them never would be able to find their way to a U.I.P. platform with the viscounts and earls and lords and many others that go to make up the Opposition that is so noisy in the country.

Mr. Rice

I was wondering if any Deputies sitting behind Ministers intended to rise and take part in this debate, because, except for a small contribution earlier in the day by Deputy Victory, not a word has been said from that side unless by way of irrelevant and, more or less, disorderly interruption. We have heard this afternoon the old cry and the old attack on Unionists or ex-Unionists, of which people ought to be ashamed. We have had it from a Deputy who sits on the opposite side and who never contributes to a debate here, usefully or otherwise, whose forte is simply interruption. We have had it also from a Deputy from whom something better might be expected, Deputy Donnelly. Deputies ought to be ashamed of these attacks on our fellow citizens. The people who are being sneered at here as ex-Unionists are worthy citizens of this State. A much bigger and a richer country than this would be very much poorer for the loss of citizens of this type. It is time that this unworthy attitude was dropped in this House.

I oppose this Vote on the ground that the Gárda Síochána are being misused by the Government. It is most deplorable that that should be so and that the confidence of a considerable section of the people in the impartiality of the Gárda should be shaken. There is a tradition of hatred of the police force in this country, derived from the days when the British Government were operating here. Owing to that tradition, the ordinary citizen has been reluctant to give assistance to the police even in preventing ordinary crime or in discovering the perpetrators of ordinary crime. That was because the police force under the British Government was associated with a particular political object and a particular form of government, against which the great majority of the people protested.

That mentality was unfortunate and it was dying out pretty rapidly until the change of Government two years ago. Instead of the old police force who were used for spying on the people politically and not for ordinary police duties, we had a force built up which was a police force in fact as well as in name. It carried out its duties impartially. It was an unarmed force, which carried out its duties within the law. We did notice a considerable change in the attitude of the people, with the exception of the most criminal and rowdy elements, towards the Gárda. They found that the Gárda were not being used for political purposes but merely to see that the law was impartially administered and observed. They were performing their duties impartially, whether the citizens concerned were supporters of the Government or of the Opposition.

That state of affairs is rapidly passing. The police—no doubt, through no fault of their own— are being identified, more and more, with one section of the community. The Leader of the Opposition referred this evening to the recent baton charge and to the remarkable fact that even the protection given to meetings in the old days under the British Government has been withdrawn. Formerly, there was no baton charge without a warning in the shape of the reading of the Riot Act. No warning was given to the people at Naas before the recent baton charge took place. Why was a baton charge ordered without any warning to disperse? The Minister should remember that even if you have a crowd—I am not now talking about Naas—that is more or less disorderly, there will be a number of unthinking, innocent people present who have no intention of breaking the law. For the protection of these innocent citizens who may be in the crowd, a warning should be given and reasonable time should be allowed the crowd to disperse before force is used.

Will the Minister assert that that was done in Naas? Abundant evidence is forthcoming that no warning whatever was given before this baton charge was loosed on these unfortunate people. What inevitably happens in these cases occurred—a number of innocent persons and small children were struck about the head with batons. Will the Minister explain this change of practice? If he thinks that the law does not compel him to direct that warning should be given before a baton charge is ordered, why does he not issue instructions to the Gárda to order a crowd to disperse and to give reasonable time for dispersal before a baton charge takes place? That is as regards the treatment of people who, presumably, are not supporters of the present Administration.

This Vote shows an increase of over £70,000 on the Vote for last year. The Minister, in a somewhat perfunctory manner, in introducing the Vote said that the increase was owing to a state of affairs from which nobody in this House could derive any pleasure. What were the circumstances which necessitated this increase? Were they not the recruiting of the new brigade? What duties have they been performing since they were recruited? Have they been merged in the ordinary Gárda force or are they still kept as to separate unit? Were the men as to whom Murray made his affidavit members of the new force? Has any inquiry been held into their conduct on that night and have any disciplinary measures been taken as a result of that inquiry? Are they still members of the force? Will the Minister explain how it is that every Sunday the meetings of the Opposition Party are marked by a crescendo of disorder? Is that not the natural sequel to the fact that crimes of intimidation and violence are being committed daily against members of this Party and their supporters, and that a very small proportion of the perpetrators of these offences are brought to justice? If the police are efficient—I have no doubt the great majority of them are —they ought to be able to lay their hands on the perpetrators of these offences. Why are they not brought to justice?

Deputy Fitzgerald-Kenney on an earlier day in discussing this Vote referred to an incident at Parnell Square. He referred to the fact that the Minister had admitted that the police were aware beforehand of the meeting that was being held there—a meeting of gentlemen who were called together to organise and make bombs— that he knew how those bombs were to be used, and that a considerable number of Gardaí watched what was going on through field glasses in that house. Will the Minister explain why it is that the Gardaí did not intervene then and there and arrest the persons who were engaged in this criminal conspiracy and this criminal undertaking? It is inconceivable to me that if the police had not instructions not to interfere they would have done so, and it is more than conceivable that if they had intervened on that occasion the murder of Mrs. McGrory on the following day in Dundalk would have been avoided. Why was that meeting not there and then raided, and why was the material, the warlike material which these gentlemen were handling, not seized on? Is it by reason of the undertaking that was given in this House—I can call it nothing less than an undertaking—by the President that if these people did not parade in public with their guns and ammunition that their guns and ammunition would not be interfered with?

The police were used last July to go around to peaceful and law-abiding citizens who held arms under the authority of the law and of the State —to people who had obtained a renewal of their licences under the present Government—and during the currency of those licences ordered to take up the arms which those people held lawfully for their own protection. But the police have not yet been used to take up arms from the people who hold them without leave or licence from anybody; from people who have publicly and openly declared that they require no authority from the Government to keep arms, and that they are going to keep them in spite of the present Government. These statements have been made again and again by the allies of the Government outside. Perhaps the Minister will explain why it is that not even yet have those people been visited by the police: the people who have openly declared that they hold arms and mean to hold them. Will the Minister explain why they have not been visited and the arms taken from them? They have openly declared that they hold them without authority and in defiance of the law. I say that it is a misuse of the Gárdaí in that way that will bring back the old feeling that we were getting rid of in this country: that the police were not the servants of the people, but that they were the servants of an autocratic Government which was using them partially against a section of the people.

To come to some minor incidents of the disorder that is being tolerated at the present time: on three occasions since the premises, No. 5 Parnell Square, were restored to their lawful owners by the Government, the windows of those premises have been broken. The premises are in one of the most frequented and crowded parts of the City of Dublin, a main thoroughfare for traffic on the east side of Parnell Square. On the 22nd March the windows of No. 5 Parnell Square, the headquarters of this Party in North City, were broken. They were broken again on the 9th April and later on the 5th May. Each of those outrages was reported immediately to the Gárdaí. Has anything happened as a result? It is perfectly incredible that if the police are not being interfered with in the carrying out of their duties they must know perfectly well who are the criminals and who are the perpetrators of those outrages. We have had more outrages of a worse kind because they are outrages against the person. Not only men and boys but girls have been beaten in the streets of Dublin by the disorderly supporters of the Government. Have any of those people been brought to justice? I do suggest to the Minister that it is his duty to the people of this country to see that the Gárdaí are put back on the old basis on which they were before his Government took office: to see that they will enforce the law impartially as between the citizens supporting the different Parties in this State, and that the Gárdaí themselves will not feel that they do not know where they are when they are arresting a person for a crime until they know what Party the particular offender supports. I have no doubt that the Gárdaí are perfectly willing to carry out their duties impartially. I have no doubt, having regard to the things that are happening, that the Gárdaí feel no confidence in the support of the Administration in the carrying out of those duties if they carry them out impartially against the Government's supporters.

On this Estimate I also desire to offer a protest against the unfair, partial and often illegal manner in which the law is being administered by the present Executive. There appear to be two different methods of administering the law: certainly two different methods as between the two great political Parties in the State. We have had numerous instances related in this House and elsewhere of the treatment meted out to members of the organisation represented by Deputies on this side. I have spoken of the illegal measures taken by the Government. I, myself, was a victim of the illegality of the Government. Some months ago I attended a meeting in the village of Kilteely, County Limerick, a thing that I had a perfect right to do as a Deputy for the county. It was a perfectly orderly meeting. I should say, in passing, that it was one of the few meetings I have had experience of at which there was no opposition whatsoever. There was not even the danger of opposition. The meeting was perfectly orderly and peaceful. I got on the platform and made a speech. When I came down off the platform I was approached by a sergeant of the Gárda and informed that if I got on the platform again I would be taken off. I have respect for the Gárdaí—I believe that the Gárdaí are acting under orders—and I did not go back on the platform. But I was in the precincts of the platform later when a superintendent of the Gárdaí approached me and said: "You have got to leave the meeting." Naturally, I asked him why. He gave the usual answer: that my colour was not suitable: that I had a blue shirt on me. As a matter of fact there was a very small portion of that particular shirt visible and no one could have sworn whether I had one or not. I said to him: "Are you sure?" He replied: "Well, you have got a blue collar on anyhow." Then I said: "Well, then, Inspector, it has come to this—that I have got to be expelled from a meeting of my own constituents because I have got a blue collar on." I do not want to say anything against the superintendent or the Gárdaí. They were perfectly courteous as the officers and men of the Gárdaí generally are. They were apparently acting under orders, but I was put to the indignity of being practically hustled off the platform and pushed out of a meeting when addressing my own constituents because the Executive of this State chose to act in an illegal manner. Now that is one particular incident. It has not, I am glad to say, damaged me amongst my constituents. If I had been vindictive, I might possibly have been tempted to seek damages from the Minister, but I prefer to let the matter slide having made these few remarks on it.

There have been other instances of the unfair administration of the law in my constituency and I desire to lay special stress on the situation in Limerick. We have had a situation there for 18 months or two years in which it has been made impossible for any people representing the organisation to which I belong to gather together for any purpose—social, political or any other purpose whatsoever—and the Ministry must be aware of that. They have had repeated instances of the conduct of men who are followers of their particular organisation. We had the instance that was related in this House of the meeting attended by Deputy Cosgrave when a set of violent, uncontrollable blackguards—I cannot use any other word—set upon the people as they marched peacefully through the streets and attacked the band with bottles, breaking the head of an unfortunate bandsman. That was the case of a public meeting. We had, later, the instance of a perfectly private meeting, a convention, addressed by Deputy MacDermot and, I think, myself in a building in the City of Limerick. There was not even what the Minister might call the provocation of any blue whatsoever around the place, but as we emerged from that building, we were both attacked and boohed. The glass in Deputy MacDermot's motor car was smashed just because we met, as we were entitled to meet, in a building, offering no provocation to anybody.

We had other instances and on last Saturday night, we had the final instance. Certain ladies who are supporters of the organisation to which I belong organised a dance which was held in Limerick on last Saturday night. About the hour at which people would usually be proceeding to a dance, thousands of people blocked and controlled the roads to the place where the dance was to be held. There were three distinct ways by which one might get to that place— Glentworth Street, from O'Connell Street, and the two approaches from Catherine Street, on both sides. Those three roads were practically blocked by a howling, aggressive mob. The chief superintendent of the Gárda was there and, of course, some of us thought it necessary to draw his attention to the situation. I asked him if he was going to remove the crowd and give the people a chance of getting to the dance or, at least, make some provision whereby the people could get to the dance. He said that he could not and advised me to mind my own business and that he would mind his. Those were not his exact words. I do not want to impute any discourtesy to the chief superintendent, but the drift of his remark was that he was doing his job. I said: "I am quite sure you are attempting to do it, but has not everybody a right to travel along a road and get to the place to which he wants to get without intimidation?" He said: "There is no intimidation so far," and I asked if it was not intimidation for thousands of people to block a road and to howl and to booh while other people are approaching a dance hall on that road and have no other way to get there except through that mob. He did not admit that it was.

While speaking to him I was called into the neighbouring hotel to see two girls there. One of these girls' shirts had been torn off by some blackguards and both were in a highly hysterical condition owing to the treatment they had received. I went out to the chief superintendent and said to him: "You have said that there was no intimidation, but there are two ladies in the hotel who were actually intimidated and assaulted and I should be glad if you would see them." But the chief superintendent could not see his way to do so and for nearly two hours those two unfortunate girls were left in the hotel without anybody taking a statement from them. I think that, eventually, owing to the intervention of a solicitor, a Gárda did take a statement from them, but whether that statement has reached the Minister, I am not sure. There were other people attacked on that occasion—one a well-known gentleman in Limerick, Mr. Harty, who was going to the dance. He is an inoffensive gentleman, who cannot be accused of giving anything in the nature of provocation to anyone as everybody in Limerick knows. He was molested and an attempt made to tear his coat off and to strike him with a bottle, because he attempted to attend a Fine Gael dance.

The Minister, in defence of some of the actions of his followers on various occasions in this House, has stated "We cannot make causes or people popular." I venture to say that that argument might be used, and pretty well used, against the Minister himself. The Minister cannot assume that all the areas in this State, and all the people in the different areas, are followers of his. He must know that there are areas in which the opponents of the Ministry are in a majority. There are places in my particular locality where the Minister's opponents are in a majority and if, to-morrow, or the next day, some of my followers, aggravated, intimidated and driven to desperation by the illegalities of the Minister and the acts of his followers, attempt to pursue some of these mobs and to drive them out, is the Minister going to say to us that he cannot make causes or people popular and that we were perfectly justified in assaulting these particular mobs? I shall be content, if the Minister agrees that we should be allowed to protect ourselves and if the Minister does not intend to put the law into operation in Limerick to the full, the day will come when followers of my Party must defend themselves. If they are to be intimidated at every social gathering, every political gathering and every other gathering in Limerick, is it not probable that the patience of these followers of ours, young men who see their sweethearts and their sisters, perhaps, assaulted by blackguards, who see inoffensive men like Mr. Harty struck with bottles, will be exhausted and if the law does not protect them, they will take the law into their own hands. Will the Minister then get up in this House, when some Fianna Fáil Deputy raises the question here, and after we have beaten the rabble out of the streets and say: "We cannot make causes or people popular"? If that is the only defence the Minister can offer for his administration, then it is no defence.

