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Dáil Éireann díospóireacht -
Friday, 18 May 1934

Vol. 52 No. 10

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

Question again proposed: "That the Estimate be referred back for reconsideration."—(Risteárd Ua Maolchatha.)

When dealing with this matter, last night, I was referring to the charges made by Deputy Fitzgerald-Kenney and others about the manner in which the Gárda Síochána was being demoralised and the manner in which they were being trained to do their duty. I was endeavouring to prove that whilst 90 per cent., or more, of the Gárda Síochána are good men, doing their duty fairly and honestly, we have still a little sediment left of the two-gun-men order of Gárda introduced by Deputy Fitzgerald-Kenney. I suggest it is absolutely impossible to get the Gárda of this country to do their duty properly whilst you have among them men who were trained, in the manner that they were trained, by Deputy Fitzgerald-Kenney, as Minister for Justice, for a number of years. I am now quoting from the Official Reports of the 10th April to 17th May. I take the following:—

"Mr. Lemass asked the Minister for Justice if he will state the number of persons in the Dublin Metropolitan area who, since February 1st, 1929, have been arrested and released without having been charged, once, twice, three times, four times, five times, oftener than five times, and oftener than ten times.

Mr. Fitzgerald-Kenney: The answer is in the negative.

Mr. Lemass: Will the Minister state why he refuses to give the information asked for?

Mr. Fitzgerald-Kenney: I do not consider it advisable."

This is the Deputy who now gets up and talks about demoralisation in the Civic Guards, the Deputy who had men arrested, once, twice, three times, five times and ten times. The number of his political victims is so great that he dare not stand up in this House and state the number: the number of unfortunate individuals who have been blacklisted and treated that way in the country. Here are further extracts from the Official Debates:

"Mr. Lemass asked the Minister for Justice if he will state the number of raids on private houses which have been carried out by the Detective Division of the Gárda Síochána in the City and County of Dublin since March 22nd, 1929.

Mr. Fitzgerald-Kenney: The answer is in the negative.

Mr. Lemass: Again I ask the Minister to state why he thinks it inadvisable to give the information asked for.

Mr. Fitzgerald-Kenney: Again I give the Deputy the same answer."

Now, there you have the conditions under which these men were trained. No information given; it did not matter what they did. That was the situation, and that was how these raids were carried out. We heard a lot here yesterday about the liberty of the subject and the sacredness of a man's private dwelling. These quotations show how that principle was observed in 1929. There were so many raids carried out in Dublin in that month that Deputy Fitzgerald-Kenney, who was then Minister for Justice, dare not stand up in this House and give the number of unfortunate people who were pulled out of their beds in the middle of the night to have their houses ransacked by the gun bullies whom he was then employing. I would like to give another instance of the training that these gentlemen got. I propose to confine myself to quotations from this volume of the Official Debates. I intend going back and giving some further references from it.

The Deputy should understand that the Estimate before the House is for this year only, and that he cannot survey the administration of the last three, four or five years.

This is the fourth day of the debate on the Estimate for the Department of Justice. For three days we have had instances brought up as to the demoralisation of a certain force and of the classes of individuals who are being recruited into that force. I am endeavouring to show that if there has been any misuse of their powers by the Guards at the present time, it is due to the fact that a certain number were trained in the manner I have described, over a period of nine or ten years. We all know that it is very hard to get a man to give up his bad habits in a day.

And these men were trained in this manner over a period of ten years. I will not urge my right to read the whole volume, but I intend to give a few passing references.

I will see how far the Deputy proposes to go.

My next quotation is from volume 29, column 527. This was an adjournment debate in connection with the action of the C.I.D. in West Cork. These individuals were sent down there to represent themselves as I.R.A. men, to go into the house of a respected member of the Cork County Council and to endeavour to get up a conspiracy.

Is that stated in the debate? What is the column?

It is in column 530.

Will the Deputy read the extract?

I will. This is one:

"What Party are you supporting now? What have you got to say about the Civic Guards? Any chance of forming a local I.R.A. unit here? Would you not try to start one yourself? Would you be prepared to take over a consignment of guns which I have got from headquarters and which are waiting for you in Cork? He tried this game, and, having failed, he came out with the best bluff of all. He said that Mr. O'Donovan would understand that on Easter Monday always throughout Ireland the proclamation of the Republic was signalised by a stunt, and that he had instructions from headquarters that the local company he was asked to form in Drimoleague should be asked to carry out some stunt, such as shooting somebody in Drimoleague."

Now that is the training.

If these charges are being brought into this House I would suggest that the Deputy should be directed to read my reply—the answers I gave on the occasion.

I am quite willing to give the Deputy's answer. In the earlier quotation I gave the Deputy's answer to a series of questions. His reply on that occasion was: "The answer is in the negative." I am sure that, having read one of his answers, it covers all his answers to these questions in this volume. His answer to all these questions was the same—one gramophone record.

The Deputy must now come to the Estimate.

Without further quotation.

Very well. That is the manner in which these men were trained. I have repeatedly seen the actions of these men up and down the country during the last 12 months. I have seen deliberate attempts made— very deliberate attempts—by these men to try and get stunts carried out again. These very same gentlemen are still there, and we see the way they are carrying on. I gave an instance here last night where one of these unfortunate young men was found thrown on the side of the road within ten yards of a Gárda station five minutes after he had been supposed to be released from the station, with his head broken in by the butt of a revolver.

Is that the same incident about which the Deputy told us last night?

It seems so. It should not be rediscussed.

Is the Deputy moving that the Vote be referred back?

I regret that it is absolutely impossible for any man from the South to understand the Cockney accent of the Deputy.

The cross would make a nice blend.

God forbid that we would ever be connected with Billingsgate.

Billingsgate is not in the House.

A Deputy for it is. Deputy Fitzgerald-Kenney got up here to complain of the actions of the Gárda and of the instructions that are issued to the Gárda at the present day. I regret I cannot give a few more of the instructions that were issued to the Gárda in 1929, 1930 and 1931. They would be rather interesting to the House.

I think the Deputy should pass over the volume before him. It is very tempting to have it beside him.

I can always bring in something here for Deputy Belton's edification. I have not turned to him yet, but there is a pleasure in store for him. What are the complaints? That the Gárdaí endeavoured to protect the sales of cattle up and down the country. I admit that on one occasion they did not protect them. We had an instance where a bunch of those new patriots, the Rolls-Royce farmers, collected in a town in County Kildare, and, rolling up in their motor cars, succeeded in driving the cattle out of the pound under the noses of the Gárda. I suppose that was a legal action, absolutely legal! There was no illegality about that! Those gentlemen opposite do not commit any illegalities. They keep within the law. It is apparently absolutely within the law for the gentlemen in Kildare to go into the pound and drive out the cattle. Then they complain because the cattle were protected on the following occasion and the Rolls-Royce farmers got a little touch of what they were accustomed to give us for ten years.

Some of your own supporters got it, too.

That is a point I have tried to bring out for a long time. I am very glad that Deputy Minch reminded me of it. I would ask the Minister to take a very serious note of the remarks of Deputy Minch. I maintain that those individuals who are in the Gárda since the old days, when Deputy Fitzgerald-Kenney would come in here and say that there was no truth whatever in a certain assertion made, that the man was kicked by a cow—these gentlemen who are still left in the Gárda look around at meetings and endeavour to find out some Fianna Fáil supporter, some Republican at whom they can have a crack. Unfortunately that condition of affairs still prevails and I hope the Minister for Justice will take very careful note of Deputy Minch's remarks in that respect.

What is the position? Deputy Belton will tell me that these annuities were collected already, that they should not be paid again, and that these men are quite justified in endeavouring to release their cattle. He will tell me that. I can nearly see it coming out from his mouth. I thought he had more pluck. A lot of play has been made on the baton charge that occurred down there. I say that the Minister for Justice is right in seeing that those who are in charge of cattle sales through the country are protected in carrying out their lawful duties. For ten years we did not think it right to pay annuities but we had to pay them. We did not think it right to see a farmer paying £80 or £90 of an annuity which was sent to England. We believe that it was an absolutely illegal payment. Still we had to pay these annuities and we got no sympathy when the sheriff came along to put us out. Deputies opposite have got to realise that the law is there to-day just as much as it was in 1930 and 1931—but it is an improved law. There has been a vast improvement in the manner in which the Guards carry out their duties. I have given reasons why they cannot expect to be perfect. They cannot get over their actions of the last ten years.

We hear statements here about the rights of the person and the sanctity of private houses, but we remember what happened when Deputy Fitzgerald-Kenney was sitting on those benches. When we see gentlemen— and I should like the Minister for Justice also to take note of this—getting up in public and stating on oath that they were never convicted of assault and when at the same time we know that these gentlemen were convicted three, four and five times in the District Court for assault, we wonder where we are. I do not wish to bring any personal note into this discussion but if I did wish, I could. As for the administration of justice, you have complaints as to men being arrested and held for one hour or two hours. I remember a man being arrested and held for six weeks and brought from court to court all over the county. At the end of that period the Superintendent of the Gárda stood up and said: "I have no evidence whatsoever to offer." The Justice cocked up his head over the bench, the gentleman who had not looked for any evidence for six weeks and had only sent the prisoner from court to court during that period, and this distinguished gentleman said: "The prisoner is discharged." The very moment the prisoner was discharged and, before the Justice had left the bench, you had an officer rearresting the prisoner.

The Deputy dealt with that last night and must not repeat himself.

I desire to support you, Sir, in that statement. My recollection is that the incident was referred to last night.

Unfortunately, these cases are so much alike that, while Deputy Dockrell slumbers peacefully over there——

It takes an expert to see the difference——

——he could not see the difference. The case I am referring to now was one in which the men were discharged by the District Justice, but were rearrested in court, and were "lugged off" for six or seven weeks more, without any charge being made, and kept in custody, when Deputy Fitzgerald-Kenney and other gentlemen were in charge. That was law and order as it was administered here for ten or 12 years! We cannot blame the Guards, and expect them to be perfect after two years. You cannot expect them to be perfect until the particular bunch that was recruited for that work are put under some definite control, or removed from the positions they occupy. It cannot be done. No one expects it. A man who has carried out certain duties in the Guards for ten years, and who has been screened here, night after night, for illegal actions, cannot be expected to turn over a new leaf and to be absolutely perfect in a short time. You cannot expect men who were convicted three or four times for assault, whom Deputy Fitzgerald-Kenney described as being absolutely efficient and perfect, to turn over at once.

The Deputy is repeating his speech of last night.

My reason for repeating it is to drive the lesson home to those who are at present complaining of the actions of the Guards, and to show why we cannot have perfection in two years. I have driven that case home sufficiently now, and I think they realise their position. I could give quotations from the Official Debates that would take four hours to read.

I intended to read them, but I will content myself by advising Deputy Dockrell to read Volume 29 of the Official Debates at home to see what happened then, and to compare it with what happened in the case of the colonel who got a blow of a baton. If he did get a slap of a baton it was the first time, even though he went to a certain place in his Rolls-Royce car.

There was a Fianna Fáil Rolls-Royce there, too.

If he left the Rolls-Royce at home he could have easily paid the annuities. He expected a medal probably. It is good to see those gentlemen becoming patriotic, even at this late hour—gentlemen from whom the annuities have to be collected.

We are not dealing with the land annuities.

I am only referring to the manner in which others were treated, when we heard of this case.

The Deputy has dealt twice with that matter.

I do not wish to delay the House, but I wish to remind Deputy Fitzgerald-Kenney and others that no one here wishes to see coercion. God knows this unfortunate country has had enough of it. No one wants coercion on one side or the other. I do not wish to see anyone coerced after the treatment that was given to my comrades and myself for ten years. We have no desire to see a vendetta carried on, month after month and year after year. This country is too small for that. We had an appeal from Deputy Lynch in connection with the Public Safety Act that his Party introduced. I appeal to Deputies opposite, any of them who are left there, and who were with us until 1921——

Who were with us. I might not——

You might not.

I am not mentioning the Deputy.

The Deputy should take the debate seriously.

I am treating it much more seriously perhaps than many Deputies opposite. No one wants to go through the hell that Republicans in this country went through from 1922 to 1931. They do not wish to see that repeated, even on their enemies.

They seem to be going through it still.

