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Dáil Éireann díospóireacht -
Thursday, 20 Apr 1939

Vol. 75 No. 6

Ceisteanna—Questions. Oral Answers. - British Judge's Declaration.

asked the Minister for External Affairs whether his attention was called to the declaration of a British judge at the Old Bailey on the 3rd instant that the men who took part in the war of independence in this country prior to 1922 were members of a murder gang; whether he has made any representations to the British Government regarding the declaration; and, if so, what was their nature, or, if not, if he intends doing so.

The statement made by the judge was brought to my attention. Representations were immediately made to the British Government through the High Commissioner.

Would the Minister say, Sir, whether any reply has been received from the British Government on the subject?

I think the Deputy knows the situation in regard to judges in Britain as here. The Executive has no control, and action in regard to judges would have to be taken through Parliament.

Arising out of the Minister's reply, is he aware of the fact that the trial judge in this was crown prosecutor at British courtsmartial in this country prior to 1922, and has he pointed out to the British Government that a trial by a judge who held such an appointment was an unfair trial, so far as an Irish citizen is concerned?

I can only say that representations were made pointing out the nature of the affair and, as far as attitude is concerned, I can only assure the Deputy that my attitude and the attitude of the Government is like his in the matter — that we regard the remarks by the judge as insulting and grossly partial.

I am glad to hear the Minister say that, but in view of the fact that the trial judge apparently chose to mobilise his bitterness and violence against an Irish citizen in this trial, will he make representations to the British Government that the trial was an unfair one, and never could have been fair in the circumstances, and will he ask that those who have been sentenced by this biased judge will be released at once?

That is a separate question.

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