What is intimidation? Apparently, the chief superintendent of the Gárda in Limerick, did not consider it intimidation that thousands of people should block the roads so that other people could not attend a social function which they were perfectly entitled to attend. According to the Minister, it was not intimidation that Deputy Belton and a constituent of mine should be followed and boohed through the streets of Dublin. One would like to know what the Minister's definition of intimidation is, because, if the acts to which we have been subjected, during the last few months, do not amount to intimidation, there is no definition of intimidation possible in any language. I do not want, in any way, to make any charges against the Gárda Síochána, old or new. I am quite satisfied that they are an excellent body of officers and an excellent body of men but they are, apparently, carrying out instructions received from headquarters and those instructions, so far as we can gather, are that Fine Gael is to be obstructed in every way and that blackguards are to be allowed to molest them to a certain extent— to an extent short of murder—without being brought before a justice.

Why say short of murder?

I should not say short of murder because they have actually gone as far as murder. Is this the administration of law for which we are paying all this money? There is a limit to the patience of individuals and of Parties. There is a limit to the patience of my particular supporters in the County Limerick. I possibly am as peaceful a man as the Minister, possibly a more peaceful man. I have never been charged with any crime or any breach of the peace, inside or outside a court, but there is a limit to my patience and a limit to the patience of my followers and if the Minister will not offer his protection— perhaps I should not say protection; we do not need protection—but if he does not restrain the blackguards in the City of Limerick and other parts of the county who apparently want to deny not only free speech but free meetings to anybody connected with our Party, then I say that my followers and I will take the law into our own hands if the Minister refuses to operate it.

The Attorney-General

I merely intervene in this discussion to deal with one particular case which has been referred to, with the facts of which I am more familiar than the Minister. I was listening to what the last Deputy said and I do not believe that he is right in suggesting that any instructions whatever have been given to the Guards to allow intimidation at meetings, or to allow intimidation of the followers of his Party. I can certainly say that a number of those cases dealing with intimidations at meetings come before me. He may possibly be aware that in regard to the ordinary type of case I am not consulted as to whether proceedings are to be taken, but in a number of cases the papers come before me, and not in a single case in which there has been evidence to justify proceedings have the Guards in any way been interfered with in pressing proceedings. I said, speaking on another matter some time ago in the House, that it did look as if in certain districts in the country things were getting very much out of hand and that I was rather fearful of the conditions which might develop if people did not realise that political opponents were just as much entitled to a free expression of their opinions as they themselves were. I do not know whether statements of that kind are of much help.

I have at the moment in hands prosecutions in several counties dealing with disturbances at meetings— deplorable and inexcusable actions, on the part of people who have gone to meetings to disturb them, to indulge in violence and to indulge in every form of obstruction of speakers at these meetings. I have, where I have had to give directions to counsel, State solicitors or others appearing for me, instructed them to press that people who interfere with the right of public meeting shall be dealt with severely, and that no idea is to be allowed to get abroad that such offences are being condoned. I have these reports coming from the Guards in the ordinary way, and I certainly do not believe for one moment that any instructions such as Deputy Bennett suggests have been given by any of the persons responsible, the Minister or others, for the administration of justice. If he only followed the newspaper reports in recent weeks he would have seen that a number of these cases have come before the District Courts throughout the country.

My chief purpose in getting up was to refer to the case of Cornelius Daly. It has been referred to in this House several times. There was a reference to it the other day at question time. It has been made the subject of writing and rhyme in the organ of the Opposition. Since the time of the death of Daly, there has been openly and covertly the suggestion made that the Guards were hampered in their investigations, that the Guards could lay their hands on the persons responsible for the death of Daly, that investigations into this occurrence were not being pursued with the vigour they should have been—in other words, that the persons who were known to be responsible for the murder of Cornelius Daly were being allowed to escape. The papers in connection with Daly's case came before me at a very early stage. That is why I may perhaps be in a better position than the Minister is to deal with the case and to explain how it has been handled by the Guards. They came before me after the inquest had, I think, only been in progress for one day. They came before me with the query as to whether the inquest proceedings should be allowed to go on or whether in view of possible criminal proceedings an application should be made to the coroner to adjourn the inquest. The papers came before me on a Saturday morning. The inquest was to be resumed on Monday. They contained a suggestion from the Chief Superintendent at Cork that if the inquest was to be allowed to go on, counsel should conduct the proceedings there.

I have before me the file dealing with the whole matter. It contains a ten-page report submitted by the Chief Superintendent in Cork, analysing all the evidence which up to that date had come to the hands of the Guards. It is a most careful, competently prepared document, a model of what such a document should be. It cloaks nothing and makes no attempt in any way to suggest that the investigations should not be pursued as far as possible to bring home to the persons who were responsible for this man's death the guilt of that offence. Having a very short time at my disposal to decide whether the inquest should be allowed to be resumed or not, I took the course of directing that counsel should be instructed straight away in the case. Counsel engaged was Mr. J. F. Meagher, who I am sure, any Deputies who come from that part of the country will agree with me, is one of the most eminent lawyers practising at the bar in the south. I am sure nobody would suggest that he would not do his duty fearlessly or that he would be subject to the slightest tinge of political pressure in any matter.

I directed that all the papers should be put before him and that he should go into consultation with the Guards and the State Solicitor with all the facts there before him; that he could exercise his discretion as to whether it would be well to allow the inquest to proceed, or whether an application to adjourn it should be made. In the ordinary case it would be a matter in which that decision might be the usual one to take. Deputies will perhaps recollect that the circumstances of this unfortunate occurrence were very unusual. The man's death occurred on Christmas Eve under somewhat mysterious circumstances. It occurred at a time when no Guards were available. The Guards were sufficiently quickly in touch with the scene to be able to get a clear line of investigation. They had to deal with reluctant witnesses and to deal with a confused situation made more difficult by the fact that those who should have been able to tell them the facts of the case refused to assist them.

Mr. Meagher took the course which I favoured myself of allowing the inquest to proceed with instructions that every possible bit of evidence that was available should be brought out at the inquest. Inquest proceedings may be made the medium of producing evidence over a much wider ground than could be covered by a court investigation. Rightly or wrongly, I thought that, in the confused situation, an investigation by a coroner's inquest would perhaps enable the Guards to get clues as to who was responsible for this man's death. The inquest proceeded and Mr. Meagher attended it day by day. Every possible witness who could be brought was brought there, and so far as it was possible on the evidence available the whole thing was sifted and the coroner's jury brought in an open verdict as regards the cause of death. But as there seems to be some suggestion against the Guards in the matter, the House should be made aware that the jury added a rider to their verdict praising the Guards for the way in which they handled this case and apparently giving their view of the charges which were made against the Guards during the course of the inquest itself.

Directly the inquest was over I directed that Mr. Meagher and the Superintendent of the Guards involved should come to my office and go into the mass of evidence which was then available and decide whether we would be justified in taking proceedings against any particular person. Mr. Meagher attended at my office and gave me the benefit of firsthand contact with the case. The coroner's jury's verdict added a rider:—"In justice to the Civic Guard we must say that in our opinion they have been guilty of no dereliction of duty in connection with this charge. We should be very much surprised if it were otherwise, as they had been very diligent in discharge of their duties."

As a result of the consultation which we had when the whole matter was gone through in my office it was decided that nine persons should be charged with murder. Again, Mr. Meagher was given charge of the proceedings at the District Court and every available witness who could possibly be considered to have any evidence to give relating to this deplorable occurrence was produced before the District Justice. Having heard the evidence, the District Justice decided to refuse informations. Deputy Mulcahy has referred to this case on three or four occasions. If the Deputy has any doubt that every possible effort was made to bring the cuiprits to justice I am prepared to let him inspect this file, go through it from beginning to end, see every step that was taken and every report that was made. He could satisfy himself from that inspection that no charge could be laid against the Guards as to any laxity, and that no charge can be made against me or suggested in any way because of the steps I took in this case. I do not know that a charge was made expressly against me but it is quite obvious from an inspection of this file that we were as anxious as possible to have this matter sifted thoroughly.

The crime was a deplorably sordid crime. The whole circumstances in connection with it redound to the discredit of the district. I am quite sure that the crime was abhorred by every person in the town and district of Dunmanway. Every effort possible was made to bring home guilt to the authors of it. I fail to see what more could be done. The only reason I thought proper to intervene in this discussion is that I do think that responsible Deputies on the Front Opposition Bench when they choose subjects on which to attack this Administration might be a little more careful. Here was a case which was reported not alone in the local papers but in the daily press. The Deputies from that part of the country have not made any complaint about the way in which it was handled. They have made no complaint that the Guards did not do their level best without fear or favour to bring home guilt to the parties concerned. Deputy O'Neill is in the House now and he will bear me out in this that everything that could be done was done to trace the guilty persons.

That being so, it is deplorable that the weekly organ of the Opposition and responsible Deputies on the Front Opposition Bench should still keep harping on this crime and use it as an argument in proof of their assertion that there is not impartial administration of justice. That is the use that is being made of it. A suggestion is being made that we were cloaking murder. I should think from what I have said that it ought to be apparent to any Deputy in this House or to any fair-minded person outside that if this case be taken as a sample of the way in which we are endeavouring to bring home to guilty persons crimes of this kind the charges made in respect of other undiscovered crimes are equally baseless. I hope that we have heard the end of that particular case.

I think that the Attorney-General's intervention in this debate at this particular point is rather unfortunate and rather regrettable. It is no desire of mine either to criticise adversely the police forces of this country or to criticise the Attorney-General himself. But I do suggest that the best excuse we can make for the Attorney-General's speech is inexperience. If you are going to throw bouquets, throw them at people who have succeeded in their job. We are paying a police force in this country. For what? Either to stop crime being committed or to catch the criminal if the crime is committed, and it comes badly from the Attorney-General ludicrously to ladle out bouquets in cases where crime was neither being prevented nor the criminals caught. It may not be the fault of the police, but if you are to get success from the police of this country you are not going to get it through praising failure. If a crime such as that occurred in a town of that size in any other country at a time when plenty of people were about, when they were coming from Mass, and if three months later in a town in the same country of the same size in broad day light men walked up to a house and placed a bomb and blew an old lady to death, and if in the same county where the first crime occurred men drove up in a car at night, pulled a young fellow out of bed and murdered him on the roadside and no results were got through police activity in any one of three such cases, everyone concerned with the administration of justice would either resign or be dismissed. The Attorney-General knows that, and the Attorney-General knows that results are got through police forces in other countries because the people will not tolerate failure. People there say: "You are there to prevent crime, to get criminals, and if you fail to do either one or the other we are not going to keep paying you." It is that fear amongst a police force that produces results and, on the other hand, it is the knowledge in the criminal's mind that the police must get him or get out that averts crime.

I do not think the line taken by the Attorney-General to-day is the one that he should take. I do believe, in fairness to him, that if he had given more consideration to the line he was going to take he would think not once but many times before he would stand up here, in view of those three appallingly brutal crimes, all committed in public, and in view of the failure to get the criminal in any case, and take up the time of this House throwing bouquets at the people who failed to prevent crime and who could not get the criminals. There may be, and I am sure there are, very big difficulties in the way; but remember you never got results by that kind of procedure. You will only get results from any service if the personnel of that service are afraid to fail, afraid of the judgment of those above, afraid of the judgment of the people who pay them, afraid of the judgment of the Parliament which is over all.

There have been too many failures in this country, too many abject police failures, and one of the queries I am anxious to raise is: what is the cause and where does the cause lie? I do not believe there is any mental deficiency on the part of the Irish policeman as compared with the policeman in any other part of the world. I do not believe he suffers from any mental disadvantage as compared with other police forces. But I do hold that there is something rotten somewhere and the quicker that rottenness is got after and eradicated the better for the Attorney-General, the better for the people who sit over there and who sit here, the better for the people who have to take their chances of living outside. During the last six months we have had a list of 500 recorded outrages running the whole gamut, violence, arson, robbery, murder. We have not got a prosecution and a conviction in nine out of the 500 cases.

The Attorney-General

Rubbish!

I will make you a present of an odd 20 and I will say 29 cases out of a number of hundreds. Most of these outrages, mind you, were committed at a time when any boob would know an outrage would be committed. We had 60 assaults at, or attempts at violent interference of one kind or another with dances, bombing the building, shooting at the building, beating up those coming to or those leaving the building. I am talking about Fine Gael dances. There were some 60 outrages of that sort. I think, and I am open to correction, that we had prosecutions in two cases, but convictions in none. During the same period we had one case of interference with a Fianna Fáil dance and what a different picture we saw! Activity, intensified police activity all over that county within 24 hours. No opportunity for any suspect to cook an alibi. Everybody even remotely associated with the organisation suspected and under lock and key within 24 hours. And quite right. I applaud the police for that activity and I applaud them for their promptness and for the fact that they got men whom at least they suspected and put them out of the way of cooking an alibi, as quickly as possible. Those men were tried and acquitted, but that is neither here nor there.

