asked the Minister for Justice if his attention has been called to a newspaper report to the effect that a lady connected with the organisation of recent public protests against the Government turnover tax was warned by two Garda officers that she would be arrested if she watched or besetted the Taoiseach's house in any way; whether or not any such threat was made at the direction or with the knowledge of any member of the Government; if he will agree that it is most undesirable that the impression should be created, by Garda activity of the type reported, that official action will be taken to discourage opposition to Government policies; and if, in the circumstances, he will make it quite clear that any person is entitled, by all lawful means, to express and to organise opposition to the turnover tax or any other aspect of Government policy without interference from the Gardaí or any other State authority.
Ceisteanna—Questions. Oral Answers. - Turnover Tax Protests: Garda Warning.
The report is incorrect. No question of an arrest arose at any time.
It is, however, the standard practice of the Garda Síochána when they find that a person is doing or appears to be likely to do something contrary to law, especially something which that person may not know to be contrary to law, to warn him or her of the relevant legal provisions and of the likelihood of a prosecution, should he or she persist. That was done in this case. The attention of the lady concerned was drawn to the fact that, in certain conditions, it is a criminal offence to watch or beset a premises; that it appeared from newspaper reports that there was some question of her and others preparing to do that; and that if that were done those concerned would be prosecuted.
Since the warning was entirely directed against actions that are criminal offences, no question of interference with lawful means or methods of protest arose or could arise.
Would the Minister indicate when last the Garda authorities operated in this fashion in relation to any citizen of this State who was ventilating a grievance felt by that citizen? When last was a warning of this kind given?
It happens frequently from time to time and to my knowledge, it happened on quite a number of occasions in the past 12 months. The Garda often warn people that what they are about to do would be a breach of the law and they go on to advise them of the consequences if they did so.
Would the Minister indicate in what way a threatened breach of the law was committed?
Watching or besetting premises.
Would the Minister tell us in what way the action of a lady who proposed to communicate information to the head of the Government could in any way be regarded as watching or besetting?
The police were satisfied from the reports they had of the action about to be taken that a criminal offence was about to be committed and they took a very sensible and wise precaution of warning the person concerned that if this conduct were persisted in a prosecution would follow. I do not think any Deputy should be anxious to bring about a situation where any crowd of crackpots——
Any what?
——who wish to do so should be able to beset any Deputy in his private house.
The Minister, as usual, goes a little too far. Is the Minister aware that it is specifically provided under the law that if a person wishes to communicate information, he is not and cannot be accused of the offence of watching or besetting; and is the Minister not aware that the action of the Garda in this particular case could fairly be regarded as an effort to intimidate a citizen against taking an action which may well be——
The action of the Garda Síochána was nothing of the sort. They interviewed the person in question in a most friendly and courteous fashion, informed her what the situation was and told her of the consequences of her pursuing this course of action. For the record, the lady in question assured the Garda Síochána that the action which was reported in the newspapers as about to be taken was without foundation and that she herself would deplore such conduct and would, like any other law-abiding citizen, avail of the ordinary means of communication with a member of the Government.
She is quite entitled to go to the Taoiseach's house or anybody else's house.
No, she is not.
You did not seem to think so when you had four women chasing Mr. Cosgrave.
You sent out the officers to intimidate the women.
A crowd of people came in here and threatened me if I voted a certain way and there is evidence of it. Another crowd beset my house——
Inspired by Fine Gael.
Run away and tell a policeman about it. Get the Garda to protect you.
I do not need protection against anyone.
It has been declared over there that it is not the responsibility of the Government——
I told them I did not want protection.
I suggest the standard of behaviour in the House is again deteriorating, particularly in view of the fact that there are some important people in the Public Gallery. It is deplorable.
I was beset several times.
The Deputy will please resume his seat. I have called Question No. 138.
The Deputies opposite——
If the next question has been called, surely it is not in order for the Minister to continue to deal with this particular question?
Deputy O'Higgins regards himself as the only person with the right to do anything in this House.