We do not wish to see it carried further. We want to see it ended. I regret that Deputy Lynch is not in the House, but I will make a straight offer to him. We are in a better position to-day to achieve the Republic than we were when fighting together from 1916 to 1921, better even than in 1918 or at any other time. Let us come together on that one issue, and do not let us have the position that our children will have to fight the same issue again. Let us come together and form one Party on that issue alone, and let those who profited by the division in 1921 get out. Let us come together and finish the job.

Mr. Fitzgerald-Kenney rose.

The Deputy has already intervened in this debate.

I think I am within my right in speaking a second time.

Technically the Deputy is quite within his right, but it is contrary to practice to make two set speeches on an Estimate. It is, of course, legitimate and usual for Deputies to ask questions or to reply to particular personal points.

Are we to understand that each Deputy can claim the same right in that respect? This debate has lasted four days, and if Deputies on the Opposition Benches are going to speak a second time, I claim the right to do so.

The Deputy is entitled to speak more than once in Committee. In practice it is not usual to do so.

The reason I rise a second time is to deal with a certain specific statement dealing with me, personally, which was made by the Minister for Justice. The remarks I am going to make to the House will be compressed within a very few minutes. I will deal with three specific points shortly. The Minister for Justice, speaking on May 9th, column 811, of the Official Debates, said:

"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."

That certainly is incorrect about handing the decrees to the Deputy when he was Minister. I did not see the report but, apparently, I did say that. If I did, it was intended in a very different way. I had the decrees here when I was referring to those cases and I held these decrees up to the Deputy, who was then Minister.

The Deputy never mentioned to me any decree that he had got.

I mentioned them in this House.

Nor did he refer in any debate in this House to any decree which he got in the West. My recollection is clear upon the matter but I did not trust my recollection. I have gone through the Reports of the Dáil from 1927. I have gone through everything the Minister said, not reading word for word but glancing through the Report sufficiently to digest it. I find that my memory is perfectly correct. The Minister referred to one case, and one case only, from the County Mayo. It was a case in which an action was brought by the Minister, as solicitor, against a sergeant then in the Guards and, I think, another Guard. The action was for assault and that action was dismissed. The Minister referred in the House to the circumstances under which that action was dismissed. He said that there should have been an inquiry, that he reported all the facts to the Department of Justice, but there had been no inquiry. What the Minister said was, according to the Official Report, Volume 34, column 482:—

"I know a case in County Mayo where no inquiry was held, although all the facts were brought to the notice of the Department of Justice."

Then I intervened and asked: "Is that where the Deputy brought an action unsuccessfully?" Deputy Ruttledge said: "That action is not finished yet." What Deputy Ruttledge meant by that was that the action had been dismissed by the Circuit Court Judge and that he had lodged an appeal. The action to which the Minister is now referring—the only case in the West of Ireland which he mentioned in this House—was that particular action which he brought unsuccessfully against the sergeant of the Guards. That was the case which the Circuit Court Judge had heard out very fully and dismissed and the Minister referred to that case as "an act of the greatest blackguardism ever perpetrated by human beings." That is monstrously unfair. The Minister, when he was Deputy Ruttledge, was carrying out, like others, a settled campaign against the Guards. It was the policy of the whole Fianna Fáil Party to carry out a settled campaign against the Guards, and Deputy Ruttledge, as he then was, was but one person engaged in carrying out that campaign. Deputy Ruttledge is in a different position now. He is now Minister for Justice and he refers to this particular case which was dismissed. There was no other case from the West of Ireland of which I can find any trace in the Debates. I should be very glad to find that I had overlooked something in my search through the volumes of Debates. I should be very glad to discover that my memory was faulty. But, so far as my memory goes, fortified, as it has been, by the researches I have made, the Minister mentioned one case and one case only from the West of Ireland. That case was dismissed. That he should now make a charge against the individual Guards concerned in the proceedings out of which that action was brought, that he should make a charge against the Guards who were then stationed in the West of Ireland as having been guilty of "the greatest act of blackguardism ever perpetrated by any human beings" is a monstrously unfair and unjust course for the Minister for Justice to pursue in this House.

The Minister for Justice has said that I, when I was Minister, condoned illegal acts by the Guards. The Minister for Justice has got, or had, at any rate, every single file that came into the Department of Justice while I was Minister. He can go through them all, and he will see that one steady, persistent course of conduct was carried out the whole time I was Minister for Justice. When charges were brought against members of the Gárda and it was considered by the responsible officers that there was substance in those charges, then the charges were fully and thoroughly investigated and punishment was meted out to any individual who was found deserving of punishment.

Promotion.

When this campaign to break down the Guards was being carried on, when false charges were being brought against the Guards, when they were being harassed by these false charges, if every single one of these false charges had been investigated, it would have been impossible for any Guard to carry out his duty, because no Guard could have been expected to carry out his duty if, next day, having carried out his duty fairly and correctly, he was to be faced with an inquiry and all the expense, trouble and worry that an inquiry entails. In consequence, in every case where the Gárda authorities thought the Guards were not to blame, I made the steady, repeated answer to which Deputy Corry refers. I said: "Those men have the courts of this land open to them and, if they feel themselves aggrieved, let them go into these courts and seek their remedy." There were cases in which the Guards were decreed. In some of these cases, the Guards were subsequently dismissed. In some of these cases, the Guards were punished. In some of these cases, nothing was done to the Guards because, called upon to act in sudden emergencies, the Guards, on occasion, make mistakes. If a man's act was not stood over by the Executive Council and his expenses and costs paid when he had made a bona fide error of judgment then it would also have been impossible for the Guards to carry on.

That was the spirit in which the Gárda Síochána were administered when I was Minister for Justice. In the year 1928 the Gárda Síochána Code was issued. That code contained an introduction written by the then Commissioner setting out what are the duties of the Gárda. He set out in two paragraphs especially what were the duties of the Gárda towards persons whom they had arrested or towards persons who were in their power. With your permission, Sir, I will read these two paragraphs to the House. They are not very long and they are germane to the charge brought against my Administration by the present Minister for Justice.

On page ten of the Gárda Síochána Code published, as I say, in 1928, there are these two paragraphs:—

"It is considered specially necessary to refer to the treatment of prisoners or of persons being detained, while in the custody of the Gárda Síochána. It sometimes happens that the conduct and language of such prisoners is offensive and provocative, but under no circumstances should they be treated other than in the most humane way consistent with their safe custody. Such persons may have committed serious crimes, including crimes of violence, but nothing can justify counter-violence on the part of members of the force against defenceless persons who are at their mercy and in their keeping, and for whose personal safety they are expected and required, should the necessity arise, to risk their lives.

"Ill-treatment of prisoners is contrary to all the principles of justice —it strikes at the impartial administration of the law, and shakes the confidence of the public in the force —it is cowardly. All ranks should understand that the most severe disciplinary punishment as well as the full enforcement of the criminal law, will be dealt out to members who offend against this regulation, and that no plea of extenuating circumstances such as over-zeal in the discharge of duty, or of meritorious past service, will be considered in amelioration. The members of the Gárda Síochána, although protected by law in the performance of all legal acts, must remember that this protection ceases the moment the legal boundary is crossed, and that members then become, like all other citizens, answerable to the law, both civil and criminal."

These were the instructions that were laid down in the year 1928. They had been issued separately at a date earlier than 1928, but in 1928 they were laid down in the Gárda Síochána Code. Those were the instructions which the Gárda received from their Commissioner as to the method in which they were to administer the law in this country. In certain cases, as I mentioned, the Gárda did go too far. There was a notable case in Stradbally. It was the missing postman case, and the Gárda did undoubtedly exceed their duty and act illegally and improperly with reference to certain witnesses or potential witnesses in that case. Those Gárdaí were very severely dealt with. As a matter of fact they were too severely dealt with and the sentence had to be reduced. In the first instance; they were dealt with too severely.

A couple of other instances of the same kind occurred about that time. In the year 1931 so determined was the Commissioner that no illegal act or acts of violence should be perpetrated by the Gárda against prisoners in their custody that he collected the chief superintendents from every county in Ireland, brought them together in the Depôt and told them that if acts of violence were perpetrated by the Gárda against prisoners he would hold the chief superintendents responsible for those cases.

That was the spirit in which the law was administered when I was Minister for Justice, and no amount of false charges that were then brought against the Gárda and no crimination which can be brought against the Gárda in this House at the present moment can alter that fact. Deputy Corry is very fond of alluding to one particular case. I will deal with that case shortly. It is the case in which a certain man named Ryan was under surveillance by two members of the Gárda Síochána. On one particular morning while that man was milking a cow another cow made a rush at the cow he was milking and the man was knocked down. That file is there in the Department of Justice and I fling out this challenge to the Minister for Justice now: Let him take that file, read it, and let him see how circumspect in every part that story is. Having read that police report—if he can read it fairly and impartially—let him come here to the House and say if the same impression will not be left upon his mind as was left on my mind when I read that police report. That report was true.

The man who made it should be writing novels.

There are just two other matters to which I will refer very shortly. One of them is this bomb outrage. The Minister declared that he would have been prepared at any time to place these police reports at the disposal of the leader of the Opposition. He referred to me later to know what effect that would have upon my mind. I do not know whether the Minister, when he made that reference to me, was willing to place those particular reports at my disposal. If so, I am perfectly willing to accept that offer, but it will be the whole file. If the Minister is willing to place at my disposal the whole file, I am perfectly willing to accept that offer. I repeat it must be the whole file. Here someone has blundered and blundered terribly.

Again and again, we have asked the Minister about this bomb outrage in this House and again and again he has shelved this issue—who gave orders to the Gárda that they were not to search the premises in which this bomb was being manufactured; and where did the stuff come from? Did the Gárda know where the stuff came from which was put into this bomb? These are the specific questions I put again and again to the Minister and he has shelved them. As far as I am concerned I will jump at the offer and having seen all the evidence and knowing everything that is in that file, if the Minister places it at my disposal, then I will draw my conclusion of fact. The Minister, however, must place before me the police files. The Minister himself is just as capable of drawing a conclusion of fact as any officer in the Gárda is capable of drawing it, and I put myself in the same category.

I will refer only for a moment to the last matter. The Minister says there have been no transfers more than the ordinary in the Gárda.

I did not make that as a specific statement. I said that at one time the Deputy asked a question here about transfers and that I examined the particular case and found there were as many in the Deputy's own time as Minister.

I cannot accept that. Whoever has given the Minister the figures has messed up the matter. I know in my own county of Mayo that when the change in the administration of the Gárda took place, there were six superintendents and one chief superintendent. The chief superintendent has been changed; the superintendent has been transferred from Ballina; a superintendent has been changed in Swinford, a superintendent has been changed in Westport, a superintendent has been changed in Castlebar and another in Belmullet. The superintendent in Claremorris is the only superintendent in Mayo who has not been changed since the Minister became Minister for Justice. I know all the superintendents in my county, except the superintendent in Belmullet. If the Minister says that the changing of the chief superintendent and the changing of five out of the six superintendents in one county—and I take it the same thing went on in every county—was a normal method and a normal rate at which transfers were made, I cannot accept his statement.

I should like the Minister to answer just this question—if he had not brought up the matter himself, I would not mention it. Will he deny the charges which are going around this country at the present minute that all over the State recommendations of Fianna Fáil Deputies are made to the Minister or to the Commissioner, I do not know which, and that on these recommendations of Fianna Fáil Deputies and of prominent persons who are in the Fianna Fáil ranks, the Gárda are being shifted and changed without any consideration or advertence at all to the proper conduct and proper administration of affairs? These are the only matters to which I wish to refer.

I would like to refer to a couple of points that I made when I was speaking on this subject. They were adverted to by Deputy Donnelly.

Deputies will, of course, realise that there must be some finality. If Deputy Donnelly wishes, as he states, to reply to Deputy Belton's further remarks, and so on, there will be no end.

I think there was a misunderstanding on the part of Deputy Donnelly and it is to straighten that out that I am rising to speak now. I did not read over the Deputy's speech, but I understood that Deputy Donnelly accused me of singling out different officers of the Guards for incidents that happened in Nass.

I did not read the report of my own speech or the speech of Deputy Donnelly, but if anybody understood me as saying that and if, in fact, I did say it, I now withdraw it. I do not think, however, that I did say it and, as I have said, I did not check it up. I think the incident in Naas was unwarranted, but I did not attempt to fix blame for it because I could not as I was not there. Even if I were there, I could not know who exactly would be responsible. Taking the incident as a whole, in view of the forces that were there and in view of what I have heard, I think the baton charge was not warranted. I do not want to injure anybody, but I think the Minister should investigate the matter.