The police acted as a highly efficient, thoroughly trained and competent police force in the case of interference with a Fianna Fáil dance. I never saw any case, I never read of one more intelligently followed up by the police force of any country in the world. These men were taken; their alibis were checked and cross-checked. An unaccounted for five minutes in the case of the greater part of an evening and night was detected. A man on a bicycle who had ridden some 15 miles over a rough country had his movements carefully followed. Even the spot where he had gone through the gap of a hedge could be indicated. Photographs were produced and all linked up with the man on the bicycle. There was no evidence of inefficiency. On the contrary, there was evidence of the most highly-trained, expert type of efficiency. And why the failure at every one of the Fine Gael dances? Everyone knows dances are a fair mark, that either the lights will be put out, the girls beaten up or shots fired into the building. That has occurred on 60 occasions. There was no watch, no vigilance and there were no results. It is not that the police are inefficient.

The whisper is going around that the police are afraid to act against certain individuals in every parish. The tyranny of the transfer will be used against them—the greatest tyranny in any service, the thing that can be made the greatest tyranny, the tyranny of the transfer. That is being worked to exhaustion in the police force of this country. The resolution of a political club can have any man drafted out of the district into another area. There would be no regard for the fact that his little children were happy at school there, or that his wife was well fixed up in a home. The political junta is there to have you transferred and you have got to go. That is the attitude that is being taken up by the police in certain areas.

I will give the Attorney-General another case, and perhaps he will produce as big a file as he did about the failure in County Cork and it may make further interesting reading for this Parliament. There was a little meeting in the town of Roscrea, a meeting of a committee, and it was attended by three professional men and two priests. When they came out from that meeting they were hooted and jeered by a group of blackguards outside. It was most unedifying and certainly reflected no credit on the town or on the country. It reflected no credit on the good name of the town or the country. The parish priest went up to the local police barracks and he said: "We do not want any more of this unseemly conduct in the town. That committee will meet again on Tuesday night. Would you take some steps to see that this kind of thing does not take place?""Certainly, Father." They met again at the date and hour arranged, and the demonstration was twice as big. It was very obvious that the demonstrators had got word of the complaint.

The Attorney-General

Is the Deputy referring to a case that is pending? If he is referring to Roscrea, I think that proceedings are pending in that case.

If proceedings are pending I am glad to hear it, but I am not dealing with individuals; I am dealing with the failure to take any preventive action.

The Attorney-General

As the Deputy evidently is referring to a case in Roscrea in which proceedings are pending, it seems to me that the statements he is making would be likely to prejudice the case. That is, if it is the same case to which he is referring.

The case I refer to is that of the beating up of a priest in Roscrea.

The Attorney-General

It sounds like the same case.

The case I refer to is that of the beating up of Fr. Cosgrave in the streets of Roscrea. Is that the case in which the Attorney-General says that proceedings are pending?

The Attorney-General

Yes.

Very well, I will leave it at that. I am sorry, however, that it should have been necessary for proceedings to be taken, because I hold that if steps had been taken to prevent it there would be no necessity for any proceedings to be taken against anybody. However, if proceedings are being taken, I hope that they will have some results. As I was saying, we have these cases at dances, of assaults, shootings, cutting of electric wires and every kind of interference with every one of those functions, and nobody being caught or brought to justice or convicted. The greatest simpleton would know that some action would be taken on such an occasion, and if you had an efficient, highly trained, and intelligent police force, do you mean to say that all these actions at dances, or in connection with such functions, took them completely by surprise, that they never suspected that such a thing was likely to occur or, if they did suspect it, that they were unable to protect one building in a town? Is there not every evidence that there is some influence inside the police force to prevent them doing their duty, or that the whisper inside the police force is too prevalent to be entirely without foundation, that there are certain leading men in every district against whom they cannot take action except in the case of major crime, and that resolutions by political clubs can have any policeman transferred out of any parish in this country? Is that fair to the police? Is it fair even to have those resolutions read, not to speak about having them acted on? Do you think that you will ever have efficiency or contentment in such circumstances? Without contentment in a service you cannot have efficiency, and with a service administered on those lines you can expect neither contentment nor efficiency.

Then, we have this appalling case in Dundalk where there is official information of a group of people, organised in defiance of the law, meeting together to engage in the manufacture of bombs. We have the police paralysed in their activity. We have that bomb let off the following day and a woman murdered. When the Leader of the Opposition raised the case here in the Dáil, what happened? You had the people who had knowledge of that meeting, and who might have some hope of catching the criminals, suspended from duty. You had all the activity and ferocity of the State directed towards trying to find out where the Leader of the Opposition got his information, and you had the dogs called off the hunt and no ferocity directed towards trying to catch the criminals who laid the bomb. You have those who might be able to take action against the criminals suspended, while the purely political aspect of the thing was being inquired into.

We have this failure to detect crime —political crime at any rate— universal throughout the State, and that failure to detect crime is not unconnected with the hysterical transfer of officers and guards. A policeman is no use in any area until he gets to know the people, until he gets to make contacts and to be able to distinguish the blackguard and the law-abiding citizen, until he gets each person labelled, such as that this person is likely to commit a certain type of crime and is unlikely to commit another type of crime, and so on; until he has close personal knowledge of the area, of the geography of the area, and of the types of individual in that area. If you blow policemen around like so many feathers out of a hat they will be useless, or practically useless, for a considerable number of months after they settle down in their new areas. That is what has been done. No matter why it has been done, that is what has been done, and that, certainly, is a contributory factor to the appalling failure to protect life and property in this country.

It must be remembered that the Government opposite got into office in this country by bleating about peace, and by bleating that at all events we had not produced peace in the country. They did so much bleating about the amount of peace that they were going to bring to this country that the majority swung around to their side. 600 outrages in five months, 140 cases of the beating up of individuals, three political murders, 45 cases of arson! Peace! Peace for Fianna Fáil but 600 outrages against Fine Gael. Remember, the taxes are being paid by both sides. The police are paid for the protection of all sides and no price should be too dear to pay for peace, if we really got peace all around. No price should be too dear to pay for the upkeep of the Department of Justice and the services operating under it, if we got impartial administration of the law and if we got equal protection for all, But the type of one-sided peace and lop-sided administration of justice under which we are suffering at the moment is a greater tyranny than a naked tyranny. It is more exasperating and more provocative, and more likely to produce undesirable reactions Mind you, that kind of thing cannot go on indefinitely—the blind eye being turned on an offence committed by one man and alertness and activity shown if the offence is committed by another person or by a man with another label in his coat. Men on one side are not going to stand indefinitely seeing their comrades and their womenfolk being beaten up and no action taken against those who do the beating up but prompt action being taken if the blow is in the other direction.

We had the case of a young man beaten up about ten days ago in O'Connell Street, Dublin, by a group of blackguards. He was beaten up so much that he was brought unconscious to hospital. He was released from the hospital three mornings ago and by an extraordinary coincidence he walked into one of the blackguards who had beaten him and he levelled him on the pavement. He himself was in the police barracks in half an hour. He was Fine Gael, but during the time that he was lying unconscious on the pavement in O'Connell Street there were no arrests.

This kind of thing, biassed and partial administration of the law, or one-sided activity by the agents of the law—one side being beaten up, bludgeoned and batoned, without protection from the State—is going to produce the only result it can produce. Men are going to say that one man can hit out as well as the other; that one man can shoot as well as the other; that we can burn buildings as well as others; that we can wreck railway lines, put out lights, and can break up meetings. Our dance at Tullamore was fired on by cowards from a distance, and the railway lines that were bringing people to that meeting were interfered with. On the same day President de Valera held a meeting at Arva, County Cavan. He passed through three counties in which there must be 7,000 Blue Shirts. He went the whole way by road, stopped at every town on the way, and was greeted by his supporters. He held his meeting and came back unmolested. No one interfered with him. No one cut the railway lines over which special trains brought his supporters. No one interfered with his meeting. No one molested the President or any one of his followers. That is what I stand for. But I stand for that for all sides. It was a beautiful contrast. The President passed through three counties— it does not matter who has the majority in these counties—containing thousands of Blue Shirts, who had respect for him, and there was no interference. When General O'Duffy attended a meeting in my constituency, the railway lines were interfered with and a dance hall was fired into. On the one side the supporters of gunmen, and on the other side followers of the Opposition.

Is it right that the Opposition should be all the time, alone and unassisted, standing for respect for the law and respect for the State, while those charged with lawful responsibility of government give no assistance? Lip service in the Dáil; not even lip service outside the Dáil. Who is committing these acts? Who is burning our halls? Who is shooting into dances? Who is interfering with meetings? It is either our own supporters or your supporters, or supporters of the Labour Party. Do you think our own supporters are interfering with our own functions? Do you think it is the followers of Labour? Do you not know that it is your followers are doing it? If you are leaders at all you have influence with your followers, and you can stop that thing by one week's honest work, one week's propaganda. If you do not stop it, it is going to produce the obvious and the natural reaction. I am one of those who fought and struggled and pleaded against reprisals, not on one occasion but on a dozen occasions. I can see no result from a policy of reprisal but a bloody vicious circle of reprisal and again reprisal, and so on. At all events it would be a policy. It would produce some kind of result and, at least, would produce equality. Many people might go under, many people might suffer, but, at least, there would be an even crack of the whip for all. As things are one side is suffering. That is the side that shows toleration; the side which shows restraint and patience. On the other side there is unbridled ferocity, lack of control, weak leadership. The choice is with the people opposite. They can either provoke that natural result, and be responsible for the consequences, or they can avert both that natural result and the consequences.

Out of respect for the Chair, and in order not to abuse the privileges of this House, as there is an opportunity on the Vote for the Department of Justice, I intend to refer briefly to a matter which I raised at question time to-day. I asked the Minister for Justice four questions relative to the baton charge that took place at Naas on April 28th. I got a typical Asquithian reply—two of the questions being answered in the affirmative, and two in the negative. A bit of tissue paper with affirmative and negative answers was the reply to the questions I asked about blood spilled at Naas on April 28th. I would like to narrow down the whole issue, and to place the responsibility for making the streets of Naas run with blood, following a dramatic baton charge that was let loose on many inoffensive citizens without the slightest warning, and that crashed its way from one end of the town to the other. Men will do what they are told to do. I would be the last to stand up and to suggest that they should do otherwise. If there is ever to be discipline in a force the rank and file have got to obey the orders of their officers. If not there is chaos. Therefore the responsibility for the unwarranted attack on the peaceful citizens in Naas has got to be narrowed down to the chief superintendent, or to the superintendent who was directly senior to the group of superintendents that was there. Everybody is aware that following a seizure of cattle an auction was held in Naas some time ago, and that it proved abortive. I do not wish to refer to the incidents that took place then or that led to the charges that were before the court at Naas. I want to deal with the methods adopted. These could have been more dignified and less aggressive. In the first place, there was no necessity whatever to create antagonism in the county by going into respectable people's homes and arresting them, when it was quite obvious to the superintendents that if ordinary summonses were issued, or if these people were warned to attend court, everyone of them would have done so. After these incidents another auction was announced for April 28th. It seems to me to have been simply asking for trouble to hold an auction again in Naas. It seems as if they were seeking the opportunity to bludgeon and to baton people out of the way, if they made a false step, and that this auction was put up so that the people would make a false step, and that then others would get their own back.

The auction took place and one of the leaders, if you can refer to him as a leader, having with some of his colleagues been refused permission to go in and bid, got up and asked the crowd to disperse peaceably and quietly. Then the chief superintendent lost his head. Instead of reciprocating he stated that he was the person to issue any orders. I should have thought that he would have welcomed the intervention of that young man who stood up in the interests of law and order and good citizenship. All those present were in good humour and were responding to the appeal made to them when a baton charge was ordered. Prior to that, with five superintendents present, tactical and strategical positions had been taken up and the general opinion was that the whole thing had been pre-arranged. Before anybody realised what was happening the young and the old and the feeble were being knocked down.

I have here statements which can be and will be sworn to as charges against the chief superintendent and the senior superintendent. D. Foley, Blakestown, Leixlip, was refused admission to the pound by Superintendent Heron who, catching his walking-stick by the wrong end, said: "The first man who tries to pass I will split his skull." That was in the interests of law and order. Thomas Lawlor, Halverstown, Naas, on asking for the buyers to be allowed in, was greeted with the same remark. Terence McMahon, St. Catherine's, Leixlip, was standing by himself away from the general crowd when Superintendent Heron ran at him, struck him across the head with his stick and badly split his ear. I would prefer not to comment upon that. Mr. Edward Gaynor, Lake View, Collinmore, Mullingar, was getting into his motor car when he received several blows from Superintendent Heron. He had no connection whatever with the crowd. Mr. Hickey, Narraghmore, was standing talking when Superintendent Heron rushed over and struck him across the eye with his stick. Mr. Edward Hyland, did not realise that anything was amiss and did not hear any order to disperse until he was knocked into the gutter by a crack on the head from a Guard's baton. Major North Bomford, on coming out of the Hibernian Bank, was reading a paper while walking down the street when struck from behind by Superintendent Heron. Superintendent Heron eventually broke his walking-stick beating a boy named Hunt of Johnstown, aged from 12 to 14 years, who was standing on the footpath. These statements can be sworn to any time the Minister for Justice requires them. I do not put so much blame on Superintendent Heron as I put on Chief Superintendent Murphy, who completely lost his head on the occasion, and who seemed to imagine that all these farmers had come in to pillage and loot Naas, when, as a matter of fact, they came in to protest against the failure to retain the land annuities and the imposition of an extra 50 per cent. on the old land annuities on their holdings.

