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Dáil Éireann díospóireacht -
Wednesday, 10 Jul 1935

Vol. 58 No. 2

Committee on Finance. - Vote No. 26.—Law Charges. (Resumed).

Unfortunately, in dealing with this subject to-night I have not had an opportunity of getting the official report of the inspired words of the late Minister for Justice. For that reason it has seemed almost unbelievable to a considerable number of members of the House that Deputy Fitzgerald-Kenney could have said some of the things which I have suggested he has said. I want the House to remember that Deputy Fitzgerald-Kenney, for a period of two or three years, held in this House the position of Minister for Justice; that in that capacity he was responsible for the administration of justice and had a very special obligation to do those things and to abstain from doing those things the contrary of which would have brought justice into disrepute. There is no man in this House upon whom there lay a higher obligation to weigh every single word he said and every act he did or abstained from doing in the balance as to whether or not that act or that word would contribute to the maintenance of justice in this country and respect for the law. I say that on that Deputy lay a very special obligation to see that everything that in him lay should be done for the purpose of maintaining respect for law as law.

Very specially that obligation lay on him in relation to seeing that the officers of the law in the carrying out of their functions as officers of the law, the executive officers of the law, the Guards and people of that kind, in carrying out the orders of their superiors, should be respected. If there was one obligation upon him which was higher than that, it was an obligation to see that in relation to any case in which a man was accused or was likely to be accused before any court in this country, by no action of his should that case be prejudged. That obligation carries on from the time when he did fill the position of Minister for Justice to his present position as a responsible leader of even an irresponsible Opposition. I do not think there is any man in the House who will quarrel—I am perfectly sure the Deputy himself will not quarrel— with any single word I have said as defining his duty in the matter. I am now going to quote to the House one single sentence uttered by the Deputy, which will show that, in every single one of those characteristics, he was unfit to be Minister for Justice and is unfit now to be a responsible member of this House.

The fitness of the Deputy to be Minister for Justice does not arise. The Deputy being no longer Minister for Justice, his administration is not under review.

I am now going to quote what the Deputy said, and this is from "twopenny worth of law and order." There was a time when this paper used to be sold at what was then called Kingstown, by a man who used to say: "A pennyworth of law and order,""Latest sporting intelligence," Another landlord shot." That was the method in which it used to be sold. That is the paper which now I am going to quote—the Irish Times of Wednesday, July 10th—and this is what a man, who has a very special obligation in relation to regimenting the people of this country behind the law, in respect for the law, said in this House last night:

He went on to refer to what, he said, were brutalities charged against certain members of Colonel Broy's new recruits. Appalling brutalities— certainly one of them so indecent that he could not, under any circumstances, refer to it in the House—had been practised.

"Had been practised!" This is not a question of something which is alleged. The ex-Minister for Justice says they "had been practised." But let us hear the rest of it:

He was not going to go into that matter because the Attorney-General was not responsible for the Guards....

Though the Deputy knew that the Attorney-General was not responsible for the Guards, he deliberately dragged in the Guards for the purpose of making a general insinuation of that kind. He then went on further, and it would be very difficult to put in a single sentence more culpable material from the point of view of a Deputy in his position:

He was not going to go into that matter because the Attorney-General was not resposible for the Guards, and, secondly, because legal proceedings had been taken.

Because legal proceedings "had been taken" in relation to "appalling brutalities" which, according to the Deputy, "had been practised." If ever there was felon-setting, if ever there was work worthy of a crown prosecutor, if ever there was an action which was degrading and shameful to the profession to which he belongs and to the individual who disgraces it——

Peter the Packer.

The Deputy referred to brutalities which were charged against certain members of Colonel Broy's new recruits. He said: "Appalling brutalities—certainly one of them so indecent that he could not, under any circumstances, refer to it in the House." Was he referring to it in the House? It was so appalling that he could not refer to it in the House, and he said that these brutalities had been practised. He said he was not going to go into the matter. Why? First, because the Attorney-General was not responsible for these people, and, secondly, because legal proceedings had been taken against the men who, he in this House said, had, in fact, committed the offences of which they were accused. I move to report progress.

Progress reported, the Committee to sit again to-morrow.
The Dáil adjourned at 10.30 p.m. until 3 p.m. on Thursday, 11th July.
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