Then you attach no blame to the Guards?

I attach no blame to any individual officer. How could I? I was not in a position to know about the matter, except that a certain incident had happened there and I do not know who was responsible for it.

I do not know where Deputy Minch comes in now.

You will not draw Deputy Minch. You went down there and encouraged them.

There is one point I got up to make and it is a very serious one. I want to bring it under the notice of the Minister for Justice and the Attorney-General, neither of whom touched upon the matter when they were speaking. I charged them with using the Guards to buy cattle seized for a debt that already has been paid.

The Deputy has reverted to the question of the land annuities.

No. This is a matter dealing with the use of the Guards. It was the only thing I got up to speak on before.

And again now.

I am not going to labour the point, but I want to draw it to the notice of all whom it may concern.

I am afraid I will have to answer you.

It is not a matter that the Deputy could answer; it is a matter for a Minister to answer. I will accept the statement of the Minister if he says that such is not the case. There is a further rumour, not only that the Guards have been used to buy the cattle, but that the Guards have handed them over to smugglers. That will take some explaining away. I may as well inform the Minister that that rumour is going round. Deputy Corry made a certain appeal here. I reciprocate that appeal. I hope instead of thinking of the strength we possess so as to continue the fight that was waged from 1916 to 1921 for the realisation of a Republic, that we will try to work the country as we find it at the present time and that both sides will co-operate in that work. If they would only do that it would be better for the country.

And not interfere with sheriffs' seizures.

I will ask the Government not to send out their officers to make seizures from farmers for a debt they have already paid. I challenge the Attorney-General to contradict that.

You are breaking the truce.

There should be some justice.

Let us have a debate on Justice.

Agreed. No Deputy or Minister or even the Attorney-General should introduce the element of injustice into the debate. I am afraid the Attorney-General's mind, if I may say so, with all respect as a layman, is a bit muddled as to what is justice and what is injustice. My rough and ready idea of justice is that if I owe Mr. Conor Maguire £10 and I pay him that amount, surely I have done with the job. In the case of the land annuities——

I am not dealing with the rights or wrongs of the land annuities. I am dealing with whether they are paid or not. A certain collector says he has collected the land annuities. That has not been contradicted here. It is immaterial to the man who has to pay them as to who gets them. When he has paid them that is all that concerns him. Is he not a good man who pays his debts once? Now, they have been paid and then there is this seizure for cattle in Naas carried out, I presume, on the instructions of the Attorney-General. I know he was very carefully instructed about the incidents that happened at Lenehan's Pound last year. The Minister for Justice was the principal man in that. That money had been paid already and I do not think there can be any doubt about that. There has been talk here to-day of burying the hatchet; there has been a certain gesture from the opposite benches. Will the Party opposite get six farmers from amongst its supporters to meet six farmers from our supporters and I bet none of them can prove that the annuities have not been paid.

Land annuities once more.

I am merely dealing with the gesture made by Deputy Corry.

Which was not relevant.

I am not the controller of the rules of order here. Anyway, I hope what I have said will sink in. I am bringing to the notice of the Minister for Justice the rumour that is all over the country that cattle were bought by the special force that he has recruited—these tainted cattle, these cattle that were, in my opinion, looted from the farmers for a debt already paid, these cattle that nobody else would buy. Naturally, it led, if not to a breach of the peace, to conditions that in the opinion of the Minister justified the Guards in using their batons. The real breaker of the peace was the Government that authorised the seizure of cattle for a debt already paid.

Land annuities.

I will not mention that any more. Anyhow, the cattle were sold. Nobody would buy them except members of the Guards. That is the general belief, that the cattle in Naas, Clonmel and Enniscorthy were bought by the Guards. I challenge the Minister to contradict it. I have nothing to say about the special unit of the Guards, many of whom I know, from my own personal knowledge, have done things in the last couple of years that would not fit them to be Guards. I also know of my own personal knowledge that they did not do those things for any personal gain. High motives prompted them in doing those things, though what they did was not legal. If I had the information from hearsay I might not refer to it, but I actually have it from the individuals themselves who are now members of the Guards. Though they did these things that were wrong, they did not do them for any personal gain, but rather for the highest motives. I do not think they are any the worse for it. I do not want to make a point against any individual. I challenge the Minister to contradict what I say. He will have the toughest job of his life to contradict it. Let him deny that the Guards are used for buying cattle that no decent man in the country will buy.

A day or two ago I had a question on the Order Paper with regard to occurrences at Limerick and when I asked your permission, Sir, to raise it on the Adjournment you suggested that I should raise it on the Estimate. I was referring to the intimidation in Limerick on Saturday week last on the occasion of a League of Youth dance in the Lyric Hall in the City of Limerick. While one does not like—at least, I do not like—repetition in debate, I made some reference to it when speaking on this particular Estimate a few days since. The subsequent speaker was the Attorney-General and except to say that the Guards had no particular orders not to interfere, he made no further reference to that particular incident. The Minister for Justice followed afterwards and made no reference to it at all, as far as I could see. I then put down a question on the Order Paper and the Minister's reply was that his information was that all precautions had been taken and that only one case of injuries, and that of minor injuries, was brought to light. Those injuries were inflicted on a young girl who was attending the dance. For the Minister's information I may say that there were several cases of injuries on that particular occasion, and if the Minister makes further inquiries he will find that there were several cases. If he will make inquiries at the hospitals he will find that several people were treated for injuries at the various hospitals— that is, if he wants any further evidence.

I will have to refer again to the happenings on that day. There was a dance at the Lyric Hall. Two hours, or perhaps more, before people would be coming to that dance, the approaches and streets to the dance were occupied by a very large crowd. There are three approaches by which one can get to that hall. The three principal roads would be one from O'Connell Street—the principal street in Limerick — through Glenworth Street, and two approaches from Catherine Street. All of these approaches were thronged with a crowd—I cannot estimate the exact numbers—which must have numbered thousands. Our case is that if at the earlier stages an attempt had been made quietly to disperse this crowd, or to make a passage-way through the crowd so that people attending the dance could come down without being molested, the subsequent incidents might have been avoided. It was with the intention of avoiding any possible breach of the peace that some of us approached the chief superintendent and asked him if he would not make some passage-way for those attending the dance. The chief superintendent was reluctant to proceed to remove any of these people; in fact, he was more concerned that our Party—those of us who were on the streets—should get inside the hall. I might say that all of our Party did get inside the hall, or were inside it, except two or three of the principal people connected with the organisation, myself included, against whom, I think, even Deputy Corry will not bring any charge of having attempted to make any breach of the peace.

Was the Deputy one of the youths?

Yes, I was one of them —even a grey-haired youth like myself, who has not so far advanced in age that he is not able to take care of himself still.

That's the boy.

As I say, the chief superintendent was reluctant to make any interference with these aggressors. The attendance at the dance naturally suffered greatly owing to the intimidation of this huge crowd, and many people were prevented by intimidation from going to it—we can get evidence of that if it is required. They did not desire to make their way through a howling and intimidating crowd, a crowd actually throwing bottles, and some of them selected the wiser course and went home. I presume that the intention of the crowd was to prevent them from going to the dance.

"The walls of Limerick!"

Yes—"The Walls of Limerick." I am coming to "The Walls of Limerick." There were two girls at least, of which the Guards have evidence, who were molested on that particular occasion. There were several other individuals injured on the occasion, one of whom I will name, a gentleman named Mr. George Harty, who was attacked, caught by the collar, an attempt made to tear his coat off, and then struck on the head with a bottle. A passage was made afterwards by the Gárda to get him to the dance hall, and he was subsequently treated for his cuts in the dance hall by a doctor. He is still suffering from the effect of his wounds.

On a point of order, Sir, I was called to order for repetition of statements I made here last night. I suggest that in Volume 52, No. 2, column 762, of the Official Debates, everything that Deputy Bennett has been saying for the last quarter of an hour was said there by Deputy Bennett last week on the same Vote.

Deputy Bennett had a question on the Order Paper a few days ago on this very matter. At the suggestion of the Chair he postponed consideration of it to this debate. The Deputy may not, however, repeat what he said on a previous occasion.

At the commencement of my remarks I said that I am not at all in favour of repetitions in debates. But having made the attempts I made to get this particular matter clarified, I think it is necessary, perhaps, not having convinced the Minister on previous occasions, that I should clarify my facts. This is a serious matter for the City and County of Limerick. If this were a particular isolated occasion where particular people were excited by what somebody said or did, then there might be an excuse for it, and I perhaps, would be one of the first to excuse anybody who, in a hot-headed moment, did a particular thing. In this case, however, there is evidence in the possession of the Minister that these things have been going on for years, and are increasing in the City and County of Limerick, and that obviously there is a determined conspiracy there to interfere with people of a certain kind. As far as the people whom I represent in the County of Limerick are concerned, we have always insisted on our particular followers obeying the law and obeying the Guards and helping them. We can give repeated instances of our intervention in that way, and I am quite sure that the Guards, from the chief superintendent down, will bear witness to that. As we all know, at a big event in Kilmallock some time ago, when asked by the Guards to disperse, our people immediately did so. Reference was made a few moments ago to the question of the sale of cattle. There was a sale of cattle in Kilmallock recently and a number of our followers attended.

The sale took place and there was no intimidation whatever. The Gárda superintendent came to our followers and said, after the sale, when they might have had a public meeting and a procession in the town, if they had wished: "I would prefer, that you did not have any public march in the town of Kilmallock to-day," and immediately those people, because they were asked by the superintendent of the Gárda not to do a certain thing, did not do it but went home peacefully. I should like the Minister to contrast the action of these people with the action of the people with whom I am asking the Minister to interfere.

In the city and county of Limerick —and I am particularly referring to the city—for the last two or three years, there has been continuous repetition of incidents such as those I am speaking about here. I do not want to enumerate them again. Deputy Corry might get anxious if I repeated the incidents, but there were several. There was the occasion of Deputy Cosgrave's meeting, the occasion of the private meeting attended by Deputy MacDermot and myself and this particular occasion—all occasions on which, without any provocation being offered by the people whom they were intimidating, these people succeeded to a certain extent in creating havoc and trouble. There is in all these cases evidence that they were premeditated and prearranged and I am quite certain that if proper measures are taken and proper inquiries made, the ringleaders of these transactions can be found, and if the ringleaders are found and restrained, I am quite sure that these incidents will stop.

I do not know who the ringleaders are but, apparently, some of the Deputies on the Government side do, because when a certain charge in respect of one of these incidents in Limerick—the second last—was made here and when I mentioned that bottles were thrown at Deputy Mulcahy, a certain Deputy intervened and said there were not. If that Deputy was not there, he could not have known whether bottles were thrown or not. I do not say that he was there. Far be it from me to charge any Deputy with lending himself to an attack like that, but the Deputy ought not to deny it if he had not information about it. Evidently, that Deputy had information about that transaction and I suggest to the Deputy that he cannot have it both ways. He has never made it clear as to whether he was or was not there and as to where he got his information with regard to the throwing of the bottles. I was there and Deputy Cosgrave was there and we know and the police authorities in Limerick know that bottles were thrown and that heads were smashed on that particular occasion. I know, and the Chief Superintendent knows, and the authorities know, that bottles were thrown on the last occasion in respect of which I put down a question. We also know that that incident was premeditated and prearranged and I am quite sure the police are aware of that.

It ought not to be impossible for the authorities if the Minister gives instructions to find the men who plan these attacks—and they should be found. The aggressors on this occasion came in numbers, with their pockets full of stones and bottles concealed about their persons. There is not within, I should say, a quarter of a mile of the Lyric Hall a single stone on the by-ways and as far as I know, there were no bottles on the roadways within 500 or 600 yards of the Lyric Theatre, and unless there was a prearranged plan in pursuance of which these people came provided with these missiles, these incidents could not have occurred. I am chiefly concerned for the peace of Limerick. I am not concerned to take a political advantage of these incidents. They have been referred to by various people in Limerick—by the Church, I am glad to say, and by the Fianna Fáil Party. A letter appeared in the Press three days before these incidents occurred, appealing to the followers of Fianna Fáil not to interfere with our dance. I am not making any charge against the Fianna Fáil or any other Party, but I am making the charge that these occurrences took place, that some Party in Limerick is responsible for them and that they are prearranged and premeditated. I say that they must be stopped.

