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Dáil Éireann díospóireacht -
Wednesday, 16 Mar 1966

Vol. 221 No. 11

Adjournment Debate. - Interference with Journalists.

I raise this matter on the Adjournment in view of the unsatisfactory answer I got from the Minister today to Question No. 35. I want to say straight away that I do not think there is anything sinister about the manner in which the Minister replied to the question. I am quite sure he answered it in accordance with the information made available to him. However, I suggest that some valid and vital information might not have been made available to him in this connection. Therefore, I propose to recapitulate and to convey to the Minister the facts of the matter as I see them, as the journalists concerned see them and as the trade union catering for the journalists, the National Union of Journalists, see them as well. Very briefly—I do not want to bore the Minister or the House—the facts are as follows.

The Chief Reporter of the Cork Examiner and the staff reporter of Radio Éireann were informed on 17th of last month that this object had appeared on the strand at Ballycotton. In accordance with their duties, they were expected to proceed there and report on the situation. They did not go by stealth but went quite publicly. They left Cork about 6.30 a.m. and arrived in Ballycotton village some minutes after 7 a.m. while it was still dark, and naturally they parked their car outside the Garda barracks where there appeared to be a great deal of activity. The whole place was lighted up and there appeared to be great comings and goings of military as well as Garda personnel. They had taken the precaution of displaying the Press disc on their windscreen to indicate to any responsible person that they were there on behalf of the Press and that they were not just inquisitive people about other business; in other words, they made it quite clear that they were representing the Cork Examiner and the reporting staff of Radio Éireann. Both of them must have been well known to the officer in charge of the Army personnel there and to the gardaí as well.

They proceeded about their lawful business, and the car was inspected by a member of the Garda Síochána. He came over, looked at the car and saw the disc on the windscreen. An Army officer came over as well. When the Army personnel moved off in a certain direction, naturally the journalists, in pursuit of their duties, moved in that direction also. At no stage, even when the Army officer in charge bade them good-morning, did either the officer of the Army or the sergeant of the gardaí say: "You are not entitled to go down there and photograph this or make any report on it."

That is in strong contrast to the reply which the National Union of Journalists have received from the OC of the Southern Command who in the course of his letter to the secretary, in which he does apologise—I freely acknowledge that—says it was unfortunate that on arrival at Ballycotton the man involved did not speak to the officer in charge of security whom he saw at the Garda station, as, had he done so, the OC felt, he would have received full cooperation and advice from that officer.

I am suggesting to the Minister that that excuse is a bit thin. It is now being sought to put the blame on these journalists who were going about their lawful business, who were easily identifiable because of the disc on their car and who were identifiable because they are well-known journalists. It is being suggested that they should have said: "Please, sir, may we go down to the beach to see and photograph the object that is down there?"

It is my belief that it was an error of judgment in the first case on the part of the Army but that the Minister and his Department are now hiding behind the unfortunate corporal who carried out the physical assault on the two journalists concerned. It is quite clear that it is now being thrown back into the laps of the corporal and the private who was with him and who ran down from the cliffs and physically assaulted the journalists concerned. I am suggesting to the Minister that this Operation Ballycotton was carried out by the officers of the Southern Command in a very stupid and ignorant fashion and that they are not entitled to throw the whole blame on the unfortunate corporal there.

In this connection, I should like to know from the Minister, in any such emergency or alleged emergency, where does the Army take over from the gardaí; in other words, where does the military authority take over from the civil authority? It is quite clear that in the hours before the arrival of the journalists in Ballycotton there were high ranking officers from both the Garda and the Department of Defence in deep conclave in the barracks at Ballycotton. Any ordinary citizen, be he a journalist or otherwise, is entitled to know where the jurisdiction of the Garda ends and where the jurisdiction of the Army commences? Do not forget that it was said by a member of the Defence Forces to a civilian going about his lawful duties: "Regard yourself as being under arrest by the Army." That civilian was placed under arrest and it was only after some time that some officer came, apologised and released him from custody.