There is no doubt whatever that this sort of thing is not in the interest of law and order and good citizenship. I made it my business when I went to Naas to do all I could, and I think I succeeded fairly well, to try and bring about such a state of things that everything would be made as easy as possible for the authorities. The first thing I was told was that the meeting was going to be proclaimed. The chief superintendent wanted to proclaim it, but better counsels prevailed. If the chief superintendent had proclaimed that public meeting, which took place at 2 o'clock, I do not know what the consequences would have been, nor do I know what I would have to say in this House to-day. Afterwards, it was quite obvious that a wave of indignation was occasioned even amongst people who are not supporters of the Fine Gael Party by this bad blunder, this impetuosity, this lack of coolness and steadiness. They complained that there was no necessity for the chief superintendent to break loose in that aggressive fashion, that it was a most regrettable and most unwarranted business and that it should never have taken place.

In the interests of good citizenship and of the good relations which exist between the Gárda and the people of North Kildare, I ask the Minister to go a little further than he has gone and hold an honest inquiry as to whether this was done in the interests of law and order or for purely terrorising purposes. I know that the majority of those who were at the meeting were men who always rally behind the Guards in time of emergency. They are upholders of law and order. They are proud of their country, proud of their county, proud of our police force, and proud of its associations. They are men to whom that terrible treatment should not have been meted out in the streets of Naas on April 28th. I would not be doing my duty as a representative of the county if I did not voice to the fullest extent and to the best of my ability a protest on behalf of the people of Kildare against that. The people there have never before witnessed such scenes as were enacted in Naas on that occasion. I am prepared at any time to do my share in cooperating with the Minister and helping to bring about a better method of keeping the peace, if the peace is threatened, than by a sudden baton charge such as took place on the streets of Naas. It was a miracle that there were no fatalities on that occasion. A state of things might have been brought about from which there might have been disastrous results, but I am glad to say that that did not occur.

Before I sit down I want to say that I am making no defence here in any case where the law has been broken. On the contrary, I stand for obedience to the law and respect for the law. No matter where I go, and no matter with whom I associate, I will do that job fearlessly, even as against my own political interests if the occasion should arise. Even if I had to do an unpopular thing, a thing which might be held to show that I was weak, I would do it as often as I thought the good of the country demanded it. On this occasion I am sorry to say that there was very little scope left for me to do anything but to stand up for the people who got unfair and unjust treatment. Further, I should like to make it clear that the Guards themselves, in doing that unpleasant task, feel that the present position of affairs makes for favouritism, and that the more they hammer and baton the more chance there is for favouritism. That position actually exists. I would be the last to try to bring about any sort of split amongst them, but there is a certain tension and nervousness in the rank and file that unless they show themselves political zealots at times they are not doing their duty, and are not going to be favourably looked on by certain powers or certain authorities. That will have to be stopped sooner or later, and some demonstration of that fact, by public speech or otherwise, would make for the increased efficiency of our police, and for the general welfare of all our citizens. Let it be understood that anybody who breaks the law, whether he be a Blue Shirt or a follower of Fianna Fáil or Labour, is going to feel the full rigour of the law; that if unseemly scenes are created, in which batons are required, no party will receive special consideration, but everybody will be punished to the full. I do not stand for anything which would bring about the idea that I abuse my position here, and seek discrimination. It is a hard and big task at the present moment to create a respect for the law in the country. For over 700 years the people of this country have been fighting against foreign domination, the idea being that every weapon should be used against those who administered the law. It is our duty now to try and bring about a state of affairs where the law will be regarded as a sovereign thing, made here by the people's Parliament, and that it should be obeyed by all. It will take some time to establish that tradition; it will take a longer time to establish it if those who administer the law administer it for one side as against the other.

Quite recently I went to one of the Blue Shirt dances in Tullow, and I found in going there that the road for about a mile outside the town was covered with broken bottles. When we went into the town there was a mob howling, shouting and stone-throwing. We had there in Tullow, inside a huge hall, a large number of Blue Shirts, who would put a stop to that in a short time if they were asked to do so, but that is not our job and that is not our duty. On the contrary, we stand for recognition of the law and for discipline, and do not want them to do anything that would sully the Party to which they belong. The time has come when a better and more impartial show will have to be given if we are to be as proud of those boys as we are to-day. Sooner or later our appeals will be wasted. They will point out on the right and on the left the unfair administration of the law, and say that the only way they can get fair play is by returning knock for knock. I am one of those who will continue to appeal to those boys not to be led away by the state of affairs existing at the moment. I hope that the Minister for Justice will make the work easier in that respect for those of us who want to bring about a better spirit, who want the bitternesses of the past to be forgotten, who want to make Irishmen come together, socially and otherwise, and settle their political differences without resorting to bloodshed, personal abuse, and all those things which disgraced us in the past, and which we ought to make certain will not occur in the future. It is time for plain speaking. It is time that we did really seriously tackle this problem. I will do my part to help in sinking the bitternesses of the past, and bringing about a better state of affairs, so that we can have our evening social functions without interference, and that an easier and better time for those engaged in the political work of this country can be the outcome of the better relationship established by that means. Threats and the use of batons lead to nothing except reprisals, and in the end, instead of having a better and a happier people, we have terrorism in the countryside, with people whispering and afraid to talk, and all those conditions which prevent the progress of the nation, and make us in the end nothing better than low-down brutes and savages.

We are discussing at the moment what amounts to a breakdown of law and order in this country; certainly a breakdown of law and order so far as the Administration has been able to achieve it—I say that deliberately—in relation to one section of the community. It would be a proper thing right at the start to inquire whether there are any circumstances that tend to the breakdown of law, or to prevent the preservation of order in the country. That situation in the community might arise in many ways. A Government might find that it had not sufficient of the necessary Acts at its disposal. A Government might find that public opinion was not sufficiently attentive to it, and did not support it in its attempts to secure order in the country. A Government might find that judges or juries were not doing their work, or a Government might find that for some reason or another the police were failing as the instruments of order in the country. Is any one of those things going to be put forward as an excuse by the present Administration? I have quoted before and I want to quote again a statement made in 1932 by the now President de Valera. He said:

"During the ten years since the Treaty was forced upon us, there have been put upon the Statute Book of the Free State no less than six Public Safety Acts, three Firearms Acts, three Infringement of Law Acts, four Jury Acts, one Treasonable Offences Act, one Protection of the Community Act, and the Perpetual Coercion Act recently passed, entitled the Constitution Amendment Act (No. 17)."

It was a nice litany recited by a man who, if he had ever thought of becoming a leader in this country, was reckless to his responsibility; because he knew, when he referred to that series of Acts that it gave nothing more than the ordinary coercive powers that an ordinary Government wants in relation to any people in modern society. That was his scandalous list. It was followed by another phrase which was that not only the British believed coercion was good for the country but here we had it from the so-called national Government established in the country. How many of these Acts have been repealed? That sorrowful and shameful litany drew the criticism that there were still people here who believed with the British that coercion was the only way to govern this country. Surely we see in this last phase, a perpetual Coercion Act, Constitution Amendment No. 17 Act, which has never been so overworked as it has in the last six months. Can any Government, with that list of Acts to fall back upon, say that it has not enough of Coercion Acts, that it has not all it wants in order to keep the people obedient to the law?

Is public opinion with the Government in this country? The most frequent position taken up on the Government Benches is that the people of the country are solidly behind the Government. And many, many times they have said they would find it easy to preserve law and order if they had unanimity. But they would have nothing but a small section of the people against them if they were really anxious to preserve law and order. They would have nothing against them but the small section that, in 1931, was practically broken up in three months and which would have remained broken up but for the weak ness of this Government that allowed the reformation and the strengthening of that organisation until it has recently emerged as a danger even to themselves. Are the judges not doing their part? I have heard no such suggestion. Have the juries been found wanting? The only answer I find to that is by implication, when we find so many cases coming before the Military Tribunal, which argues a fear on the part of the Government that juries could not be got to do their duty. There is nothing now about juries being intimidated. There is no murder of jurymen, no shooting of jurymen. Are the police fitted for their duty? I have heard no suggestion that they are not as capable as ever they were. I have heard no suggestion, but a remote phrase that they are not fit to carry out the duties that the people want them to carry out. Are they hampered by the present Administration in carrying out their duties? Have they been given a bad line? Have they been subjected to blame for a certain attitude against which no police activities nowadays can prevail? Deputy O'Higgins, speaking here a moment ago, divided this country when seeking an answer to the question he was endeavouring to meet, into divisions between the supporters of the Government, the supporters of Fine Gael and the supporters of Labour, and seemed to think that that constituted all the people in the community. I do not think it does. There is another section. They are the auxiliaries of the Government allied to them, getting favours from the Government, not getting that impartial administration on which the law pretends to be meted out to other people. They openly declare what they are. I read in this House the Constitution of the I. R. A., adopted at a general convention, held in March, 1933, and issued as a public document with a foreword dated January of this year. They went into certain matters as to the name by which their army was to be known; they gave their objects; they declared they were established to uphold lawful government. And the members of the present Government, the only lawful Government in this country, need not be told that that Government referred to by this army does not refer to them, as far as this pamphlet is concerned. The Government that is to be regarded by this group is to be established by them, and is to be upheld by them in this country. The way in which the object of upholding that lawful Government is to be achieved is by force of arms. Yet we have in existence a perpetual instrument for dealing with such people—the Constitution (Amendment No. 17) Act. It requires no certificate from the Minister for Justice or any other Minister to show that a society whose objective is to be attained by force of arms is a revolutionary and illegal society. How many persons have been prosecuted for being members of that organisation? How many have been interrogated, as they could be interrogated in relation to their movements in regard to that society? How many of them have been interrogated as to whether their movements are movements taken under the authority of people in command of the I.R. A.? The fact is that these allies of the Government have to be played down to.

There is a public opinion in this country—if Fianna Fáil could rally their supporters to uphold law and order—amounting to a huge majority which would back the Government if they took action against any society, no matter what society or organisation, and no matter what their aims and objectives are, if they go out with arms in their hands, if the law was administered in regard to them and no partiality was shown as regards these persons. The Government have not shown anything in the nature of a bold front to those people, and that is well known. That is the first way in which the deterioration of the police in regard to law and order started. Deputy O'Higgins referred to the weapon of transfer—a well known and often used weapon at this moment and never better used than in regard to the unfortunate Gárda who may be reported in regard to activities of members of the I.R.A. in their district. I think that demoralisation must necessarily have been caused by the way in which the late Commissioner of the Gárda was removed from his office, and the statements made in regard to that removal to the effect that the holding of his position for ten years under previous Administrations was sufficient reason for his removal and that the one advantage his successor had for his position was that that could not be advanced against him. There are other ways in which law and order could be beaten down in the country. If the judges and the police were less hampered in their activities, if they were unhampered, a proper situation might develop. But there are ways of upsetting judges and juries and courts generally. You may let people come before judges and juries and after they have been found guilty, and sentences passed upon them, these sentences can be remitted by the exercise of what is called the prerogative. The Attorney-General may put people forward on charges less grave than those which the facts warranted. You can have a man charged in relation to certain facts so that afterwards he cannot be brought up on more serious charges in relation to the same activities. Different treatment may be meted out to different individuals. People who belong to one organisation may, if the Guards do their duty, have to be brought forward, but counsel may be instructed, in one case, not to press too hard for penalties and in another case to ask for the full rigour of the law. Excuses can be made under any of the Acts. People found in possession of arms have to be paraded and different excuses in relation to different people can be accepted before tribunals, although the arms found may be exactly the same.

As far as the prerogative is concerned, we had, in the time of the Minister's predecessor, two uses of it that shocked more deeply than anything at that period the ordinary people in the country—the release of the indecent assaulter of a woman and the release of the abortionist. Here was an exercise of the prerogative for the betterment of the society these two people were to go back and live among! The Ministry at the moment say, with more vehemence than ever it has been said before, that those who get power from the votes of the people hold a sort of sacred trust and may not be interfered with in the discharge of that trust. They are very careful as to how they came by the trust. A back-bencher of the Party was honest enough to say that he did not believe that personation was an offence. But the law is otherwise and the Minister has no intention of amending the law, according to statements made to me. Arising out of the last election, there have been some nine or ten cases in which people were found guilty of personation and sentenced. There was imposed upon these people the sentence the legislature, in its wisdom, thought to be the minimum necessary to cope with the offence as an evil. How many of these people have served the sentence? Not a solitary one. One man served 14 days out of two months. In the majority of the cases, the imprisonment was remitted. The Minister, in answer to questions I put on these subjects, has told you that some reference was made to the district justice who tried the offence in the first instance. When I pointed out that certain cases had gone on appeal to a higher court, the Minister pretended to answer that by saying that the appeal was taken only on a law point and that, therefore, there was no necessity to ask the judge of higher authority what his opinion was as to the gravity or heinousness of the offence. Five cases, at least, in Dublin went before the Circuit Judge, not on a legal point but for complete rehearing. In reference to one of them, the argument was put forward that even if this person was to be found guilty of the crime of personation, personation was not at all—the example was chosen deliberately by the man who spoke for the accused person—so heinous as stealing. The judge's answer on that occasion was that when he thought of the power that resided in a Government and the majesty that was claimed for it, he thought the stealing of a vote was a much more serious form of offence than theft as ordinarily understood. When, in relation to another man charged, who was said to have professional standing, the plea was put forward that this man's professional association might deem it necessary to strike him off the rolls if this crime were held to be proven against him, the judge in answer said he would allow the case to stand over for the consideration of this man's legal adviser until next morning. He added that he would like to say, if that plea were pressed upon him, that it was a good thing that one professional association viewed with the same detestation that he did the crime of personation. Those people were convicted. Of course, no reference was made to that judge as to what he thought of these particular personators. Of the people who were arrested in Dublin, convicted and sentenced for personation, one man served 14 days. The rest were allowed out and, when a question was asked as to whether or not they paid the costs of their actions, the Minister evaded it.