What I am concerned with is the fact that innocent people have to suffer. We all know what happens in a city. If 20, 30 or 40 people create a scene of any kind, innocent onlookers immediately throng around. A crowd collects and if there is any fighting afterwards innocent people very often suffer. On this occasion in Limerick, I am willing to admit, some of the cases treated in the hospital were innocent people, constituents of mine and Deputy Keyes', people who had no intention of being guilty of a breach of the peace but who by being present suffered equally with the guilty. A crowd of blackguards cannot gather in a city like that without some innocent people suffering and that is the particular point I should like the Minister to take into consideration. Innocent people did suffer in the city, I am quite certain, and, possibly, having smashed the heads of certain individuals and molested and torn the blouses off girls and maltreated the Gárda, the very people who created these disturbances fled and later the innocent people suffered. The Gárda did not intervene for a considerable period and I doubt if they would have intervened at all. They intervened, and intervened with a vengeance, at a later stage, to protect themselves, because when our dance commenced and our people were in the hall and there was no further opportunity for them to molest us, they proceeded to molest the Gárda. They attacked them and knocked them down and the Gárda, in defence of themselves, had to baton this crowd.

Hear, hear.

The Deputy says "Hear, hear."

Yes, they were right to baton them.

If they had moved them off the streets three hours earlier, they need not have batoned them.

What we complain of is that earlier action was not taken. If action had been taken in a mild way two hours before, the subsequent incidents would not have occurred. These things are happening all over the City and County of Limerick and I have no doubt they are happening elsewhere. In the debate on another matter yesterday we had frequent references to the liberty of the subject and to what the subject is entitled to. I make particular reference to the liberty of the subject on this occasion and I suggest that these aggressive mobs, these blackguard mobs, these instigators of ruffianism, because I can call them nothing else, are getting a privilege which is not extended to the peaceful citizen. It is not extended, for instance, to trade unionists. If trade unionists in a commercial dispute have to engage in a strike, which is a perfectly lawful thing, they are allowed by law to take action up to a certain point. They are not allowed to congregate in thousands outside a business house, to prevent ingress into that particular house or to intimidate people going into it. The law distinctly prevents that. They have got to keep on the move, but those blackguard crowds are to be permitted a liberty which is not given to peaceful citizens in this State.

Were they not batoned?

I thought you said they were?

Subsequently. They were allowed to congregate there for two hours, and block the approaches to a peaceful gathering, without any attempt being made to move them or to make a passage-way for the people coming to the dance.

That is your twenty-fifth time saying that.

That is a privilege—if one can call it a privilege—which is not extended to the peaceful citizens of this State, a privilege which would not be permitted in the case of a trade union strike. Perfectly peaceful trade unionists are to be treated in a different manner to those blackguards who plan and premeditate attacks on peaceful functions and peaceful meetings in this country. One does not know exactly where the blame lies— whether it lies in the reluctance of the Gárda authorities to take action lest they might suffer the penalty of transference. Say what you will, and let the Minister make what reply he likes, we all know that certain Gárda officers have been transferred because they were too assiduous in the discharge of their duty. Because complaints were made by certain organisations that they were taking too strong action against them these particular Gárdaí were transferred. It may be a possible explanation—I do not say it is; I make no charge whatever against the Gárda; I back them to the limit—that those particular officers are reluctant to take action lest they may suffer the penalty of transference or possibly a reduction in their status. That may be one explanation.

The followers of the Minister can take what solace they like from a letter that appeared in the Press warning people not to interfere, but we all know that if this particular Party, which the Minister represents, liked to do so they could have stopped this interference. It does not do to say "Do not do this, and do not do that." Some responsible head of the Government Party should get up and make the definite statement that we should make against our followers if they acted in a like manner—that we disowned them; that no man or woman who acted in that manner, it does not matter whether he is a follower of Fianna Fáil or Fine Gael, is fit to be a member of any organisation. Any politician in this country who is afraid to stand up and say that such a man should be expelled from any organisation is not a fit representative of the people. All we ask in this matter is a fair deal. If there is to be a possibility of peaceful meetings anywhere in this country—in Limerick particularly, but what is happening in Limerick is happening in every other place—there must be some change in the functions of the Department for which the Minister is responsible. It does not do to make wild reproaches against certain people. Sterner action must be taken. There is evidence everywhere that all those things are prearranged. It is apparent in Limerick that they are prearranged. People do not come armed with bottles and stones to a particular place, knowing that they themselves are not going to be interfered with, except that they have premeditated an attack.

The Deputy is repeating himself.

I am. I admit that I am, but I feel very deeply in this matter.

It is only your twenty-fifth time.

I believe that if some action is not taken, particularly in my own constituency, where those incidents have taken place time after time, certain things will happen in the City of Limerick which no man can stop, and which the Gárda will be unable to cope with. Possibly an occasion may come when the military will have to be called out in the City of Limerick. That is a state of affairs which I, for one, do not want to see, and that is why I want the Minister to take action now. What happened in Limerick was that instead of dispersing those people the Gárda authorities were, in fact, protecting them. Any appeals that were made were made to us, perfectly peaceful people who had no intention of interfering with anybody, to get into the hall for fear we would harm any of those unfortunate aggressors. We had no intention of interfering, and had made no demonstration in that direction. Any action that was taken by the Gárda looked like action to protect those people rather than to restrain them.

Had you not still got the women of Limerick to defend it?

The women of Limerick were there too—some of them. I do not want to say anything against the women of Limerick, or the men of Limerick. There are good women and good men in the City of Limerick; there are bad men and bad women there too, and the bad women are worse than the bad men. I have said all I want to say on this matter, and I hope that the Minister when he is replying will make some particular reference to it. In the interests of peace generally, both in the City of Limerick and everywhere else in this State, it is necessary that more determined action should be taken against those people who prearrange and plan intimidation at meetings and gatherings of this kind.

Deputies Minch and B. Maguire rose.

Mr. Maguire

Might I draw your attention——

Is this a point of order?

Mr. Maguire

Yes. I have been anxious to get an opportunity of intervening for a few moments in this debate, and I think it is hardly fair that three Deputies who had already spoken have got that opportunity.

I did not see the Deputy rise, and I am calling on him now.

Mr. Maguire

It is pretty evident, A Chinn Comhairle, from the discussions which have taken place here that, if we are to believe the statements made, a very serious situation does exist from the standpoint of good law and order. It is also pretty apparent from the criticisms and suggestions made that the wrong men are in charge of the Gárda in this State, because every Deputy who has spoken from the Opposition Benches has practically outlined what a different position there would have been had a course other than the one taken been adopted by the Gárda. To me it appears that criticism of the sort which is levelled from the Opposition Benches is both injurious to the best interests of the Gárda service here, and is also very bad taste on their own part. The Gárda force in this State, recruited as it was under conditions that were not normal, would surely require the encouragement of all Parties in this State if that force were to be put into a position to attain as high a degree of perfection as possible in the duties which they are intended to perform. We have had criticism of the Guards from the Opposition Benches, and it is a sinister form of criticism. There is a suggestion that the Garda themselves are quite good men, with the exception that very often the new recruits are not good men, but that undoubtedly the head of the force is wrong. There is a suggestion that the orders from the head of this force are wrong, and that the instructions to the Gárda are, therefore, wrong. That is bad taste, coming from a Party whose leader is the late chief of this force, and who was removed from it because of very good State reasons.

Which were not stateable.

Mr. Maguire

Which were stated to be very good State reasons.

They were not stateable.

Mr. Maguire

That form of criticism tends to weaken the Gárda in their confidence in their leaders, and is bad for the future and for the discipline of that force. Reference has been made to various incidents where lack of operation on the part of the Guards resulted in unfair treatment, and where too vigorous operation on the part of the Guards also had that effect.

What really is the problem? We have certain Opposition Deputies complaining because the Gárda give them attention beyond what they consider is convenient, and we have other Deputies complaining because the Gárda do not give them all the attention they assert they require. Last week Deputy O'Higgins on this Vote stated that the duty of the Gárda should be, first of all, to prevent crime if at all possible, and secondly, if they are to be good servants of the State, if a crime is committed they should be able to track down the criminal. With that I agree. Prevention, of course, is the important thing and prevention in all matters where evil is likely to result is always advised as being the best course. But, if people generally organise themselves over a very wide area in very large numbers and are determined to set aside the laws of the State, and, if not to act openly in conflict with the laws of the State, to stretch as far as breaking point the laws of the State or actually to step over the border line, then unquestionably you are going to make it almost impossible for the Gárda to be able to cope with disorders and bring criminals to justice.

Who is doing that?

Mr. Maguire

The new United Ireland Party organisation are doing it.

Did they burn the platform at Mohill?

Mr. Maguire

Yes, they were responsible.

They were responsible?

Unless the Deputy gives way, he may not be interrogated.

Mr. Maguire

They were responsible. What is happening is that you even have Deputies suggesting in this House that it is illegal to put into operation the judgment of a court in the case of certain moneys that it is claimed are not legally due by the people. There is a judgment of the court in all these cases. When the forces of the State go out to levy these decrees, the people concerned, having been prompted, or having been forced to believe, perhaps, in some cases that they do not legally owe the debts and that they have already paid them, are encouraged to put up such opposition to the administration of the law as must inevitably if that line is pursued, lead to trouble and civil commotion.

There is no court judgment in some of these cases.

Mr. Maguire

I am not saying in all of them. If these people feel that they are not legally bound to pay these debts, they could have the cases brought into court and have a decision given there.

Does the Attorney-General agree?

The Attorney-General

I did not catch what was said.

Mr. Maguire

That is the sort of thing that is really going on. Deputy O'Higgins last week, in the course of his speech, stated that the prevention of crime was really the first part of the duty of a good Guard, and I agree. But, in order to have prevention, we must seek for the cause. In this case, when we look into it, we find that the cause of the trouble at these public meetings is bringing together certain groups of people whose very appearance, or whose actions when they come there are provocative. Deputy Mulcahy asked me who was responsible for the burning of the platform at Mohill. I say it was the United Ireland Party. The arrangements for the holding of that meeting were in the hands of the United Ireland Party organisers of the district. Every precaution that could be taken by the State to ensure order there was taken. All the influence that could be brought to bear by the Fianna Fáil organisation was brought to bear to ensure that there would be no interference with that meeting.

They must be very weak there.

Mr. Maguire

Forcing a meeting in a district such as Mohill where at least 90 per cent. of the people are anti-Blue Shirt and pro-Republican is, in itself, an incitement.

The Attorney-General

I do not like to interrupt the Deputy, but I suggest as that case is sub judice it would be better not to refer to it.

If the case is sub judice it should not be further discussed.

I should like to hear the Deputy expound in general the theory that to hold a meeting in a part of the country where there is a considerable number of people opposed to your particular Party is an incitement and justifies the burning of a platform.

Of course, it is.

Mr. Maguire

If the promoters of a meeting in a district of that kind go out on the public streets and put up such inscriptions as "Up O'Duffy"——

There must be no further references to that particular meeting.

Mr. Maguire

I am not referring to a particular meeting. If they put up such inscriptions as, "Up O'Duffy,""Up Cosgrave," and "To Hell with de Valera," that is vulgarism that must, of necessity, find its just retribution. If the bringing together of these meetings entails the rail-roading of people from three or four counties and collecting together by buses and lorries people from a very wide area, many of them not very desirable people socially, and if, in the course of their journey to the meeting, or on their return journey, a lorry load of these semi-military people with blue shirts, for some personal reason perhaps, get off the lorry, draw batons, and make a charge on people standing in the streets of a village, that is provocative. The remedy is that you call off those meetings where you feel that you have not a certain amount of support; stop bringing in these undesirable men with batons to create trouble as they move around; advise your people to be less vulgar in putting up their slogans. If you do these things you will be contributing very largely to a solution of this problem.

That is the new Republic.

Mr. Maguire

I am glad Deputies opposite raised this question of prevention. Deputy Mulcahy is very interested to know from me how far they are responsible for many of the happenings at these meetings that have been referred to. I shall read a letter which I received this morning from my part of the country. It is as follows:—

"St. Mary's R.C. Church,

Cloone,

County Leitrim.

"I know intimately the ten boys from this parish who were sentenced to a month's imprisonment at Mohill Court for opposing a political meeting recently held at Cloone. I can certify that they all are boys of excellent character. They did not intend or wish to assault anyone. The political speakers confronted the congregation when they left the church after last Mass. This, I hold, was entirely wrong. And people who will provoke disturbance in this way are more deserving of punishment than the law-abiding people of this parish. The district was peaceful until these disturbers arrived at Mass time. And even then no offence worse than loud shouting can be proved against any of the boys, and surely this offence is not deserving of a month's imprisonment? It is not even reasonable to ask respectable people to go bail to keep the peace. They always kept it until provoked. They are not jail-birds or criminals. They are wronged and belied and the district's good name blackened in a way it does not deserve.