Everybody in this House, including the Minister, will agree, I think, that the Press have been a most loyal and most beneficial influence in the founding of any democracy. The only reason I raise this matter on the Adjournment is that I do not think there was anything particularly sinister about it but that I feel that even the slightest intervention by any State service, be they Garda or the Department of Defence, must be immediately nailed and it must be clearly stated that that kind of thing happens not to be the policy of our democratic Government.

It is no use saying, as I think the Minister endeavoured to convey to me today, that this was an unfortunate incident in which an unfortunate corporal made an error of judgment. That is not good enough, for the simple reason that it is not true. The corporal and the private were placed in charge of a certain area and they were told that unauthorised people should not intervene and there should be no question of unauthorised people taking photographs of the object on the beach. The chief photographer of the Cork Examiner and the staff reporter of Radio Éireann parked their car outside the Garda barracks, which was fully lighted up; they were seen; they were recognised. They were seen by the Army officers and by the Garda Síochána. They had a label on the windscreen indicating that they were “Press.” Those who saw them must have known why they were in Ballycotton; they were not there for the sake of a swim at seven o'clock in the morning. They must have known these men were going about their lawful business and nobody indicated at any time that they should not proceed to the beach.

My suggestion is that the whole thing was messed up by the officers who were sent out there in charge of the particular operation. I freely admit that has been admitted by the OC Southern Command, with this reservation: "It is unfortunate that on arrival in Ballycotton... did not speak to the officer in charge of security whom he saw near the Garda station". If the journalist and photographer were seen by the officer, surely the officer was equally seen by the journalist and the photographer and, unless he happened to be particularly dimwitted, he must have suspected what they were there for. It is a bit thick, to say the least of it, for the OC Southern Command to say the whole matter arose because the journalist did not approach the Army officer. If the officers concerned had made up their mind that not alone the public but journalists should not approach the beach it was their duty to warn them. They gave no warning and so these two men went along to do their lawful work, in the course of which they were physically assaulted.

I do not know if all the facts I am relating have been brought to the attention of the Minister and, while I appreciate that the Minister and the Army authorities have apologised to the journalists, the apology is not good enough if they seek to lay the blame for the whole thing on the unfortunate corporal. The blame rests with the officers in charge and I would like the Minister to note that.

In a supplementary question today Deputy Mullen raised another aspect. With your permission, Sir, I should like to leave the few minutes left to Deputy Mullen to comment.

If the Deputy is referring to remarks made by Deputy Mullen concerning an article written by an officer subsequently, then that does not arise because it was not incorporated in the question and it is, therefore, outside the ambit of the debate.

It was quite a valid supplementary. It was allowed.

I informed Deputy Mullen that it did not arise. The Deputy is entitled to refer to the question and answer but anything not contained in the question and answer does not arise.

One of the matters referred to was the importance of relations between the Army and the Press. That being so, we cannot over-emphasise that this is, to all intents and purposes, a democracy and, that being so, we must be extremely careful to ensure people do not take upon themselves decisions they are not entitled to make. My understanding is that there was no question of a state of emergency, for example, being declared. I make complaint with regard to the manner in which Army personnel behaved on that occasion. This cannot be attributed to the rank and file because they were acting only on instructions given by the Higher Command. I question the manner in which the Army authorities decided to handle this situation. This cannot be flipped off by way of apology to the journalists and their organisation. This calls for a reprimand of those who exercised this authority. They should be reprimanded for the way in which they handled this situation. Again it goes further. I am just wondering to what extent the Army has got control over the members of the Army. There is no doubt that representations were made and that during the course of the investigation of these representations, action was taken by an Army officer who was aware of these representations.

There is no evidence of that.

It can be found in the fact that this man adopts the role of a free-lance journalist and decides to make comment on something that is being investigated by the Army.

That does not arise. The Minister now has ten minutes in which to conclude.

Now that this has been brought to the Minister's attention and knowing that the Army was investigating the matter surely the Minister would set out to ascertain why a stand was taken by any member of the Army while this matter was being investigated. Nobody is entitled to do that. I earnestly entreat the Minister to get after this. No man, whether in the Army or otherwise, is entitled to interfere with an Army investigation. He cannot use his position as an Army officer to write in a newspaper, in an anonymous fashion, on an investigation that is under way.