These were not ordinary personation cases. The Minister knows well that, in regard at least to two of them, intimidation was attempted against the polling officer who caused the arrest of these two persons. On the night of the election, his house was visited by people who pretended, at any rate, that they had arms. This official of the booth was taken from his home. He was not even allowed to dress in his ordinary clothes. He was forced down to the police barracks in an attempt to get him to withdraw the charges. The charges had been made and the police would take no withdrawal. I have not heard that anybody was apprehended for that outrage upon that particular individual. I know that his anxiety in the future to have personation stopped will not be so great when he finds that the people accused of this offence and convicted had the punishment remitted and that the people who assaulted him in his house at night were allowed to get away with that without, I think, even an investigation into the circumstances.

The prerogative can be used to break down regard for law and the administration of justice. I have spoken of one other way in which that can be done. On the facts being placed before those in authority, the police may be ordered to bring charges less grave than those warranted by the facts. An outstanding example of that has been often referred to in this House—the midnight attempt at assassination, the time when Mr. McWalter decided that, with his friends, he would try to intimidate, terrorise and shoot ex-officer Gavin. We have the knock at the door at midnight and this man, coming on a mission of secret assassination, is himself shot. He is found with a weapon. In the end he is paraded. For what? For having a gun without a permit. The Attorney-General, when first asked about that in this House, makes the defence that he had to remember and consider that this man had, because of the wound he got in the chest, hovered between life and death for several months.

On an Estimate, the Committee reviews the administration of the past year. I was under the impression that most of these personation cases were discussed last year.

And the year before.

I think that the cases to which the Deputy is now referring were discussed last year. If that is so they should not be redebated now in reviewing the administration for the past 12 months.

Short of ammunition.

As far as I know no charge of personation was discussed in detail in this House. I asked questions this year.

The cases arose before the last Budget?

Yes, but they were not discussed in this House.

The Chair was curious to know how many years the Deputy proposes to go back in reviewing the administration of the last 12 months?

If it is necessary that I should go back over the whole governmental period—I think that the roots of disorder reach back to the date of their entry into office—I ask to be allowed to debate that. At any rate, I put this to be challenged on it: that there has been no discussion of personation cases other than the questions that I have put down. Certainly, in the last four or five months there has been no discussion of them. They were not even raised on the adjournment. I think the Minister will agree that that is so.

That is not the Minister's fault. They should have been raised last year.

I am asking the Minister to help me with the Chair when I say that they were not raised.

I do not recollect them, but that is not my fault. They should have been raised last year.

They should have been raised? In what year was the prerogative used in relation to these people? The year that we are talking of in every case.

I cannot give the Deputy any assurance on that now because I have not the facts by me.

The Minister knows that all the Dublin cases were taken on two appeals. They did not leave the High Court on appeal until the session that ended with Christmas. How could the prerogative be raised in relation to them until after that? How could the matter have been raised here? The Minister would have said that the cases were sub judice, and that it would be improper to discuss them.

The Deputy referred to other cases.

I am referring to the Dublin cases at the moment.

At the moment I cannot say as I have not the facts by me. Some of the cases were much later than the period the Deputy suggests. Some were not, but others went much farther back.

Will the Minister say if any of the Dublin cases were outside the last financial year?

I cannot answer a statement like that off-hand and give the Deputy a definite assurance.

Will the Minister look up and see if that is so?

Why not deal with the Flood?

The Minister apparently was annoyed at the Gavin and McWalter case being referred to. I do not want to go into it in detail. It is an example of what I have spoken of: that it is allowed to get into the heads of men in this country that they can go out on midnight exploits in the way of assassination with the knowledge that if they are caught in such an adventure they will only be charged with having arms without a permit. Certainly, that does not help to keep law or to preserve order in the country, and that is what happened in the Gavin case. It was only this year it emerged that Gavin, who got, I think, six months for this offence, served most of it in hospital, and that so far as his personal liberty was concerned it was only restricted to this: that he was given the facilities of Sligo hospital to get him cured of the wounds which he had suffered in his attempt to take the life of another citizen of this country. If that is the conduct that is to be permitted, is it any wonder that there are going to be breaches of the law; that there is going to be a breakdown of order as far as one section of the community is concerned?

I raised by way of question this year, to show the discrimination that was going on, two cases. Put these in contrast. I directed the Minister's attention to a statement made by Gárda Martin, of the special branch, when a witness before the Tribunal on 29th September, 1933. He admitted on oath that he had brought back a gun from America; that he had retained that gun for at least six months previous to August, 1933, and that he had that gun in his possession on September 29th, 1933. I asked did the permit cover all or any of that period, and if it did not was any disciplinary action thought necessary against this member of the forces responsible for keeping law and order in the country? I was told that that statement had been noted, that the man had no permit and that no disciplinary action was required. I asked why. I was told that the weapon was defective and a souvenir. As a matter of fact, the Minister went on to say that under the Firearms Act that man could not have been charged with the possession of a gun because it was not a lethal weapon capable of discharging a shot. That is Gárda Martin, of the special branch, the man who swears he is put into a position of responsibility, and when brought into court in a particular case swears that he had this gun without a permit. He made no case himself, although subjected to cross-examination on the point, that it was an obsolete gun or a souvenir. There was not even disciplinary action thought necessary in his case.

When one J. Fitzgerald, of Clonmel, was brought before the Tribunal exactly the same defence was pleaded: a defective weapon and a souvenir— certainly a defective weapon, and it was found to be a defective weapon. The President of the Military Tribunal said that "this gun is obsolete and no one could fire a shot from it." The case was adjourned over-night and somebody from the arms section of the Ministry of Defence was brought in and corroborated that it was a weapon that was obsolete, from which no shot could be discharged. There was not, therefore, a charge under the Firearms Act, although it was on that he was being paraded on a certificate from the Minister for Justice. Counsel appearing for the State did not say "this is not a lethal weapon." The statement that they then had to make, I presume acting on instructions, was that "it is not for a man like the prisoner to say whether a gun is usable or not." It was not for him to say whether it was usable or not, and the man was found guilty. He was not sentenced, but was bound over to keep the peace. Now, people can contrast what happened to J. Fitzgerald, of Clonmel, with the gun which the arms expert from the Army decided was an obsolete gun from which no shot could be fired, when that particular defence was pleaded and when the President of the Court corroborated what this military expert had said as to the obsolete nature of this weapon, and what happened to the man who is to help to preserve law and order in the country, who swears he had a gun, but does not say on oath, when he might have said it publicly, that it was defective or obsolete.

It is not even thought necessary to give him a warning. There is no question of any disciplinary action against him and he is still to be allowed to search the houses of people possibly suspect of having arms, having a gun in his possession for which there is no permit and, therefore, no means of tracingit and, therefore, it cannot be brought home to him if it is left in another person's house. The Ministry do not think it is even an irregularity, not even the type of irregularity that might breed suspicion in many a mind and might lead to very definite conclusions being drawn as to why the men in the special force are allowed to have guns without permits. Would the Minister say whether, if that weapon had been found in the possession of somebody whose house was being searched, the defence would have availed that person that it was an obsolete weapon? Does the Minister realise that if that type of irregularity is going to be permitted and if it is not thought worth a disciplinary caution, people are going to draw their own conclusions, and that they are not going to be the conclusions the Minister wants drawn to the advantage of the administration of law and order in the country.

There has been referred to here already the question of the Dundalk outrage, when a bomb was thrown into a house, two boys terribly injured and a woman, first of all reported as having escaped with her life, but who has since died, and one of the children has lost an eye. That whole matter was raised here by Deputy Cosgrave on the 16th February when he said, most categorically:

"On Saturday last, there was a meeting in No. 44 Parnell Square of engineers or other persons acting in that capacity, belonging to an organisation that has been condemned as unlawful by the Catholic Hierarchy in this country. It may be lawful according to the legal advisers of the Government; it is unlawful according to the Church subscribed to and supported by the vast majority in this country. On that same Saturday officers of State in the pay of the Government of the State entered the premises known as No. 5 Parnell Square, which were closed by order of the Military Tribunal and are not available for use by the persons who own them. From No. 5 Parnell Square those officers of State, with the use of field glasses, kept No. 44 Parnell Square under observation. The meeting that was held there was for the purpose of giving instruction in the use and construction of a land mine which was to be exploded on the following day. That might be assumed to be in the County Dublin, but the only explosion which took place in this country on the following day was in Dundalk."

Deputy Cosgrave asked if the House and the country would get the report of the police authorities as to why the premises 44 Parnell Square were not raided on that particular night. There was no reply given to that statement made on that day, although the Minister for Justice was in the House——

I am sorry. The President was in the House. The Minister for Justice came into the House on the 21st February. He had had five days to consider the matter and he made a limited denial. He said:—

"All I am prepared to state to the House or to the people outside at this stage is that the police are satisfied that there is no relation between what happened in Dundalk and anything that took place in Dublin on the previous day."

There were several interventions after that and, finally, the matter was summed up in this way by Deputy J. M. O'Sullivan:—

"I want to be clear on the matter. I was not here on Friday. I understood the Minister to say that the statement was made that certain police officers entered 5 Parnell Square and from there observed certain things happening in another house; that the further statement was made that that meeting had something to do with the preparation or construction of mines; that furthermore, an explosion took place next day at Dundalk and that that was the only explosion that took place. I understand that these are the statements that the Minister attributes to Deputy Cosgrave. He denies, I understand, that there is any connection between Dublin and Dundalk. His denial, I understand, is limited to that."

The Minister said:

"And that is based on the fact that the matter has not been completed while certain inquiries are being followed up."

Professor O'Sullivan still said:—

"...His denial is limited to that."

Deputy Cosgrave asked further:—

"Does the Minister deny the purpose of the meeting under observation was as I stated?"

And the Minister replied:—

"I will not say anything further. At a later stage I am prepared to have the whole matter discussed."

Has the Minister given any light, any information, to the country upon that since? On 21st February, he was prepared to have it discussed later. It has been referred to at least half a dozen times since. Has there been comment from the Minister about it? Remember what was said: That there was a meeting being held in a house on the side of Parnell Square opposite to No. 5; that it was a meeting of engineers belonging to the I.R.A.; that the object of their meeting there that day was to get instruction in the construction and, possibly, the explosion of a land mine; that police officers visited No. 5 Parnell Square and observed what was going on in this other house, coming equipped, as they did, with field glasses for observation purposes; and that an explosion did, in fact, follow in Dundalk next day, and as a result, one woman was killed and a boy lost an eye. Did the Ministry connive at what was going on in that house on that day? There is certainly every evidence that they did and, as Deputy O'Higgins has said, what has been the result so far as the country knows? That all the activity that followed, whatever activity it was, was against the people who were on duty around Parnell Square that day —apparently, the people who had been ordered to observe the movements of the people going to and coming from this house on the other side of Parnell Square—and they were transferred from one branch to another. If that was for efficiency, the new efficiency that was brought about did not result in any explanation being offered to the country of what happened that day.

All we do know is that an explosion took place and that a woman was killed and a boy lost an eye, and that there is no explanation and there has been no denial of what was asserted that day by Deputy Cosgrave and what was impliedly admitted—at least admitted to the extent that it was not in the Minister's power to deny it—five days later. If people see an organisation in this country proclaiming itself, openly and audaciously, as having for its purpose the establishment of a government, not the present Government, in this country and deciding that they are going to achieve their objects by force of arms; if it is believed that members of that organisation can meet certainly under police supervision, and almost, you might say, under police protection, in Parnell Square to prepare a mine and, in fact, the mine is exploded—and the most responsible people, lay, clerical and judicial, in the neighbourhood of Dundalk have said that there is not the slightest doubt that the mine was exploded by one or other of these societies which the Church condemns as sinful and immoral—and if people are allowed to believe that that organisation can strengthen itself, can get to the point where its members have the material for the construction of these mines, that they can arrange for that material to be brought to a house in Parnell Square, that a mine can there be constructed, that some mine, whether that or some other, can be taken to Dundalk, and exploded in a house, and nobody is apprehended for it, nobody is held for it, there is not going to be much regard for the determination of the Ministry to get crime stopped in the country.

That organisation blazoned itself forth in another way recently. They published a statement that they had courtmartialled two people. They published a further statement that the courtmartial was presided over by a person who was named, that that courtmartial purported to try two citizens of this country and to pass some sentences upon them about things that were alleged to be crimes before that particular courtmartial. I drew the Minister's attention to that and I pointed out that he has not seen fit to remove one of these damnable Coercion Acts, called Treasonable Offences Act, from the Statute Book, and that under a section of that Act it is a felony to pretend to hold a courtmartial other than one duly constituted under the law, or to take part, or to assist in any way at such courtmartial. Although these people published and sent to the newspapers a statement—they even sent the statement to the Government's own newspaper—in which they named the individuals who presided at such courtmartial, the Minister says that he has no evidence and that he cannot bring anybody to justice for what is regarded by the law at the moment as a felony, for conduct which certainly squared, as far as the expression could possibly make it square, with the definition given in that particular Act of a felonious act. Again, if people stop to think, and if they see what is happening, and that these people are allowed to play-act at a courtmartial, that they are allowed to do something more than play-act in the construction of mines and if they stop to realise that a life has been lost and a boy has been mutilated because the Government do not want to take action against their allies, they begin to get some idea that the administration of justice and the preservation of order in the country is not as good as it should have been or not as good as it used to be.