(Signed) Peter Conefrey, P.P."

That is a letter from a parish priest who has not stood on a political platform, on either side, for years; there you have the judgment of an unbiased man.

Did Deputy Michael Brennan speak at that meeting?

Mr. Maguire

I could not say.

If he did, I would like to hear his version of what happened.

Mr. Maguire

The meeting was held outside the church and people coming from Mass were obstructed on their way home, and were prevented from going about their business, and were greeted with shouts and jeers. As a result of that meeting ten men were sentenced, at Mohill, to one month's imprisonment. These ten men were all supporters of Fianna Fáil. That is not the sort of thing to lead to improved feeling in that district. The remedy lies in all these cases not in prosecuting one another, not in one Party looking for revenge, or one Party complaining that justice is denied them, and that the others are favoured. That is not the way to bring peace and good order. The way to do it is to apply ordinary commonsense measures, and not to hold public meetings unless you have control over the people attending them and unless you can keep them in hand, make them act reasonably and prevent quarrelling. Promoters of such meetings should tell their followers that when dispersing after the meetings they should not dismount from their lorries and attack people in the fields and baton them. They should tell them that these people are their neighbours, though opposed to them in politics, and that they have no right whatever to attack and beat them with batons, and treat them in a brutal manner that no true Christian would approve or tolerate.

What about Collooney? The boot was on the other foot there.

What about the murder of young O'Reilly?

Mr. Maguire

Deputies opposite have spent two days upon this Vote——

Do you approve of the murder of O'Reilly?

You know he does not, without having to ask a question.

Did he denounce it? That is a simple question!

It is a question that is neither simple nor in order.

Mr. Maguire

So far as the law is concerned, I am satisfied to bring all offenders to justice. So far as the Gárda are concerned there is this to be said: It is too much to expect them under present conditions, where this disorder is so widely operating, and is so influentially led, to keep track of every case and to bring everyone who is an offender to justice. But I feel perfectly convinced that they are honestly inclined. I say that there is a great change in the conduct of the Gárda force in the last few years, for instance, in the case of Blue Shirt officers and others who have found themselves arrested and detained in custody of the Guards. They have expressed the utmost surprise at the way in which the members of the new force of the Gárda have treated them. They have been surprised that they were not brutally beaten as was nearly always the case with the Republican prisoners who were taken into Gárda barracks during the régime of Cumann na nGaedheal. That is a fact. I could bring evidence to prove that officers of the Blue Shirt organisation, who were taken under arrest into Ballinamore Barracks, expressed themselves surprised at the treatment they received because they knew that Republican prisoners, a few years ago when brought into Gárda barracks, had been maltreated and brutally beaten. That brutal system of treatment of prisoners has been entirely removed. I am satisfied that if the Opposition would treat the Gárda as they should be treated, and would cease criticism of a sinister character they would be acting more fairly towards the Gárda than they are. They should not try to undermine discipline in the Guards and they should not try to segregate the force into two political Parties. Instead of that, they should try to make them understand that their duty is to serve the State as a whole.

I agree with Deputies opposite that prevention in all these cases is the better way to proceed. Let Deputies opposite show good judgment in preserving order amongst their own people and advise them to behave in an orderly Christian-like way towards their political opponents. If they do that they will be doing good service and helping the Gárda in the discharge of their duties. Sometimes we hear the Opposition speaking of the terrible hardships that the farmers are suffering; but the best way they could assist the farmers would be to try and unite the people that they are now trying to separate. Let us have co-operation in some way. Let us not waste our energies in trying to widen the breach which divides the people; let us not try to widen the political breach between the farmers of this country. The farmers are engaged in a very hard struggle and a well-ordered form of society would be of great assistance to them. If we could get some form of co-operation behind the action of the present Government in helping the farmers that fight would be won before very long.

I have one or two references to make in this debate.

On a point of order. Deputy Minch has already spoken, and although the Ceann Comhairle allowed Deputy Bennett to speak twice, as a result of a personal request, I suggest that if every Deputy is allowed to speak twice, Deputies who have not spoken so far, and who want to speak, will be crushed out. Deputy Keyes, who has not yet spoken, wants to speak.

A Deputy who spoke before will not be given precedence over one who has not already spoken. If Deputy Keyes has not spoken he will be given precedence over Deputy Minch.

I should be glad to give way and to agree to any fair practice. I do not want to force myself in any unfair way into this debate.

Deputy Minch has already spoken.

I was to have raised this matter on the Adjournment but, in deference to the Minister, I did not do so in the hope of being able to raise it on this Vote.

The Deputy will have an opportunity later. The matter of precedence has been raised by Deputy Donnelly and I call upon Deputy Keyes.

I shall not stand long in the way. I did not intend to participate in this debate at all and would not do so but for the statement of Deputy Bennett. As a citizen of Limerick, jealous of its reputation, I am inclined to fear that the regrettable incident that occurred there, deplored as it has been by every responsible citizen, irrespective of a Party, could be magnified to a great extent, and that the city might be given a reputation and a name that it does not deserve. Deputy Bennett has repeated the same story over and over again in this House. He is entitled, I suppose, under our procedure, to do so, but the repetition of this story, appearing in the public Press, is a matter that I certainly do not stand over. In the course of his statement with regard to the dance recently, he said that there were thousands in an unruly mob gathered round to prevent the United Ireland Party and Blue Shirts' guests assembling. Subsequently he said that the attackers could be counted as a couple of score. I make no attempt to defend the action taken against people holding a dance. I do want to say definitely that the citizens of Limerick as a whole take no part whatever in obstructing Fianna Fáil. Cuman na nGaedheal or any political Party from holding their meetings or doing their business. I rose principally for the purpose of taking issue with Deputy Bennett on this because it ran right through his statement—the veiled insinuation of partiality against the Civic Guard force. As a citizen of Limerick and one who has held some responsible offices there, I want to say definitely and frankly that the Deputy's statement is absolutely at variance with the facts. Since the inception of the Civic Guard force—and I think I can speak impartially because I have no connection with either of the two big political Parties—I defy anybody sitting in any part of this House to say or make any attempt to prove that the members of the Gárda force there have not been absolutely impartial ever since they came to the City of Limerick.

Everybody is aware that great demands have been made on them in recent times, but Deputy Bennett was ungenerous enough to say that they only became active when attacked themselves. I want to say that that is a most unfair and unworthy slander on the Gárda force of Limerick City. On that evening there were large numbers of people on the streets and the suggestion is that the Guards were not active enough in taking steps for the protection of the function that was to take place. Are we to take it that the Guards must not always be in a position to prescribe what action they will take in a particular instance? It is suggested that they should have swept these people from the streets long before the hour that was appointed for the Fine Gael dance to take place in the Lyric Theatre? That is the suggestion, that the people should have been swept from the streets. I would resent any attempt to sweep the people from the streets an hour previous to the dance taking place. The Lyric Theatre is situated in one of the principal thoroughfares in Limerick City. It is a picture house which people attend every night. Dances are held in the upstairs portion of it. The people who came to attack the Fine Gael dance were, as Deputy Bennett truthfully said, a small number. I suggest that the Civic Guards, even if they were endowed with the gifts of a Sherlock Holmes instead of being ordinary human beings, could not possibly have known what the nature of the attack was going to be. Therefore, it would be manifestly unfair if the citizens of Limerick were to be treated to a sweeping process by a big number of Civic Guards brought into the city previous to the dance taking place.

Nobody suggested that.

You did.

A sweeping process?

Yes, that they should have been swept from the streets previous to the dance taking place. You said that as well as Deputy Bennett.

When did I say it?

You said it at the time Deputy Bennett was speaking 45 minutes ago. You intervened and said if the Guards had swept the people away things would not have happened as they did subsequently.

I will deal with that matter when speaking, but at the moment I suggest to the Deputy that his impression of any remarks that I may have made is completely wrong. There was no suggestion of the kind made.

I think that the Official Debates will bear out what I say. I am prepared to abide by that. My principal reason for intervening in this debate is that I think it is deeply to be regretted that the Civic Guard force should be made the battledore and shuttlecock of politicians in this House when incidents happen. I can say, without fear of contradiction, as one who has been a close observer of them in the carrying out of their duties that they have been most impartial. I am in the position that I can speak impersonally on this matter because I do not happen to belong to either of the big political Parties. I remember a number of political meetings that were held at the O'Connell monument during the previous régime. The Civic Guards were at them and there were other people at them. I know that the citizens of Limerick dare not attend those meetings or ask a question either, because if they did they would have been severely attacked and injured by people other than the Civic Guards. There were meetings held there when there did not seem to the promoters at least to be a sufficient force present to ensure a fair hearing for speakers. Limerick is not a particularly unruly place. Since the holding of the dance, a meeting under the auspices of Fianna Fáil was held in Limerick. Fianna Fáil Deputies have objected that the Guards have been too active in affording meetings protection. On the other hand, they are attacked by the Fine Gael people for being inactive, so that between the two Parties the Guards are placed in a most invidious position.

My advice to the Minister would be to allow the Guards to carry on under the directions of their officers and to have every confidence in them. I can give this testimony that the Civic Guards in Limerick have always discharged their duties in a fearless and impartial way, in a way to cause the least inconvenience to the citizens, while at the same time providing the maximum of protection. Deputy Bennett has suggested that they are afraid to do their duty: that if they do they will be visited with punishment in the way of being transferred elsewhere, while, at the same time, he asks for more drastic punishment by the Minister for what he calls their inactivity in giving the necessary protection to his Party. It is a very serious thing, in my opinion, and it is setting a very dangerous precedent to have the work of the Guards bandied around in this House in this way and attempts made to make political capital out of particular incidents, thereby seriously interfering with the effectiveness of a force that is not the property of the Government or of the Opposition, but rather of the citizens of this country as a whole.

I have only a few words to say arising out of the remarks made by Deputy Keyes and those made by Deputy Maguire in the latter part of his speech, which was all that I heard of it. Deputy Maguire and Deputy Keyes are preaching very good principles about the attitude that should be taken by politicians towards the Guards, but I wonder if they have seriously considered whether their sermon is needed by Deputies on this side of the House and whether it is not needed a great deal more by some of their own associates. It is perfectly sound to say that the Guards should not be interfered with by politicians in the course of their duties. It so happens that only once have I had the experience of being stoned, and that was in the City of Limerick. Two men concerned were arrested by the Guards and were taken to the Guards' barrack. According to the report that appeared in the newspapers they were released that same evening, not because the Guards would have released them in the ordinary course but because a local politician, a member of the corporation and, I believe, a member of the Labour Party——

Is that wrong?

Certainly.

I apologise then.

We do not interfere with the Guards in the performance of their duties.

Some member of the corporation intervened, according to the Press report, and had these men released, and so far as I am aware no further proceedings were taken. There was another incident in Limerick before that when a meeting —a meeting addressed by General O'Duffy, I think—was seriously interfered with, and because the Guards did their duty at that meeting the local Fianna Fáil politicians assembled and roundly condemned them for doing their duty. Now, that is all wrong. If there have been any similar incidents on our side—I do not think there have been—then I want to say that our people were all wrong. Deputy Maguire complained that we had not all co-operated enough in maintaining the position of the Guards in making their work easy for them, but while he preached that as the proper thing to do under this Government he actually went back and justified his Party in doing the opposite under the last Government because he said that when the last Government were in office the Guards were acting brutally and now they are not. I do not believe that they were acting brutally then. I do not believe that the Guards force is something of which we can make a good force, as Deputy Maguire said. I believe it is a good force and has been a good force right along.

While it is a good force, it is undoubtedly a fact that it is exposed to grave dangers of deterioration by political interference and I would warmly concur in everything that has been said by Deputy Keyes and Deputy Maguire about the undesirability of political interference. So far as I am aware, such interference has come entirely from our political opponents. When we talk of co-operation with the Guards, there is one form of co-operation that stands out as most important, and that is to keep the law. I do not think we have any cause on this side of the House to hang our heads in shame about the behaviour of our followers in that regard. It cannot be said that we are in the habit of creating opponents or of exercising intimidation.

