I have already given notice of my intention to ask the Taoiseach if he will make a statement to Dáil Éireann in the light of the Government's decision to provide Military Courts.
Private Notice Question: - Military Courts.
The Government have been advised by the Garda Authorities that, notwithstanding the widespread public condemnation of the acts of violence on the Border and the emphatic repudiation of those who supported them at the recent General Election, confidential information and observations indicate that further acts of the same character may be perpetrated. The Government are determined to do everything in their power to bring this campaign of violence to an end and as existing measures have not yet succeeded in this purpose have decided that it is now necessary to strengthen them.
The Government regard the step of bringing persons for trial by a special Criminal Court instead of by the ordinary courts as justified only in grave circumstances. It is their judgment however that these circumstances now exist. The bringing of offenders of this character for trial before the District Court does not permit of sentences being imposed appropriate to the gravity of the offences and may have occasioned some misunderstanding amongst those concerned with them as to the seriousness with which the Government view the position and their determination to deal with it. Because the persons concerned have constantly displayed their contempt for the fundamental principles of democracy, it would be undesirable to rely on trial by jury which might expose jurymen and witnesses to the danger of intimidation.
The partition of our country is a grave injustice which is deeply resented by the great majority of Irishmen. One unhappy consequence is that a few of them are foolishly resorting to violence, a course which the Government have repeatedly condemned as conducive to the perpetuation instead of the abolition of the Border as indeed must now be obvious to everyone.
The measures taken so far have reduced the number of these illegal activities but although only a small number of persons are engaged in them they necessitate keeping a large force of Gardaí constantly on the alert. There are over 600 Gardaí engaged whole-time on duties in connection with these activities at a cost of the order of £400,000 per annum and there are over 250 on special duty in Border counties. Everything possible has been done up to now within the normal means to suppress this campaign of violence and it is because it is in the national interest to bring it speedily to an end that the Government have taken the step of filling the vacancies in the Special Criminal Court so that it may function again.
The only cases which will be brought before the Court will be those arising from this armed conspiracy of violence.
I hope that the special measures which the Government have now authorised will be effective in dealing with the situation but if they do not prove to be so, the Government will not hesitate to take still further steps.
May I be permitted to say in that connection that we note with satisfaction that the Taoiseach fully appreciates the gravity of the decision of suspending the operation of the ordinary civil Criminal Court but, if he informs the House that it is the judgment of the Government, in the light of confidential information available only to them, that this step is necessary to put an end to what I think he properly describes as an armed conspiracy of violence which gravely conflicts with the fundamental national interest, then we are not prepared to demur from that decision though we trust the Government will keep constantly in mind the desirability of restoring at the earliest possible opportunity the ordinary operation of the criminal law and will take the earliest opportunity of advising us of what procedures the Government now regard as essential in the operation of these courts.
Is it a fact that the powers of the Special Criminal Court which the Taoiseach has reconstituted and which is composed of Army officers are greater than those of High Court judges, although these Army officers—and I say this in no sense of personal criticism—have little or no knowledge of the processes of the law? Does the Taoiseach, by his admission of having to reconstitute a Special Criminal Court, now suggest that he has no confidence in the sense of maturity and responsibility of the Irish people to see that justice is done irrespective of any type of intimidation which the Taoiseach may now allege will be used against members of a jury?
I should like to ask the Taoiseach in connection with the visit to him of the British representative, did he ask the British representative to take the British Army out of the Six Counties? Then there would be no reason for this legislation, simply because we Irish, whether north or south will, and can, get on together and it will not be necessary for one section of the Irish people to introduce legislation of this kind against Irishmen.
Do we take it from the Taoiseach's statement that he and the Government are satisfied that the ordinary courts are now inadequate to deal with the situation which he describes? Can the Taoiseach give us any guarantee that those who will be brought before the Special Criminal Court will get as fair and impartial a trial as before the ordinary civil courts?
The Special Criminal Court has, as I understand it, the same powers as the Central Criminal Court and the procedure there will be exactly the same as in the Central Criminal Court. There will be the same right of appeal to the Court of Criminal Appeal.
And the rules of evidence will be the same also?
The rules are the same. As regards Deputy Barren's point, I think it is necessary to emphasise that this campaign of violence on the Border is fundamentally a denial of the democratic right of the Irish people to determine national policy. The people have in the most emphatic way expressed disapproval of this campaign and those who support it. It is also a challenge to the authority of the Government as well as to the moral law. Any Government that did not take measures to protect the people's democratic rights would not be worthy of the name.
Surely the Taoiseach would agree with me that these tragic events flow from the state of frustration and disillusionment of our youth today at the failure of our Government to take steps to end Partition——
That is an argument and not a supplementary question.
We can be a sore thumb at U.N.O. on every other subject except Partition and is it any wonder that these tragic events take place——
You are a professional agitator.
Deputy McQuillan will please sit down.
Does the Taoiseach now intend to take Partition to the United Nations?
Professional agitator.
You are a professional chancer.
What about "Hallo, Frank" and "Open the door" and that time when the Minister for External Affairs was telling them it was right?
We know whose example they are following.