A further question, I believe, has been raised here to-day. It is well that the facts of it should be stated again. It comes again to the pointed question: Are the Government allowing agents of their own in the police to be used for the purpose of breaking the law? Cattle have been impounded because of the non-payment of annuities in the Clonmel and the Naas district. The allegation is made that these cattle were railed to Dundalk and that the police were kept active in their watchfulness in relation to these cattle until such time as they could be smuggled across the Border. That story can be countered and nailed decisively. Who bought these cattle? Can the Ministry follow the particular beasts wherever they were taken from Clonmel and Naas until they arrived at Dundalk? Was there an export licence issued to anybody in relation to them? At what port did these cattle go out of the country? Was there the slightest touch at any point by an individual member of the Government with the people who purchased the cattle and got them out of the country?

Deputy O'Higgins has spoken of the intimidation that is prevalent in the country. He has pointed out that numerous outrages were committed against individuals of this Party, that there were numerous attempts by way of intimidation at their meetings and numerous attempts at sabotage of their entertainments and that although these attempts may not have been successful, they certainly have not been defeated to any great extent by activity on the part of the Government. Whatever may be said about prevention there have been very few cases, relative to the number of outrages committed, in which anybody has been brought to justice for these offences. Deputy O'Higgins spoke of the comments that were made here earlier, that it was not possible to make people popular in the country. It was possible to make people unpopular in this country and there was a deliberate campaign to that end. It started early and has continued very late indeed. What was the meaning of the Minister for Finance's parading around the country and talking in this fashion:—

"While we, the Government, have the support of every thinking Irishman, there are, unfortunately, reactionary and Imperialist elements in the country with the help of a reactionary and Imperialist Press, spreading their treason amongst us."

Will the Minister say that this comment was one likely to preserve order in the country:—

"Ireland's cause has often been betrayed before but never has public life in Ireland been so degraded, never since the days of Castlereagh, has Irish treachery so flaunted itself in the public eye. In the past we have had Sham Squires, Leonard McNallys and Captain O'Sheas and a host of other furtive secret hypocrites posing as patriots but until Cumann na nGaedheal gave a lead, such men did not dare to come out in the open."

Was that an attempt to make people popular in the country? Was that even an attempt to prevent people becoming unpopular? We had a later reference to "Castle Cawtholics, puppy-dogs and people who were breast-high for England, every one of them trying to get into the good graces of England," with special mention made of Deputy Cosgrave by name.

"That man challenges us to put him in jail. We ask the Irish people to jail him in the pages of Irish history. We will have his name spat upon as are the names of McNally, Castlereagh, Pitt, Keogh and Carey and every other man who betrayed the Irish people."

We had a later delicate reference to ex-President Cosgrave as "a leper, a man unclean amongst the people of this community." And the same scurrility burst forth again into this:—

"Would the people have faith in the oath of Judas, would they be misled by the faith of Pitt or the promise of Castlereagh?"

When the Minister thinks of factions and people rioting at meetings, of roads being blocked and broken up; boys and girls assaulted on their way from dances; bludgeons drawn until wounds have been caused in men's heads and bodies and men done to death, would he some time take his colleague into a corner and tell him that that language is not the language that should be used by a Government that wanted order kept in the country? And when he has finished with that colleague would he get on to the people of his own organisation from whom we get published in the Press as lately as the first of this month the amazing letter I have here. That letter shows its origin by the use of the phrases that are in it. The third paragraph of the letter runs this way:

"No fair-minded person can deny that this organisation has made the most strenuous efforts to secure fair play and the right of free speech at public meetings for all citizens. This organisation cannot, however, make popular other organisations or movements that have been already discredited."

A later paragraph introduces the phrase:

"That Party,"—that is to say the United Ireland Party—"by its provocative militaristic display does not help at producing that order at public meetings that everybody desires."

Then it winds up with this climax:

"When the leaders of that Party refer to the Government elected by the people as a gangster Government; when they encourage a campaign of obstruction in local administration and when they encourage their followers to engage in a campaign of obstruction in the local administration by the breaking up of auctions, it is quite natural that the ordinary people, who feel that it is right to obey the Government elected by the majority, should show resentment when these Blue-shirt circuses move from place to place. It is unfortunate that this resentment should take the form of violence."

That is free from the scurrility of the Minister for Finance but there is the same incitement to violence as in the Minister's speech. He cannot make causes popular in the country. Should not the words I have just read have deserved the immediate and vehement condemnation from people responsible for keeping law and order in the country? "Lepers, unclean people, people who are to be spat upon in the pages of history; the oath of Judas, the pledge of Pitt or the promise of Castlereagh." They started off with the preamble about not finding it possible to make people or causes popular, a phrase repeated here on the 1st May of this year by the secretary of the Fianna Fáil organisation:

"It is but natural that ordinary people would show resentment when Blueshirt circuses move from place to place; it is unfortunate that this resentment should take the form of violence."

And we have that whole paragraph inter-larded with lies and libels; "encouraging their followers to defeat the normal administration of law." We had one attempt to prove that before the Military Tribunal with counsel instructed by the Attorney-General saying that they had to rub their eyes and wonder whether they were living in Bolshevic Russia or in Christian Ireland, because they had seen that the floodgates of terror had been opened in Waterford and that men could not be allowed to pay their debts and help in the local administration. After all these horrid comments made before the Military Tribunal, that Tribunal found the nine men arraigned before them "not guilty." And on the 1st May the Secretary of the Fianna Fáil organisation can publish, as if it were a fact, "when people encourage their followers to engage in a campaign of obstruction in local administration," then it is only natural "that resentment should be shown," and it is a pity that "that resentment should be shown by methods of violence."

If anybody is responsible for the breakdown of law and order in this country by scurrilities based on a set plan it is the Minister for Finance. Yet, he ought not be allowed to take the whole responsibility. When the first Administration of Fianna Fáil was returned to power there was not a member of the front bench who did not use the same language. Whoever was on the side of Fianna Fáil was a patriot and whoever was on the Opposition side was a traitor. All that was for a set purpose, like the other things that accompanied it: the "victory dances," the "victory parades" and the lectures of the victorious T.D.s and their allies. The names of the people on this side, who had fought through three general elections and had got the confidence of the people and served the people, are linked up with Pitt and Castlereagh. Then they talk about Judas and about leprosy and uncleanness. Was not all that deliberately meant? It was bad enough that one man should be found to think and use these peculiar epithets. There is something in it when all the members of the Cabinet speak with the same voice, if not in the same tongue.

A few months after the installation of the present Government you have it got out that their opponents are to be derided and condemned as enemies of Ireland and the friends of England. Though the I.R.A. are boasting that they are to set up another Government in this country and do it by force of arms, they are free to have the verdicts of their courtsmartial published in the Press. They also have the story of their operations with mines published in the Press, and no action is taken against them. The only action taken in that connection was against the police, who were forced to supervise this operation of the construction of a dangerous mine.

The present Government were only a month or two installed in office when we had the Official Secrets Act put into operation. A well-known and esteemed officer of the Army was arrested under the provisions of that Act. With him was arrested a man who had served his country well and had risen to be the head of a certain department of the police. The Attorney-General of this country, who is so keen in preserving law, but who has been so unfortunate in its administration, did a thing unheard of in the history of those trials. He appeared in person himself and prosecuted at the District Court in the earlier proceedings. He opposed the giving of bail to a colonel of the Army and to another man who, though not then in the Army, also had the rank of colonel. These two people were taken out like ordinary criminals and kept overnight in jail. The Attorney-General appeared again to oppose their being released on bail, but the Justice thought differently and they were released. The case was dragged into court and at the end of a day the jury intimated that they had enough of it. At the beginning of the second day the jury declared that they had had enough of it and that the case was farcical. And farcial it was from a layman's point of view, but from the point of view of people looking back on it now and considering it, it was not so much of a farce. It was just like the Hailsham lie about Deputy Mulcahy. It had gone wrong, but it was well meant. It was another of these ways of poisoning the wells and getting the idea spread that the people in authority were being opposed by an army and by police on whom they had the right to rely.

That campaign was brought a point further by what was done to O'Duffy and it was brought to a further climax by what was done to the unfortunate police, the duties imposed upon whom took them into the neighbourhood of Parnell Square when there was being prepared a mine. Whether it was the mine that killed Mrs. McGrory and took the eye out of a little boy matters very little. But there was being prepared there a mine for destructive use against life and property in this country. It was being prepared under the auspices of the I.R.A., who have been allowed to grow from strength to strength until they are now becoming somewhat of a danger, even to the people who formerly thought of them as allies. In all that welter of things, how can anybody expect that there is going to be any decent administration of law and order in the country? There is maladministration, a definitely unfair, a blatantly unfair, use of force against one group in the community while there is a special fostering of another group. Everything that can be done by way of remission of sentence, blocking of charges or anything of that sort, is being done in order to foster people who have started out openly to preach that they are going to establish something in this country by force of arms.

The Minister might think it is time to call a halt to all this. Some time or another we will have to get back to decent conditions. I do not suppose any man can contemplate ordinarily with pleasure that this country is in a position where it is the man with most force who is going to be allowed to govern, and reason and deliberation and the putting forward of arguments and the meeting of arguments by arguments are of little avail. No one can visualise with pleasure the day when argument is going to be ousted by violence. At the same time there is much prating by the Government about democracy and about its rights and powers. There ought to be some regard paid to the method in which true democracy grows. There should be some effort made at having the soil cleared, having the plant somewhat strong and sturdy and put into decent surroundings. It is not so at the moment. One Party in this country can have its meetings. Supporters of that Party can put forward whatever they like in the way of argument or propaganda or literature. So far as the other Party is concerned, attempts are made to prevent its members speaking their thoughts, putting forward their arguments. Attempts are made to prevent its members meeting, as they have a right to do under the Constitution, and to prevent them speaking freely on all matters that concern the country. It is even coming to the point that they are not to be allowed to meet for the purpose of social entertainment without having shots discharged at them and attempts being made to put the people in fear of their lives if they attend social functions. The Ministry that grows in power because the Opposition is weakened by those tactics boasts that it has a democratic Government and rules by right.

In this debate we have had a repetition of what we heard in the House two or three months ago when the Supplementary Estimates were being dealt with. We have had a few new crimes added to the litany that has been read out and referred to here not even a few months ago, but last year when we were dealing with similar Estimates. Deputies in Opposition, when they proceeded to deal with these Estimates, started something original on this occasion. They tried, in so far as they got a lead from Deputy Mulcahy, to indicate the way they had been personally affected by a prejudiced Government who wanted to hamper, hinder and interfere with them in every possible way in their domestic life and otherwise. Deputy Mulcahy recited here how he had his guards changed, how he had his gun taken from him and how he was put to all sorts of trouble. To somebody not acquainted with the facts, and to minds that are open to listen to political propaganda, it might appear as if he had some grievance. The Government decided a considerable time ago to call in the arms it had control of. Certain people who had been prominent in the Government of this State were affected like other individuals. Subsequently, I understand, some of those arms were given back to certain people. At a later stage the Government decided that they would change the guard. It was merely a matter of detail, a matter of arrangement, that for protection and escort purposes they would alter the guard from one of military to one of police. So far as I have been able to ascertain, in all civilised countries, except where there is a war, protection is normally carried out by police. Some people over there have suggested that police as a rule are quicker with their notebooks than they are with their guns. But a number of the men who were taken over from the Army were men who had been protecting Deputies Cosgrave and Mulcahy before. They were men whom Deputy Mulcahy had known for a good while and men against whom I do not think any claim could be made that they were in any way biased or inclined to give any trouble or annoyance to the Deputies.

Deputy Mulcahy then complains of an incident that occurred in the Abbey Theatre. That is an incident that is under investigation, but the particular person involved in it was a man who was associated with Deputy Mulcahy's escort since 1927.

That is not so.

That is my information.

The Minister is absolutely misinformed. The man was put on my escort sometime in the autumn of last year. I explained here and I explained to the President that I protested against his being put on my escort without any explanation, good, bad or indifferent. If the Minister will refer even to my statement here in the House he will understand that he is completely misinformed.

I accept the Deputy's statement, of course. I may have confused the fact that he joined the Army in 1927, but certainly to say that this particular man—in the way that is being always suggested here in order to make Party capital out of it—was one of the new force is not correct at any rate.

The Minister will not find a single trace of any statement or any letter of mine to suggest that this man was brought into the new force. I said that he was transferred specially to my escort for the purpose of supervising my movements —that he was transferred from the Army to the police under circumstances of which I have no knowledge.

He was transferred from the Army to the police at the time that the Department of Defence was handing over transport to the Gárda Síochána for the purpose of providing escorts and protection. A certain number of men were handed over at that time or transferred to the Gárda Síochána. They were men who were selected by the Department of Defence as being suitable for that work. The Deputy's suggestion, of course, is that all these people are being put on this particular job for no other purpose than that of espionage and following up the movements of Deputies and reporting on their movements to somebody of whom I have no knowledge, and that the purpose of the escort is to convey information with regard to his movements to us. It is very easy to make statements and to bandy suggestions of that kind about this House, but would not one expect, at any rate, that there would be something from a responsible Deputy in the way of evidence to substantiate in some little way such a vile suggestion as that?

We had it last night on the adjournment. Before that it had been suggested and, I think, very clearly stated, that certain instructions were given to those Guards that they were to follow up the Deputy and report his movements—that it was all being done, not for the purpose of protecting Deputy Cosgrave, but purely and simply in order to report his movements to the Government or some other individuals, that the escort was only being utilised for that purpose and that the change over was only for the purpose of helping out that desire. That is not so. For any of us here to suggest what is the best method of protection is a rather difficult thing. It is for people who are experienced in that to advise the Government as to whether that can be more efficiently carried out by one particular branch of a service or by another. But there has been no desire—none whatever—to try to impede or hamper or cause annoyance to either of the two Deputies concerned in providing them with protection. I mentioned last night that protection at any time is disagreeable to anybody. The instructions that I read out that were issued to the police by the Chief Superintendent, should make it ordinarily clear, I think, that every effort was being made by the police to embarrass those people who were being protected as little as they possibly could. On the other hand, however, everything has been done to try to embarrass the police themselves by the way those people have accepted that protection.