I am sorry that I was not here to hear the whole speech of Deputy Maguire because evidently he made reference to conditions near my own part of the world, County Leitrim, which adjoins my constituency. I have some experience of the conduct of the so-called Republicans in County Leitrim in invading my own constituency and in demonstrating their notion of what free-speech consists in, of what citizenship consists in and of what the rights of the individual consist in. I have observed that there have been a number of cases lately in which County Leitrim so-called Republicans have been charged with various offences against order and against freedom, and that in practically all such cases it has become the practice for the District Justice to deal with them by calling upon the offenders to give bail to keep the peace. I have no vindictive feeling whatever in my mind against people who commit offences. I do not think any of us should be vindictive in our attitude towards crime but I do think that it is important that crime should be so dealt with as to prevent further crime. I am inclined to believe that in such districts as the wilder parts of County Leitrim, it is not fair to any District Justice to impose upon him the duty of dealing with so-called political cases. I believe that if preventive penalties were imposed the personal safety of the District Justice who imposed them would be in very grave jeopardy and while I do not wish for one moment to imply that District Justices have been influenced by such considerations, I do say that on general grounds we ought to see that it is asking rather more than it is fair to ask of men who are carrying out their duty in such districts, to call upon them to deal with cases where crimes are excused on the plea of Republican enthusiasm. I think these cases should rather be dealt with, so long as the Military Tribunal is functioning at all, by the Military Tribunal, where the objections to which I have referred would not come in.

Deputy Maguire went beyond this Estimate for the Department of Justice to ask for co-operation on behalf of the farmer too. I am not going to follow him into that because it would be obviously out of order to do so, but I think I can say this much, that if the spirit of a portion of the remarkable speech of the Minister for Finance yesterday were to be taken as the spirit genuinely inspiring Government policy, and if the Government, in fact, have come round to our point of view—that Irish agriculture is being crippled, that a settlement is possible and that we have got assets that would make a bargain quite feasible if we approach the matter as businesslike men and men of commonsense—the Government will find that the Opposition will be only too ready to co-operate along these lines.

I intervene in this debate for a moment to draw the attention of the Minister for Justice to the lawlessness which prevails in my own constituency on the part of members of the League of Youth, the Blue Shirt organisation. Within the past three months we have had provocative drill displays in the open, in uniform, in the following places— Taughmon, Clonlost, Edmondstown and Killucan. Outside the house of John Coyne, in Clonlost, the members of this organisation marched up and down. Shots were fired and yells and shouts were hurled at this man. In the same way, in the village of Multyfarnham within the last month, a Blue Shirt parade was held. These gentlemen were armed with all kinds of clubs and weapons. They paraded up and down the street in a provocative way, so much so that the parish priest had to go out and ask the sergeant of the Guards to put them away and not allow them disturb peaceable citizens. As regards Edmondstown which I have already mentioned, they congregated outside the house of Peter Melia, a respectable farmer and citizen, because he was a supporter of the Government. They drilled and paraded for half an hour, yelled and shouted and did everything to provoke that man. That kind of thing does not lend itself to the spirit of law and order about which we hear so much from the other side.

If there are breaches of the law in certain districts, the provocation is there from the people who form the League of Youth and the Blue Shirt organisation. All the responsibility for lawlessness is not on the side of the I.R.A. The provokers are principally and mainly responsible. Further, I should like to draw the Minister's attention to this fact. I do not like giving names in this House as it is not proper and it is not the practice but I have never hesitated on public platforms to give names which I shall not give here. Ex-Black-and-Tan pensioners all over County Westmeath are the leaders, the drillers and the captains of squads of the Blue Shirt organisation. Might I suggest to the Minister that he should draw the attention of Britain, who pays the pensions to these gentlemen, who served until the last round up, to their conduct and that for the sake of peace, Britain should inform these pensioners of hers that they ought not to be creating so many rows or ought not to be provoking breaches of the peace. I want impartial administration of the law. In my county, I think, they are provoking peaceful citizens. Those who go to meetings, having iron bars in their hands, and deliberately provoke rows, are emissaries here of British Imperialism, carrying out the British dictum: "Divide and conquer."

After Deputy Kennedy's contribution to the debate, it is quite obvious the Blue Shirt movement is going on all right.

Of course, ex-Black-and-Tans.

I ask the Deputy to withdraw that remark.

I take it that the term was not applied to the Deputy. If it were it should be withdrawn.

I accept that. When referring to the Naas incident, the Minister for Justice made a very flippant and jocular reference to 600 or 700 luxurious motor cars that were assembled there.

Sore heads!

That was very good political propaganda and it was subtly used in the Minister's statement. Every "mutt" and lopsided lug in the country was led to believe that this was a most luxurious assembly. Even Deputy Donnelly swaggered into Naas with his sombrero, and with the Fianna Fáil whip, to give another fillip to matters, and to engineer another attack on the luxurious farmers with motor cars. I desired all the time to make it clear that any reference to that matter should be purely nonpolitical. I intended to suggest that the Chief Superintendent did become rather excited, and that the unfortunate position that exists in Naas arose out of over-zealousness or out of visions of promotion. After the Naas baton charge the Chief Superintendent might easily become a field marshal, and get a baton for himself. I would like to inform the Minister for Justice that feeling in Naas is, more or less, subsiding after the bitterness that was created by the baton charge. If another seizure of stock takes place in the district, or if there is another auction, or mock auction, I hope that those who will have charge of the police will be asked not to make sudden descents on ordinary people assembled there without at least warning them that it is intended to have a baton charge. The baton charge that took place in Naas was unwarranted. Apparently, the incident that occurred there has caused a certain amount of laughter amongst some who are sitting comfortably on the benches in this House. I can assure the House that the position in Naas was quite different on the day of the baton charge. It was a very serious situation. In the interests of law and order we want to back up the Gárdaí. I say that whether it costs me a political wigging or not. The Naas incident has done a considerable amount of harm not only amongst the people, but amongst the Gárdaí. There is a feeling that political opinion has become strong amongst the Gárdaí. I do not want to say anything that would cause any unpleasant reactions as far as individual members of the Gárdaí are concerned, whether officers or men. On the contrary, I will do everything I can to avoid anything of a political nature being introduced where the Gárdaí are concerned. When the Party opposite was in Opposition they attacked the Gárdaí. Now they accuse the Opposition of attacking the Gárdaí. I agree with speakers on both sides that that is bad for the Gárdaí, and that it tends towards indiscipline. One thing that is causing concern is the fact that Fianna Fáil Clubs are supposed to have more power than local Superintendents; that there is a lack of comradeship where Fianna Fáil Clubs are known to be able to exercise authority. That is a state of affairs that should not be tolerated in any country. I am afraid it will take 100 years to make the force secure against political interference, if it is felt that promotion or commendation for service will not be given purely for the impartial administration of the law, and not for being zealots of any political Party that happens to be in power.

The Minister for Justice and Deputy Norton referred to a certain speech that I made in Monasterevan, in which it was mentioned that I was advocating the non-payment of rates. Of course Deputy Norton referred to me as an irresponsible person because, at the moment, the Deputy is feeling the pinch of a political ingrowing toenail in Kildare. The Minister read an extract from a newspaper in which it was stated that at Monasterevan I advocated the non-payment of rates.

Annuities.

Annuities. Deputy Donnelly was also active and busy, and he wrote a letter to the Irish Independent and, of course, as usual “foozled” the whole thing from beginning to end. I can assure the Minister that that happened before the United Irish Party was formed. Frankly, I never hesitate to admit a thing, whether it was irresponsible or not. Some months prior to that I was in Rathdrum with senior counsel, to consider the question of testing the legality of the land annuities. A stay of three months was granted in the case in question, and we were going to the High Court to test it when a general election took place. I do not know whether at the time I made the speech a law had been passed in this House relative to the land annuities. I am going to be perfectly frank about the matter.

The general election.

There is not the slightest reason for Deputy Smith interfering. I am not hedging in the matter. That happened some months before the United Irish Party was formed. Deputy MacDermot was right when he said that in that Party no one had ever stood out and boldly advocated non-payment of land annuities.

What brought you to Naas?

The Deputy is very like a jack-in-the-box, butting in with what he thinks are clever things, but which I consider to be flat.

I should like, representing as I do the smallest county of the Twenty-Six, to pay tribute to the work of the Gárda Síochána. I think that it would be to the interest of the force and the people in general if there was less discussion in this House about the Gárda Síochána and if questions which require to be determined concerning them were left to their superior officers as happens in Great Britain. We might, with advantage, follow the example of the Parliament of that country in its dealings with its forces, whether the police or the army. I am one of those who always held that the best way to defy the law is to obey the law. I always held that the best way to assist the Civic Guards in maintaining law and order is by the exhibition on the part of the people themselves of a little civic spirit and a little moral courage—two characteristics which, I am sorry to say, are completely lacking in many of the supporters of the present Government. I have occasion to address many meetings in the county which I represent. All those meetings would pass off very quietly were it not for the attendance at them of a certain section, 99 per cent. of whom are supporters of the present Government. They come for the sole purpose of creating disorder and rows at these meetings, held under the auspices of the United Ireland Party. I want to make this clear because of the speech delivered by Deputy Maguire in which he insinuated that the best way to have peace in this country would be for the supporters of the United Ireland Party to have no meetings at all—to act the part of pigmies and to do or say nothing to offend the present Government. Personally, I do not mind if there is never a Civic Guard at any meeting I address. I can defend myself. I have done it for the past 25 or 30 years and I shall do it in the future. I am not speaking from a personal point of view. I should like to live in peace and harmony with all my people and to go out of my way to preserve that peace. I say this without fear of contradiction and I want to impress it upon the Minister for Justice—that the conduct of certain people at a dance which I attended in Drogheda one night would not be tolerated in any civilised country and would not be carried on by the Zulus in Africa. The windows, doors and walls of the Mayoralty Rooms, which were doing no harm to anybody, were smashed. Volleys of stones were thrown against the building. Every window in the place was smashed and many of the ladies attending the dance became hysterical. There is nothing manly about that. Conduct like that brings no credit to the people of the country and it is not going to make the work of the Guards more easy. I do not refer to this incident for the purpose of making political capital. I speak with the sole object of trying to get the people to co-operate with the Guards. If there was a little more civic spirit exhibited by our people and if they possessed a little more moral courage, none of these things could happen. The other night a little social was held about four miles outside one of the towns in my constituency. I was not there but I heard the details on Monday. About 20 or 30 persons met in the A.O.H. hall there. The function was not, I think, political; it was a sort of social. It was well carried out and was brought to a close at 10.30. There were no midnight dances or early morning dances there. A few girls were going home in company with a couple of boys. A gang of 12 or 13 cowards—they were nothing more and I should have pleasure in meeting them myself and teaching them how to be men—attacked the little party, knocked a girl off her bicycle and belaboured her with a stick. As a result, that girl—the daughter of a respectable man—is at present in Ardee hospital.

I suppose they said "Up Dev."

That sort of remark suits the Deputy well.

I should like to know from the Minister whether the Guards are being used to secure the safe passage of cattle seized from farmers who refused to pay their annuities or who are not in a position to pay their annuities or rates. I should also like to ask the Minister for Justice, and the Minister for Defence if he were here, whether it is the declared policy of the Government to make Dundalk, the capital town of the county which I have the honour to represent and of which the Minister for Defence is the senior representative, the dumping ground for all seized cattle from the south of Ireland, thereby getting a bad name for the decent cattle dealers around that county who, owing to the economic war, are not able to earn an honest shilling. The 16 cattle from Clonmel came to Dundalk and were taken out of a wagon at Dundalk station. They were paraded through the town, escorted by the Gárda Síochána, to a farm about six miles outside the town, where they were put into a field outside a house which, I am informed, is occupied by a Mr. Moore, a member of the auxiliary police force, who, I am reliably informed, was the purchaser of these cattle and who made arrangements to have smugglers from the North of Ireland take these cattle across the Border.

Now it is coming out.

Yes, and more of them will cross the Border if it is necessary.

None of your dying calves will cross anyway.

More of them will be seized and their owners will have to pay their rates and the annuities.

If Deputy Smith wants them at Cavan he can have them but we do not want them at Dundalk. The point I want to emphasise is this: the Government is entitled to seize the cattle of any farmer who does not pay his rates or annuities. I am not going into the question whether the farmer could or could not pay them or into the question of the economic war, but what I want to bring out is this—if the supporters and followers of the Government are really loyal, why have they not the moral courage to go out in the open and purchase these cattle?

That is a chance for Deputy Smith.