The Deputy went on to refer to certain incidents, or to an incident, that happened in Cork. The Deputy need not worry himself or anybody else that any incident like that is a matter that has been neglected. That particular policeman or Guard, as soon as the matter had been reported to his superior officer, was suspended and called here to the Depôt. The Deputy need not flatter himself that it required his intervention to have that person dealt with in the ordinary way.

How was he appointed? Who was it put him on protection duty?

As I say, all that matter is a subject of inquiry. The Deputy knows perfectly well that was not a matter for the particular Guard himself, but for some superior of his. That kind of thing, of course, does not satisfy the Deputy. When I was in Opposition I was continually raising questions here about the Guards with regard to the way they acted in certain places and so on. I was told continually by the Minister then in charge, Deputy Fitzgerald-Kenney as he is now, that he was quite satisfied that there was nothing in the case. I brought cases into court in the West of Ireland and got decrees with regard to acts of the greatest blackguardism ever perpetrated by any human beings. I brought the decrees here and handed these decrees to the Minister in charge, and he would not accept them. Would there be even an inquiry? Not at all. The Guards could do no wrong! They could not do wrong then. I have never accepted that position, but I have always accepted the position that if a complaint is made by a responsible person or if it comes to my notice that there is a complaint, that complaint must be investigated and a proper report got upon it.

The matter about the Abbey Theatre is being investigated. I do not know whether the Deputy wants to suggest that I approve of incidents like that. He need not try to suggest it. I do not approve of anything of the kind, and I do not think that any respectable person or any officer over these people would approve of such things. I do say, however, that the Deputy is deliberately exaggerating certain incidents—particularly the one he read on the adjournment last night. He is exaggerating them for no other purpose but purely and simply the political purpose of trying to establish that there is some sort of vendetta being worked out against him or against some of the members opposite by some people outside. Another matter that has been made so much about here is this question of how the windows can get broken on three separate occasions in the Fine Gael headquarters. My information, so far as the reports go to show, is that on one occasion Deputy Mulcahy had arranged, or was arranging, a newsboys' meeting for the purpose of founding a branch. Some of the newsboys—so my information goes— disagreed very strongly with what they heard there and came out into the street. The patrol was there in the ordinary way. A stone was thrown and went through the window. The Deputy knows how difficult it is in a crowd of people to distinguish who fired a stone. The authorities are doing their best to investigate these things. I agree that so far no person has been brought to justice but how many other instances of a similar kind occurred during the regime when Deputy Mulcahy was a member of the former Government for which no person was brought to justice?

Deputy Dr. O'Higgins referred to certain cases where we were not bringing criminals to justice. He talked about how easy it was to do all that. Deputy Fitzgerald-Kenney when speaking here talked about the wonderful state in which he left the Administration. I ask Deputy O'Higgins how many crimes and murders were left unsolved when we took over the administration?

If I may correct the Minister, I did not say that it was easy to bring these men to justice. I did say that it was very easy by joint action to prevent these crimes being committed. They were not our followers. They were your followers, and if you join with us to put down that kind of thing, it could be done.

I am only pointing out to the Deputy that no matter how effective you get a police force, and no matter what precautions you take, you cannot always prevent criminal acts being committed. It may be lack of anticipation, lack of foresight in some way, but these crimes inevitably will happen. They happened under the previous regime. We were told that there are three unsolved murders in the country. Some time before the previous Administration went out of office, there were three murders and no one was brought to justice. We are being attacked here time after time, and the suggestion is made that we are interfering with the police; that we are giving some secret instructions for the purposes of preventing the police doing duty which they feel they should do, and which they feel they would like to do. Would it not be just as reasonable if we asked the people, who were the Government some years ago, if they gave secret instructions to the police to prevent them finding out the criminals in the murders to which I have referred?

That is not the question at all. Did we use all the power we possessed to get after them, and is the present Government doing that?

I will be dealing with free speech in a moment. The people opposite can never give example. I have been listening for three days without interrupting, except once when I was asked a question. I am pointing out that the charges they made here, are made deliberately for the purpose of securing political advantage, and not with a genuine desire to get a different set of conditions. I come now to deal with the Dundalk affair, where a woman was murdered. That has been brought in here purely and simply, I suggest, for purposes of political propaganda. When we were in opposition I remember being taunted on numerous occasions—I think Deputy Fitzgerald taunted us on a number of occasions— with regard to the murder of the late Kevin O'Higgins; that if we had certain information it was our duty and our job, as good and decent citizens, to go and give it to the police. The Deputy continually kept cross-examining us, asking if we had any information and if we were going to give it to the police. I remember that some Deputy made what I considered to be a most evasive answer, or at any rate, did not face up to the opportunity, and the answer was taken advantage of, and was availed of for the purpose of pointing out what bad citizens were amongst the Fianna Fáil Party, who, when they had information, would not put it at the disposal of the police.

Hear, hear!

Very definite statements were made here by Deputy Cosgrave. I was not present at the time but, as a result of the statements, he was approached by the chief superintendent and by an inspector, as was also Deputy Mulcahy. I do not think there is any serious difference between Deputy Cosgrave's account of what took place at the interview and the police account:—

"I told him we had been directed to interview him in connection with the disclosures in An Dáil in regard to incidents at Parnell Square on the 10th and 11th instant. When I had said this Mr. Cosgrave became very annoyed and said in a rather aggressive tone: "What is all this tomfoolery about? I want an explanation as to why the police did not raid the place—Parnell Square. You are a police officer and know your duty. If you do not know about it send me someone who does. It is a matter that is well known to you people."

I think Deputy Mulcahy explained at the time that if they submitted certain written questions to him he would consider whether he would answer them.

Any question that they wanted to put to me.

A police officer interviewed Deputy Mulcahy, and asked him certain questions as to what he knew about this particular matter. The Deputy declined to give any information then, except in so far as to inform them that if they submitted written questions he would consider them, and let them have any answer. Would not one feel that if the principle which applied—whether it was real or lip service—as to the duty of every citizen to give whatever information he had with regard to crime, and to make it available to the police, would, at least, obtain with these two Deputies in this case? It has not been given. No assistance has been given, except to try to use it here, I suggest, for purposes of political propaganda, useful here perhaps, and useful perhaps with people outside. I have been prepared at any time to place the police reports that I have at the disposal of the leader of the Opposition, and to assure him that the police are satisfied, beyond yea or nay, that there is no relationship between the mine that was exploded in Dundalk and the incidents that took place in Dublin. I have offered to make these police reports available. They are available. These officers were not brought in by us, or promoted by us since we came into office. They are officers who served under the Cosgrave régime; under the people opposite during their term. Surely one would imagine that Deputy Cosgrave or Deputy Fitzgerald-Kenney, who was a former Minister for Justice, would place some reliance on the reports of police officers who served under them. At any rate, they are as competent to find out the facts as anyone outside. I am quite satisfied that no one wants to avail of the reports. If they avail of them they will not be in the same position to use the outrage in Dundalk for political propaganda purpose that they think suitable at the moment. The suggestion was made by Deputy Fitzgerald-Kenney and by others that instructions were sent out. What these instructions are exactly the Deputies could not say; that some instructions were sent out that had an effect on the Guards, preventing them acting impartially. I have given a categorical denial to that several times in this House. I said that no instructions are being sent out, or have been sent out directing them in any way, except in the enforcement of the law.

Deputy O'Higgins referred to a number of transfers of Gárda in the country. That matter was raised last year by Deputy Fitzgerald-Kenney, who referred to the enormous number that I had transferred in a certain period. I brought in figures to show that in a corresponding period he had transferred a greater number than I had during that period. I would be very glad to place at the Deputy's disposal, or give in answer to a question, the number of transfers that may have taken place since. I have no idea of what the number is, but when the question was raised by Deputy Fitzgerald-Kenney last year, who talked about the way we were shuffling Guards and inspectors and superintendents all over the country, I was able to show that during a corresponding period under his administration there were more transfers than under our administration. There have been transfers made from time to time. That is not a matter for me personally; it is a matter for the Commissioner. But, so far as these transfers are carried out, I know that at all times every consideration is given to the question of where the people are being transferred to; whether, if they are married, there is married accommodation available for them there, and so on. I know of cases where a sergeant or somebody else, whether at his own request, or at the desire of the Commissioner, was being transferred and where the transfer was held up for a considerable time owing to the fact that there was not sufficient accommodation or married quarters available, or some difficulty of that kind arising. I suggest to Deputy O'Higgins that this reference to transfers is intended, or is likely, at any rate, if not intended, to have a bad effect on a police force. To show a police force that they have grievances, that they have not the trust of a Government, that they are being shifted about and badly treated in that way, is something that is going to have a disturbing effect on the force.

Do you suggest that they only found it out from me?

I do not suggest anything of the kind. What I suggest is that making statements of that sort is likely to have that effect on the police.

Especially if they are true.

Perhaps in some cases they are true. But does the Deputy suggest that Guards are never to be transferred; that a Guard must be left in a certain place indefinitely? It was not the practice under the previous Administration.

I refer to transfers as a result of political resolutions.

I do not see any political resolutions about transfers, I must say.

Somebody else does.

If the Deputy does see them, I would be rather glad to have them. The next question we come to is that of the Naas baton charge over the sale of cattle. Kildare has been an area that certainly has given us considerable trouble for some time. It is an area in which I suggest a definite conspiracy exists— a conspiracy that has been nurtured and worked up there for a considerable time. I do not think that Deputy Minch, who, I am sure, regards himself as a responsible Deputy, will deny that he himself has advised farmers not to pay annuities if the tariffs are in operation. This is what he stated at a meeting last October at Monasterevan as reported in the Irish Independent:

"The Government proposed to collect the annuities on a 50 per cent. basis next November, but my advice to the farmers is, if the tariffs are still in operation, pay no annuities."

That is respect for the law.

That is very definite advice, at any rate. Deputy Minch is listening to me and I am sure he will not contradict that—that he told the people if the tariffs were in operation not to pay the annuities. I do not want to bring the question of the annuities into the debate, except in so far as I feel it is relevant to this question of the baton charge in Naas. Deputy MacDermot has asked us time and again could we give any evidence of any advice or any conspiracy not to pay annuities. Is it suggested now that the people in Kildare should not pay their annuities simply and solely because they cannot pay? Is that the reason there had to be a baton charge the other day, when they got together in such strength to resist payment?

Have they not paid them in the tariffs?

A Deputy

Keep quiet.

You could not keep Deputy Belton quiet, I am sure.

We will keep the Minister to the truth.

Do not mind talking about the truth.

What are the tariffs for only to collect the annuities? That is an awkward question.

I am only putting it to Deputy MacDermot that time after time he asked us to show any case where people have been told by members of the Opposition not to pay annuities. I am asking a responsible Deputy of that Party if he did not tell the people if the tariffs were in operation next November not to pay the annuities. Starting on that as a basis, we come to what happened in Naas. An auction was held there of cattle seized from a man who usually has 300 head of stock on his farm. Nobody can say that that man is not in a very good financial position. I shall go further and say that he is a very wealthy man. A demand is made upon that man for £10 annuity and when he did not pay some cattle were seized. An auction is called in Naas to sell these cattle and we know what happened. The farmers, who we are told are really starving at the present time, could come is to Naas from all the counties around in some 600 or 700 luxurious motor cars for the purpose, we are told, of bidding at this auction. Does anybody believe that these people came to bid at the auction? Deputy Minch complained that we should have held the auction a second time in Naas. Does Deputy Minch think that a body of people like that, who are well able to pay, can get the Government to surrender, and that these people can be allowed to have their way in the town of Naas? No Government would ever stand for that and no Government could. So far as the Department and the Guards are concerned, it was their duty to see that the peace was preserved, and that if there was any intimidation or any breach of the law it would be dealt with. We find every advantage taken of a depleted Gárda force by these law-abiding people of County Kildare and the other rich far mers of the adjoining counties when the first auction was held. That auction happened to be held on the day after the Punchestown Races, when the Gárda had been on duty night and day for three days, and when they had certain other duties to perform on the following day with regard to the opening of the bog at Allenwood. I do not want to go into the details of it, lest some part of it might be sub judice. At any rate, with a depleted force, they had to deal with a certain crowd in that town, and we know what the result was. I only go as far as to say, at this stage at any rate, that we know what respect there was for law and order, discipline, and all the rest of it. We went back again determined to carry out that sale in Naas, or rather the people responsible did. That sale was carried out in Naas, and it was our job to preserve the peace. I have the reports as to what happened. The police report that every attempt was made to persuade those people to disperse quietly; that instead of that the cars which came along were boohed; that there was an aggressive attitude there, and that when they had the town congested with motor cars they thought they could call the tune and do what they liked. Complaints are made about certain people trying to get in to bid at the auction. Does anybody suggest here that anyone would be so gullible as to believe that the occupants of those 700 motor cars came into the town of Naas for the purpose of buying Mr. Farrell's cattle? Let nobody think the Guards live in the moon. The Guards asked them to disperse, seeing that they were acting in an unruly way. They drew their batons, but my information is that the injuries inflicted were very much slighter than what the Deputy would give the House to believe. If my information is correct, the Guards in that baton charge acted with tact and restraint. If they had acted otherwise it would not be a question of somebody complaining of a scratch or a cut of that kind. Everybody knows what a baton charge is. That is so far as Naas is concerned, but in this complaint about the Guards might I quote General O'Duffy at Ballaghaderreen on Sunday, 7th May?:

"I do not say a word in criticism of the splendid force with which I had the honour to be connected. I appreciate their difficulties to the full."