I have heard a number of speeches and I have heard a lot of talk about loyalty from the followers of the present Government who say so much about their loyalty to their leaders. I appreciate the men for a display of that loyalty. But if they believe in the policy as carried out by their Government in seizing these cattle, why do they not come out and purchase the cattle in the open and not send them to Dundalk, to a county and town that had nothing to do in the buying or purchase of these seized cattle? Again, I ask the Minister for Justice whether the moneys of this State are going to be used to ensure that men from across the Border, who are nothing more or less than trick-o'-the-loop men, are going to make a small fortune at the expense of this State by smuggling seized cattle across the Border. I know that the T.D.s from all over the South of Ireland know nothing about what is going on there and know nothing about the hardships endured by the people of Louth, and particularly by the cattle dealers of Louth, in connection with this talk about smuggling. These men are in a way under suspicion by the rest of the country because of the talk that is going around that they are purchasing those seized cattle. I want here and now to repudiate that there is any dealer in Dundalk or in the County of Louth who would have anything to do with these cattle.

Now I come back to the question of the holding of public meetings, to which Deputy Maguire made reference. If I can read one note into Deputy Maguire's speech it is this—that the United Ireland Party will not be allowed, as far as the Deputy can help it, to hold any meetings in the County Leitrim. We have his own admission and his statement that the people in the vicinity of the locality in which a recent meeting was held by the United Ireland Party were 90 per cent. supporters of the present Government. If that is the case, how in the name of goodness can the other ten per cent. be responsible for creating disorder at that meeting? The Deputy also stated that it was the United Ireland Party themselves who were responsible for the burning of their platform recently in Leitrim. I ask the Deputy how does he expect that the Gárda Síochána can do their duty or find out who committed these acts if you have Deputies of the Fianna Fáil Party getting up here and trying to create the suspicion and the impression that it was the other Party who burned their own platform in order to blacken their political opponents. It is about time that we owned up to the situation as it exists at the moment. I never had much to do with any acts of this kind, but I want to see peace, law and order established in this country and I want to see the Guards supported in the discharge of their duty.

The Guards do not want any active support. All they want really is to be left alone and, in my opinion, they will do their duty as they have done it in the past and as, please God, we will see them doing it in the future. There is one thing that it would be well that members of the Government and their followers should get into their minds and that is, that if we are to have peace in the country we must have the right of free speech. Fianna Fáil and our Party are political opponents, but at the same time we are not enemies in the sense that one could say we are at war. But I tell them here and now that so far as we are concerned, so far as the right of free speech is concerned, and so far as the holding of public meetings is concerned, we are determined to assert our rights. It is time that the Government and the Deputies on the Government Benches should tell their followers that it would be to their interest and to the interests of the Government that the right of free speech should be allowed to all citizens. The sooner they realise that the better it will be for them and for all concerned.

The President admitted that in Cork.

I give him credit for that. The Deputy will find that in my public speeches I always gave the President credit where credit was due. If the followers of the Government would learn that their opponents were entitled to the right of free speech it would be all the better for the country. We know perfectly well that this rowdyism at public meetings is not helpful to the country. I am not saying that it is the supporters of Fianna Fáil who are making all this noise and causing all these interruptions at public meetings. I know that amongst the supporters of the Government there are as good men as are to be found in other Parties, but I know that things have been said and done which it would have been better in the interests of the peace of this country had not been said or done. As far as I am concerned I will co-operate in every possible way in giving help to the Gárda in the securing of law, order and peace and the right of free speech for other people in this country.

The Attorney-General

I agree with a great deal of what the last speaker has said as regards the right of all Parties to freedom of speech. I have said already in this House, and I do not need to repeat it, that as far as I am concerned and as far as the cases with which I am dealing go, I will use the Guards to obtain for the Opposition Party and for any other Party in the country the right to express their views freely and without interference. Deputy Coburn is aware that, with regard to the trouble he described in Dundalk, very strong views were expressed on my behalf in a number of cases by counsel who were prosecuting. I do not know whether the case has been actually decided and so do not want further to refer to it.

There was one point running through the Deputy's speech and through the speeches made by other members of the Opposition to which I would like to refer. They have stressed the trouble at public meetings. They have attacked the Guards, they have attacked the Minister and the Government and suggested that they are not getting the protection at meetings that they should get and they made as much capital as they could out of whatever instances they have been able to bring forward to illustrate that. Does it occur to these Deputies at all that they have been a party in the last two years to another form of illegality, or what seems to me to be on an organised scale in connection with these sheriff's sales? Deputy Coburn was very free with his compliments, but he suggested that the animals bought at these sales are tainted and that the Gárda should not be utilised for the purpose of protecting the animals at such sales. In fact, it was suggested that this whole business of attempting to sell cattle either for rates or annuities is something unwholesome; that it is, practically speaking, improper for the Guards to be present even at the sale.

We had Deputy Bennett protesting loudly about interference with a dance which he was attending at Limerick. He illustrated that by pointing out that trade unionists are allowed to go only a certain distance in peaceful picketing and if they gather in hundreds or thousands to prevent the ingress or egress of people to places of business and so on they can be interfered with by the police. Can it be denied that in some counties in particular with, I do not like to say the connivance of the United Ireland Party as a Party, but certainly, so far as my judgment goes, with the blessing of a number of their more prominent leaders—they may be back benchers, but they are very prominent and very vocal—a certain campaign is being carried out? Can it be denied that they have at their disposal obviously carefully-devised machinery which, I am afraid, can only be attributed to the League of Youth organisation? At these sales on a number of occasions there have congregated persons to the number of seven and eight hundred, thousands in certain instances, and because they come there, as they say, peacefully and do not break anybody's head with the sticks they carry, they are not to be interfered with. They are now being disciplined so that they come to those sales in a silent mass. That is apparently what Deputies mean by assisting the law. That is apparently the legitimate means of preventing the effective sale of property seized in accordance with the law and to be realised for the purpose of paying the obligations of certain people. Deputy Bennett, of course, runs away on a political argument about the annuities having been paid. I am not going to go into that.

That is the crux—you will not go into it.

The Attorney-General

I really have great forbearance with Deputy Belton, far more than he appreciates. He has already been before the Military Tribunal for interference with a sale and he has been found guilty of being a member of an illegal organisation for the purpose of encouraging the non-payment of rates. I may as well tell Deputy Belton that I have had before me several statements made by him at public meetings which would justify me in bringing him before the Military Tribunal again. I have been most forbearing with him. I have here extracts from a speech which he delivered at Lobinstown at which Deputy Gearóid O'Sullivan, Deputy Davitt and others were present. Having trotted out several arguments, Deputy Belton at that meeting proceeded to abuse the Broy Harriers and he said they could tell the Government that the United Ireland Party were not conspiring against the paying of annuities or rates, but they were openly declaring:

"We have paid them once and we will not pay them again."

He also said:

"We would be untrue to our country if we allow any import from Cuba or elsewhere to deprive us of our title to our land."

He then referred to the "scoundrels" who were becoming "John Browns." He said they had one of them in Meath. Referring to the Fianna Fáil organisation, Deputy Belton said

"if Mr. de Valera was not a rogue he was a thief and if he was not a thief he was a rogue."

I will leave aside the political abuse of the President. Apparently it is considered to be the proper thing by very eminent people in the Opposition. In Deputy Belton's speech, in the speech of Deputy Coburn and in the speeches of several others, there is the suggestion that the people who go to these sales and buy stock are doing something wrong. I contend that they are exercising a legal right and I would impress that upon those gentlemen who are so fond of prating about law and order. Deputy Belton asked for the names of the people who bought cattle.

On a point of correction. I have not demanded the names of the people who bought. I have merely stated that the rumour is abroad that a member of the special unit of the Gárda Síochána bought them. I asked the Minister to refute that, to contradict it or else justify that action.

The Attorney-General

Deputy Belton stated that I was muddled. It seems to me that the Deputy himself is considerably muddled over this business. He seems to suggest that he is entitled to get on platforms and incite his followers to attack all those people who go to auctions. Deputy Minch, Deputy Belton and others seem to think they are entitled to have a cycle corps as they have in Tipperary, ready to give the warning around the countryside if police appear on a farm. Deputies seem to think they are entitled to arrange matters like that. On such occasions the experience has been that hundreds of farmers turn up at a given point. They remain a silent mass at the sales and, even though they are not vocal, their numbers and their appearance are sufficient to intimidate people. Deputies appear to think that that can be justified. I wonder does Deputy MacDermot seriously contend that these performances are in line with the policy to which he and his Party pay such lip service? We hear a lot from them about allowing the law to function here. If these sales are illegal and if cattle are being wrongly seized, the courts are open.

This campaign for the non-payment of annuities or rates was flatly denied from the Opposition Benches. Everybody in Tipperary knows there have been scenes in Clonmel, in Waterford, movements in Cork and scenes in Kildare and everybody is well aware that the whole thing is part of a carefully organised scheme. I have been forbearing, not alone with Deputy Belton but with several other people as regards what is going on, hoping against hope that sooner or later they would see reason and stop this business. It cannot do them any good and it cannot help the United Ireland Party if local administration should break down. I have refrained from action in several cases where I could have had, by merely presenting the facts before any court, the people responsible severely dealt with. I have refrained from doing that. This file was sent to me to know what action I was going to take against Deputy Belton for the language he used on that occasion. I would like to know what answer the Deputy has to make. Possibly he may say he did not use that language. I will inform him that I will not deal with him on this occasion, but I do think that his Party ought to have some control over Deputy Belton. I realise, of course, he is very often quite bona fide in what he says. He descended upon Naas in order to celebrate the victory. All these things are victories with the Deputies over there and their followers. Deputy Bennett made a virtue of the fact that he told his followers not to have a march, not to have a procession or a meeting. At the moment there is a High Court action pending where a gentleman was asked to pay £5 18s. annuities. The action is pending and I do not care to comment upon it, but this gentleman does not even say that he does not owe the money. He is going to have a High Court action to test whether there is a Land Act at all or whether these cattle should be seized.

While I appreciate the Attorney-General's forbearance, I am prepared to answer for any act or statement of mine anywhere or any time and I ask for no mercy.

The Attorney-General

I have plenty of respect for the Deputy's courage and I know quite well he would be prepared to stand over anything he does or says. I am not suggesting anything against him. There is an effort to create a certain atmosphere in connection with these sales backed by the Party over there and apparently condoned by the leaders, and it cannot be described as anything else but a conspiracy against the payment of annuities and rates.

Does the Attorney-General allege that he knows of people who have been prevented by fear from bidding for the cattle? Has he had complaints of that sort? Otherwise, surely—though I personally have not been in touch with any of those demonstrations at cattle sales—surely it could be said that it is not possible for any Party—to use the language that has been used on the other side—to make cattle sales popular. It is legitimate, surely, to take the occasion of such sales for a demonstration of sympathy with the farmers in their plight. If it came to physical violence or real intimidation against individuals, that would be a different matter, but, so far, I have not seen anything of that sort alleged.

The Attorney-General

It is hard to believe that Deputy MacDermot is so innocent as he pretends. I will not deal with the incidents at Naas, because they are the subject of inquiry in the courts at the moment, but I would ask the Deputy to look at what has happened in Clonmel, where the man who bought two horses had to escape with his life.

With regard to what the Attorney-General has said about Clonmel——

The Attorney-General must not be interrupted.

I do not wish to interrupt the Attorney-General except to say that that statement is not correct. No horses were sold at Clonmel. They were sold at Thurles.

The Attorney-General

The facts are so well known to the public that I do not think it is necessary to deal with them any further. I do not think that Deputy MacDermot can be so innocent as to ask me had I any information of anybody being prevented from bidding at cattle sales. If a man goes to an auction and sees 700 or 800 people outside the gate with sticks in their hands, is there any sense in asking whether or not he is intimidated from purchasing? I know of the case of a man, referred to by Deputy Belton, at Lenihan's Pound. That man had bought cattle at that sale, and Deputy Belton seems to suggest that there is something shameful about it. I know this much, that through the organisation of the Party opposite, or through some subsidiary Party, that man was watched from fair to fair and we had to provide police protection for him after that incident. Everybody knows that that is so.

(Interruptions.)

I wish to warn Deputies that they may be put out of the House if they do not show more self-control.

The Attorney-General

Everybody knows that what I say is correct, and what Deputy Coburn and others said bears out what I have said. I have exercised forbearance about these matters, but it is possible even to try me too much.

No matter what you do we will not forget what you have done.