I would ask Deputy Minch to remember that when he thinks of criticising the Guards for the manner in which they acted in Naas.

I criticised the officer and not the Guards.

He is a member of the Guards as the Deputy knows.

If he is not competent to lead he should not be there. I always backed up the Guards and always will.

There is no use in trying to draw a distinction between the Guards and their officers.

Deputy Donnelly laughs!

We know the attitude that is abroad in the country at the present time. We had to some extent a hint of it here to-night. To-day you have the Commandant Cronin policy "an eye for an eye; if you get some give back more." That may be a policy of which his colleagues approve. We would be glad to have some denial of it, but here to-night Deputy Dr. O'Higgins hinted, and Deputy McGilligan hinted that things were getting to such a position in this country that there was no alternative but to allow those people to go off on their own and deal with the situation themselves.

May I say to the Minister that I hinted nothing? I spoke very clearly.

Does the Deputy then think that those people known as Blue Shirts—his and his colleagues' followers—are entitled to take the law into their own hands?

On a point of correction, if the Minister wants to know exactly what I said I will tell him because I think it is important. I said that I had argued and fought and pleaded against reprisals; that the policy of reprisals was one which I could see led to nothing but a vicious and bloody circle, and I appealed to the Minister not to drive people into a policy of reprisals.

To drive any man into a policy of reprisals is an impossible task if that man is a good citizen.

He will turn the other cheek if he is a real Christian in a Christian State!

Is "an eye for an eye" what would happen in a Christian State? I thought that that was the antithesis of Christianity.

"Two eyes for nothing" is a Christian spirit!

Rob him first and seize on him after. Get a Broy Harrier to buy his cattle. Is not that what you did?

A Deputy

Every man to his policy.

Do not get away from Naas so lightly.

All this we have heard and we have now the statement made here definitely by Deputy Dr. O'Higgins. The very opposite was proclaimed here just a month ago when you were dealing with the Blue Shirt Bill.

Desks were hammered. They said:

"The Guards cannot keep order; we have got and preserved order, and now you want to take the Blue Shirts away."

I appealed to the Minister on every occasion not to provoke the people to lawlessness. I warned the Minister that his followers were doing it.

We have listened here for practically three days—part of them at any rate—to a debate about all the things that have happened in the country. We have been listening to a recital of all the interruptions, and firings into dance halls during victory dances. We have been listening to all that, and barely one month ago it was put up here by every member of the Opposition who spoke on the matter that the reason we were trying to abolish the Blue Shirts as an organisation or the blue shirt as a political emblem in this country was because we were annoyed that they had ended disordered conditions and had now secured a position where there was order at public meetings.

Yes—at the meetings.

Well the Bill is not yet in operation, and we have not interfered with the Blue Shirt organisation since that Bill was brought before the House. Is it suggested that during this past month your Blue Shirt organisation has fallen away so much that it has lost its effect, and that that is merely through the introduction of that Bill? You cannot have it both ways. Either you have got an organisation of which what you said a month ago is true—that it had secured ordered conditions in the country and ordered conditions for your meetings in spite of what we were doing—or if you cannot have it that way you have to admit that there is disorder in the country. Is there disorder in the country?

The President said some time ago that there was not

Is there disorder at public meetings?

Not much at the meetings.

I see. That is a bit of a change. I should be glad if the Deputy would read the speeches made before him.

Individuals are attacked on the way home.

But I thought those individuals in the blue shirts were able to manage themselves and wanted no protection.

Is this an incitement to both parties to hit each other? It is certainly like that. I never heard a Minister do that before.

If the Deputy had been here all day he would be much calmer than he is.

I have heard the Minister now.

There was no attempt here to incite anybody.

That Deputy should be old enough to keep his tongue quiet.

You were all listened to without a word. There was no interruption during the whole evening.

Free speech!

We know what your ideas about all those things are. You publish every Saturday in your United Ireland a list of the terrible crimes that are going on in the country. I read one here: United Ireland, Saturday, March 31st, 1934. County Cavan. It sets them out in counties.

"When returning from market with a lorry load of eggs, Mr. J. Woods and his driver named Hall, were held up by armed men at Ballinamore. Mr. Woods was pulled from the lorry and was injured in a struggle in which the the two men used the butts of their rifles. Eventually Woods and Hall got away again on the lorry. Several shots were fired, apparently at Hall, one spent bullet being later found in a box beside his seat and a number of the egg boxes showed bullet holes."

These people were arrested, tried and got 21 months. April 21st, General O'Duffy, speaking at a Blue Shirt dance attended by about 400 at Droichead Nua said:—

"If the Irish Press published all the atrocities committed on Blue Shirts its columns would be full. Referring to a letter in yesterday's Irish Press, what was called ‘an atrocity,’ he declared, had been nothing but a boyish prank.”

Of course, not. Of course, they were irresponsible! They were mere boys! The special director says it is another principle of the law of youth. Boys' pranks! These are responsible people! I do not want to make any inference or suggestion. Some people try to connect Dublin with Dundalk. Might not I suggest that if people are trying this sort of boyish pranks it is no wonder that the first man who died from a bullet since we assumed office fell in that way.

When I was referring to a case that was sub judice the Attorney-General asked me not to persist. I bowed to his request. May I now make the same request to the Minister?

If the case is sub judice no further reference should be made to it.

I was not referring to anything except the coroner's verdict as to the cause of death. I am not going to suggest anything that would make any implication on those connected with it.

What is the point then?

The man died as the result of a bullet.

And someone has been arrested.

We had a letter from General O'Duffy referring to this organisation about keeping back armed forces, and appealing to his followers that if they had guns they were to give them up. They could not give them up if they are an unarmed organisation. No one believes all the talk and nonsense that is indulged in about an unarmed organisation.

Why did you not accept our amendment on the Uniforms Bill?

I dealt with the Uniforms Bill at the time it was before us, and I do not want to go back to it now, but it is interesting about protecting meetings. I wonder if it is a genuine desire on the part of the Opposition that there should be order at public meetings. Let us remember it is not their tradition to have order at public meetings. The first time that a leader of our Party went out to let people hear what they wanted to hear at a public meeting somebody arranged that he should be received with salvoes of rifle shots. That was a bad example to set to the country in the way of raising respect for the rights and freedom of speech.

What year was that?

You mean you have improved since that.

Is the Minister referring to the year 1923?

The President of the Executive Council—Deputy de Valera as he then was—was asserting the right to go out and address his constituency and I know that on that occasion a salvo of rifle shots was fired, and now we are told it was not a question merely of years. If it comes to a question of years, the idea of the Opposition on the matter of freedom of speech does not, I think, agree with our idea of freedom of speech at any time. We never took to machine guns or rifles for the purpose of breaking up meetings.

Question. What about Sligo and Galway?

The Deputy is now talking about 1922, when both sides were armed bodies—before the Civil War broke out. One can see the difficulty of preserving order at meetings, when we see here the respect for freedom of speech that Deputies opposite have. I have never attempted to talk for five minutes in this House that I have not been persistently and consistently interrupted. I have listened to a debate for three days on this subject and I have not heard a single interruption from this side of the House. We have some respect for freedom of speech. Deputies opposite mouth about it and pay lip service to it. They pretend they get no chance in the country, but we are doing all we can to afford them proper protection. We have done our best to try and protect their meetings. We have, at considerable cost to the State, sent Guards and military to their meetings, and we have done everything we possibly could to protect their meetings. Certain things have happened, I agree; but then people have been dealt with and are being dealt with fairly and impartially. People have been prosecuted and we have tried, as far as we could, to preserve your right of freedom of speech in the country and we shall continue to do it. In doing that we expect to find cooperation from the people in trying to secure freedom of speech for all Parties in the country. If the forces of the State, at our disposal, are not sufficient as they stand to preserve peace at meetings and the right of free speech, we are prepared to come to the Dáil and to ask for more. But one of the things that is more responsible than any other, in the last 12 or 18 months, for this difficulty of preserving freedom of speech, is that the Party opposite have introduced into this country a Fascist organisation, which has done more to render the preservation of peace and order more difficult than anything else.

Professor O'Sullivan rose.

On a point of order, was not the Minister for Justice called upon to close the debate?

I do not know whether the Deputy was in the House when the Minister for Justice rose. I was not. But the practice in Committee on Finance, and on the Estimates, up to quite recently, was that the Minister should conclude. There were in eight years two exceptions to that rule. There is a growing tendency to make it exceptional for the Minister to be allowed to conclude. I am informed that no other Deputy offered to speak when the Minister rose.

I was in the House and I watched carefully that the Minister was not being called upon to conclude. If that were proposed, I should have got up. There is nothing to prevent the Minister speaking more than once and concluding at a later stage. A number of us were watching here in the House because an enormous number of matters were to be raised. There was no mention of the Minister being called upon to conclude. If there had been, the question would have been raised then. This is not preventing him from concluding. It is merely giving him another opportunity.

May I point out that this is a motion and that, technically, the mover of the motion would have the right to conclude. It was natural, therefore to assume that the Minister was merely intervening. That, I gather, is the contention of Deputy Fitzgerald. I suggest that it was not understood that the Minister was concluding. If that had been the understanding, other Deputies would have risen.

Cases like this have happened already. The Minister made practically no statement on the introduction of his Estimate and there was a motion to refer the Estimate back for the purpose of dealing with the general question of policy. The Minister in no way addressed himself to the increase in the Vote and offered no adequate explanation of the big increase.

Is not this another speech?

The only statement bearing on the policy of his Department which the Minister has made is the statement which he has made just now. I submit that that requires some discussion.

I understand that there was an appreciable pause before the Minister was called upon.

I thought that it was quite natural that the Minister should intervene at that stage. I also noted very carefully that the Leas-Cheann Comhairle did not call upon the Minister to conclude, but merely indicated that the Minister would speak.

Deputy Fitzgerald was a member of a Government for ten years. During all those ten years it was the practice that the Minister in charge of the Estimate should conclude the debate. The Deputy cannot plead ignorance as regards that.

I can assure the Minister that, in a number of debates on Estimates, the Minister in charge of the Estimate intervened in the middle of the discussion.

I remember doing that deliberately myself, not for the purpose of bringing the discussion to an end, but in order to deal with certain points that had been raised.

Is it a fact that there has been agreement amongst the different sections in the House that this will be the sole discussion on the various Votes connected with the Department of Justice? If that is not so, and if there are further Votes, such as the Gárda Síochána, then, further questions can be raised on those Votes. If this is to be the final discussion on all the Votes which are subject to the Minister, then there must have been some misunderstanding.

The Chair has no knowledge of such an arrangement but the discussion on the policy of the Department is generally taken on the Vote for the Office of the Minister, and only questions of detail are discussed on the other Votes of his Department.

I take it that there is no agreement to obviate discussion on the subordinate Votes?

I submit that if this discussion is allowed to proceed now in a fairly reasonable way, the position Deputy Esmonde speaks of will naturally arise and the discussion on the Gárda Síochána Vote will be a formal matter, confined to any points of detail that may arise. If the discussion which has begun is not allowed to come to some kind of reasonable conclusion, Deputies having an opportunity to offer comment on the Minister's statement, it will be impossible to avoid re-covering some of the ground on the Gárda Síochána Estimate. I submit that, as a matter of good order and procedure, it would be more satisfactory to conclude the general debate which is now proceeding.

I assume that, in the light of what has been said and owing to the fact that it was clearly understood on these benches that the Minister was not concluding, I am quite in order in proceeding.

This debate has gone on for three days. Any Deputy who wanted to speak could have come in here during that time. The Minister for Justice waited for five minutes before he rose in order to see if any other Deputy wanted to speak.

The House was satisfied that the question had been adequately discussed and wanted to hear the Minister. The House has heard the Minister and I move that the question be now put.

I should like to say——

The Ceann Comhairle rose.

You are accepting the motion?

I have not accepted the motion. Nor have I had an opportunity to give any ruling on the question. I am not accepting the motion now.

As I pointed out, a good deal of time has already been wasted by these interruptions on the part of Ministers. I regret I was not in for the whole of the Minister's speech. It did appear to me, however, that the whole tone of his speech was calculated—I could regard it as having no other purpose—to taunt the Blue Shirts on account of their alleged inactivity in preserving order. I have heard Deputy O'Higgins explain the remark he made, which was quite a legitimate remark to make. Notwithstanding that, the Minister tried to get it out to the country that that was an incitement. It is quite clear it was nothing of the kind. The Minister tried to put that sinister interpretation on Deputy O'Higgins's words. It was clear from the latter portion of the Minister's speech that his purpose was to incite one side against the other. I could not understand the point he made that the Blue Shirts were not able to preserve order. He raised a lot of logical little points—"Have you order at your meetings? If you have not, what kind of organisation have you? Are your Blue Shirts able to preserve order?" To any reasonable man, what is that but an attempt to goad people on? He spoke of our protestations that this was an unarmed force. It is an unarmed force. There are many thousands in that organisation and if there are individuals in it who, against the instructions of their leaders, possess arms, that is not proof that the organisation is an armed force. The Minister ought to know that. Does he mean to tell us that, because the members of the Fianna Fáil organisation had weapons for many years, therefore, that organisation was an armed organisation out against the State? There were armed organisations operating against the State but the mere fact that a few individuals have arms in an organisation whose constitution is of a completely different character does not prove that it is an armed organisation. The whole value of this organisation lies in the fact that it is unarmed.

I move to report progress.

Progress reported. The Committee to sit again on Tuesday, 15th May.
The Dáil adjourned at 10.30 p.m. until Tuesday, 15th May, at 3 p.m.
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