One or two Deputies in the House should realise that there is no licence for interruption.

The Attorney-General

There is one other thing that I should like to refer to. While I have great respect for Father Conefrey, whose letter was read by Deputy Ben Maguire, I do think that the gentlemen who were brought up for interfering with that particular meeting were only bound to the peace and Deputy MacDermot has pointed out the fact that that was the way they have been dealt with. They elected to go to jail themselves. I do not think it is fair to make a complaint of people being sent to jail when they, in effect, are their own jailers. There is something in what Deputy MacDermot said about that particular area, but there has been very little disturbance in that area so far. I have no intention whatsoever, so far as it comes before me, of tolerating interference with public meetings in any part of the country, and the question of whether cases should come before the Military Tribunal or not is one that is subject to a number of considerations. I shall bear in mind exactly what the Deputy has said.

There is one other thing that I should like to refer to before I conclude. The late Tom Kettle said, on one occasion, that in this country there was too much freedom of language and too little freedom of speech. I appeal to the Opposition, as I have done on previous occasions, that they have certain people who appear on their platforms and who use extremely provocative language. They have decorated the streets and other places with very provocative signs, and we had even a Deputy in this House who made a speech in Enniscorthy, which I think is a disgrace, in which he referred to the President as "Public Enemy No. 1." With regard to such remarks, I think, as Balfour said on one occasion, that there are some things that flesh and blood cannot stand; and I say with all seriousness, that there is no attempt made by a number of people on the Opposition side to moderate their language. I do not want to stress this too much because I do not want what I say to be used as an excuse for violence at public meetings, but I do think that a little moderation by the Opposition at public meetings would be very helpful in preserving order at some of these meetings.

Two points arise out of the debate to-day on which I should like to touch. Deputy Ben Maguire suggested that certain instructions should be given to our followers as to their conduct in going to and coming from meetings. I offer to collaborate with Deputy Ben Maguire in writing a booklet on the subject and in endeavouring to get it adopted by both of the big Parties in this House. I offer co-operation of that kind to the Attorney-General also in writing a little booklet on the things that members of the front benches as well as the back benches of both Parties may call one another, and I shall endeavour to get that put into operation in the House, because when the Attorney-General talks to us about what is said from our platforms in a personal way of members of his Party, he talks from benches that have provided this country with two, or perhaps three types of Ministers—the Minister for spits, another Minister for curses and two or three Ministers for threats.

The Attorney-General

The Deputy knows that I condemn that kind of thing from any platform.

That is why I am willing to collaborate with the Attorney-General in getting some agreement as to the social and Christian amenities that ought to be preserved at public meetings. The Attorney-General spoke of the attendance at sheriffs' sales, and he spoke about his toleration. What we want to see in this country is the naked law. Let us see what it is. We can only see the naked law when it is put into operation in an impartial way. Let us have it put into operation anyway, even if it is put into operation in a partial way, because if the law is put into operation in a partial way, we will, at any rate, see what the law is, and this country is not going to stand the partial application of the law. When he has his grievances as an Attorney-General and refers to the attendance of crowds at sheriffs' sales, we would like him to turn aside and consider the legality of the position and what the remedy is for that crowding around these sales.

I wish particularly to deal with some of the questions which I raised in moving that this Estimate be referred back and arising out of what has been said by the Attorney-General and Deputy Keyes with regard to Limerick. Deputy Keyes resents the repetition from time to time of statements of what has occurred in a disorderly way in his City of Limerick. He says that the things that happened there are going to be magnified and that the fair name of the city is going to suffer. There is nothing going to help Deputy Keyes or any other Deputy interested in the fair name or in decent conditions in the City of Limerick but facing the truth. He considers that the police of Limerick have been absolutely impartial for many years. I do not question their impartiality, but I do question the intelligence and the success of the methods they employ to carry out their duties.

I happened to be in Limerick on the night of the dance at the Lyric Hall. I was not speaking at the meeting Deputy Cosgrave addressed when his meeting, and he and his party proceeding from the hotel to the platform at the O'Connell Monument, were so viciously attacked last year. The dance was taking place at a late hour —11 o'clock at night—because some parts of the hall were being occupied previously. I arrived about three hours before the dance was due to begin—at five minutes or ten minutes past eight and at that time, small groups of people had begun to loiter in the neighbourhood of the Lyric Hall and within 50 yards of it. The very fact that small groups had begun to loiter there drew greater crowds and by 9.30 or 10 o'clock there were appreciable crowds there. They were divided around certain particular corners. There were three corners within 50 yards of the hall. There was another corner within 100 yards and at the end of Glentworth Street and a few streets running parallel into O'Connell Street. All these had their crowds of people around them, but the main cause of the collection of people at these centres from 10 o'clock to 11 o'clock was the fact that people were allowed to loiter in the earlier part of the night and to gather in crowds there and the people who gathered in groups there were the people who were intent on creating a disturbance.

Deputy Keyes speaks of the neighbourhood of the Lyric Hall being one of the thoroughfares of the city. The Lyric Hall is 150 or 200 yards up a street running at right angles to O'Connell Street and in no sense is it a promenade and in no sense do the ordinary citizens use it as a thoroughfare. Any collection of people loitering in groups around there were definitely there unnecessarily and an attitude by the police of not allowing people to loiter at these places in the early part of the night would not only have prevented the congregation of people around the hall, but would have prevented the attraction of people who gathered at the other end of the street, so that there is no question of asking people to sweep anyone off the streets of Limerick, as is the interpretation put by Deputy Keyes on some of the remarks made by myself and Deputy Bennett.

What is wrong in the City of Limerick is that the whole approach to these things is unscientific and unsound on the part of the police authorities, because long before the dance was due to commence and due entirely to the fact that people were allowed to loiter in groups, the singing and shouting started and so far as can be said here, the Party cries and the songs that were raised there were the Party cries and the songs of the Minister's Party. Deputy Keyes thinks it is a reflection on the police for Deputy Bennett to say that it was only after the police were themselves attacked that they intervened. So far as I recollect from the reports of the matter which appeared in the Press, they intervened, I think the time was given about five minutes past 12 o'clock when a member of the Gárda had been struck by a bottle. Then there was a baton charge. I stated here in an intervention that the baton charge or the striking of anybody in Limerick would have been absolutely unnecessary if the proper tactical action had been taken by the police in the beginning. There was a very great miscalculation as to what was likely to arise in Limerick and there ought to be no reason for it. The same mistake seems to be made by the police every time in Limerick.

I said that I was present at the meeting held by Deputy Cosgrave last year. I arrived about an hour before the meeting began and already at that time, outside the hotel where Deputy Cosgrave was, there was a large hostile crowd allowed to congregate on the far side of the street. It was necessary, when Deputy Cosgrave and his party were leaving the hotel to go to the platform in O'Connell Street, to move that crowd and immediately broken bottles and many other missiles were thrown. The Minister has already had occasion to hear of the physical injury that was done to members of the band and the party escorting Deputy Cosgrave to the platform. If it were necessary to move the crowd out of that position to enable Deputy Cosgrave and his party to leave the hotel and to go to the platform, the crowd ought never have been allowed to get into that position and there was no reason at all why the people should not have been prevented from loitering in a position like that if the Gárdaí had taken up the attitude that loitering in a particular place and the collection of crowds in a particular place is likely to lead to disorder.

Then, I think, particularly in a place like Limerick, considering the experience the police there have had of the situation and the tendency of the crowd, there ought to be a definite plan by the police that in certain circumstances crowds should not be allowed to loiter in the neighbourhood of hotels or public platforms or dance halls under certain conditions. If the Attorney-General feels that he has difficulties with regard to the carrying out of sheriffs' sales in this matter, it is time that he took into consideration, at the same time, some of the things that have been happening for so long and about which nothing in a sensible way, from the point of view of tactics, has been done by the police. If we take the statements of the Attorney-General and the Minister at their face value— that they really desire to see ordered conditions at public meetings and freedom of public speech—what we have to conclude is that the police are completely wrong in their understanding of the psychology of the crowds in different areas, or that for one reason or another they do not want to do things right. I do not want to say that there is any partiality on the part of the police in Limerick, but certainly things are done wrong. There would be no necessity for the police to baton people after 12 o'clock on a Sunday morning in Limerick if they had been doing their duty in an intelligent way between 8 and 9 o'clock on the previous Saturday night.

The suggestion is that some of our own people are responsible for it. On the following day I passed through O'Connell Street, Limerick, when Deputy Keyes and some of his colleagues were holding an antiFascist meeting. They were holding a meeting to protest, in perhaps a different tone, but in the same spirit as Deputy Ben Maguire spoke here this morning, that the United Ireland Party are responsible for disorders in the country and must be put down. They were preaching there to the people of Limerick in strong language, of the terrible disasters and the terrible losses that would occur to decent trade unionists in this country if the United Ireland Party were allowed to develop upon the lines along which it was developing. Was there a question asked at their meeting? The meeting was as quiet and orderly as if it were a meeting of the Salvation Army and, indeed, until one came close to it one would have thought it was a Salvation Army meeting. Therefore, the people who are being attacked in this particular way by the people who raise Fianna Fáil cries are the people who, for their part, allowed the fiercest of their opponents and the most slanderous of their criticisers to come out the following day on the streets of Limerick and address a meeting under such conditions as would lead one to believe that it was a meeting of the Salvation Army. The Attorney-General, the Minister for Justice and the police have certain views apparently on this matter and they can act sometimes in a right and proper way. I read in this morning's paper that pickets or groups of people were not allowed to assemble outside a meeting of, I think, the Irish Postal Workers' Union, which union was holding a meeting to discuss their own particular matters in the City yesterday. If the principles of the Minister and the Attorney-General can be put into practice in connection with a meeting of a trade union like that— and in my opinion, properly put into action—I do not see why they should have any difficulty in getting their principles put into practice in other directions.

In dealing with the matters which I raised when I asked that this motion be referred back for consideration the Minister certainly made a very extraordinary speech. He made such a speech that I am driven to conclude that he has no interest in the statements which are made here, and that he has no interest in the condition of affairs which exists either for people who are not in the Gárda Síochána, or for people who are responsible for carrying on the work of the Gárda Síochána. He says that I have endeavoured to be original and to exaggerate certain things. He said that I had been deliberately exaggerating certain incidents for political purposes rather than for anything else. He takes me to task in connection with the Cork incident which I spoke about. He said:—

"The Deputy need not worry himself that any incident like that is a matter that has been neglected. All that matter is the subject of inquiry."

The Minister was speaking on the 9th May. The matter I had raised was the case of a man named Murray in Cork whose house was, in January, 1933, made the subject of an armed raid by people who tried to murder him. He was then put under police protection. He had two uniformed members of the Guards, and one member of the special lately recruited branch, as a guard around his house. Under those circumstances in the same month of January his house was entered by armed persons who fired shots, and wounded a man inside, a friend of Murray's. The event I complain about is that on 7th April the type of police protection he was getting was such that one of the police on duty on that night proposed to go up and shoot him.

The Minister implies that it is an impertinence on our part to discuss those things, and that the matter is the subject of an inquiry. I want to assure the Minister that I am not in the least bit concerned about any political propaganda which may be made as a result of speaking about this matter. I am concerned that persons who live under the conditions under which young Murray lives in relation to his political opponents, and who because of those conditions are considered by the Gárda Síochána authorities to require police protection, should be given that protection in a way that will be sympathetic, effective, unostentatious and as little burdensome as possible to the people themselves and to their families. What I ask the Minister is what he is going to do when the Gárda authorities in the City of Cork, knowing as they must know all the circumstances of this particular case, select a personnel of such a kind for the protection of that man that even after an attempt has been made on his life when under police protection he is able to, as it were, wake up in his bedroom one night to realise that one of the men who were on guard over him wanted to come upstairs and shoot him; that he was actually trying to come upstairs with a revolver in his hand and was being prevented by another member of the Guards. Surely there is no conception on the part of the Gárda authorities in Cork as to the duty that lies on them to make things as easy as possible for persons who live under the conditions of aggression and antagonism which young Murray lives under. We have had no word from the Minister as to what he thinks about the existence of such a state of affairs, or what he is going to do about it. We have had nothing but the suggestion that it is an impertinence on our part to refer to it here, and that he is looking after the matter.

I move to report progress.

Progress reported, Committee to sit again on Tuesday next.
The Dáil adjourned at 2 p.m. until 3 p.m. on Tuesday next, 22nd May.
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