I am now calling on the Minister to conclude.

In my view, the Army itself is fundamentally the basis upon which democracy is founded and the Army is certainly the safeguard the people have that democracy shall prevail.

Arising out of this incident in which a particular photographer was prevented from taking a photograph in Ballycotton on the date mentioned by Deputy Casey, the question that arose out of it today and the previous questions and the contribution that has just been made by Deputy Casey, I gave a very adequate answer to the question today. I explained the situation fully, as far as I possibly could. I indicated to the House that we regretted the incident and that we had apologised to the various interests concerned in this matter.

Deputy Casey makes much of the point that the military officer in charge did not stop the two news-papermen—we will call them that: it is a shorter way of identifying them than to describe them individually— and ask them what they were doing and tell them what they could or could not do. But, in my view, and from my experience of dealing with newsmen, they are the people who ask the questions. When they want information, they ask for it: it is their job to seek it.

These two men, when they arrived in Ballycotton, had a sticker on their motor car and it was easy to identify them. Probably the military officer knew them: I do not know whether or not he did. However, he was quite within his rights in waiting to be asked. As far as I can see, if newsmen want information it is usual for them to look for it. As far as the Army is concerned, I feel that at all times the military authorities, the local commanding officers and the Department of Defence, do not try to avoid giving news to a newsman when he wants it. The Department go as far as they possibly can, within the limits of security or whatever other reasons they might have for witholding certain particular classes of news. In so far as this particular incident is concerned, the kernel of the matter is where the newsmen were stopped. They were stopped by a corporal down on the beach.

Assaulted.

He did not see the car. The corporal asked the photographer not to take a photograph. The photographer persisted and then the incident occurred.

He was struck first.

It is generally admitted by all concerned that the actual physical strike on the person by the corporal was an accident rather than a deliberate assault.

It was not.

I think it was. He tried to stop the man from taking the photograph. He tried to snatch the camera and——

Was the man liable to be arrested?

These matters can be discussed elsewhere.

The Minister should know. Had he authority to arrest the man?

This object came in on the beach. It could have been a highly dangerous object.

It could have come from Mars.

It could have been an explosive of a very delicate nature. The indicator pointed to "Arm". It was known that it was not safe to let anybody near it until the indicator was moved to "Disarm". If the photographer went down to the beach and this object was, in fact, an explosive and he was killed, then the same two Deputies would be in here now asking why the military authorities had not taken adequate steps to protect the public. I think that the security guard was adequately ordered and adequately instructed and that the corporal was carrying out the instruction he got from his commanding officer to prevent a photograph being taken of this object. He may have become too concerned about whether he would take physical action to prevent the photograph from being taken——

Do not blame the poor corporal.

In the last analysis, these things have to be left to the man on the spot, to the military commander and to the soldier who is instructed to prevent action of this sort from being taken by individuals. To safeguard life and to prevent damage to property is the first consideration of the officer in charge of the party and of the men who are there under orders.

Why did they not say that?

It must be appreciated that it is necessary to keep unauthorised persons away and at a safe distance from objects of this nature when they drift in on our shores. The people who create the most difficulty for security guards in matters of this nature are photographers—I am not saying Press photographers—and souvenir hunters.

They were not there. They were not told.

There was ample opportunity to tell them they should not go down on the beach but they were not told.

As Minister for Defence, I am prepared to leave it to the military commander on the spot to carry out the general instructions and to decide the manner in which he is prepared to handle any situation that develops in a matter of this kind. It has to be determined by the military on the spot and in the light of the attitude of the other people who are coming along as sightseers——

At 7 a.m.?

You can get sightseers at 7 o'clock in the morning. You had them in O'Connell Street at 3.30 the other morning.

And what happened? The Army made a mess of it.

In so far as any taking over from the civil authority is concerned, traditionally, our Army have accepted the responsibility of dealing with mines and other objects washed ashore. We should be failing in our duty if we did not take the necessary steps to deal with these matters in a proper way and utilise the technical knowledge the military have for dealing with mines and other objects that come in.

The public, and particularly the Press, should be informed of that situation.

Representatives of the Press who perform their duties properly have never received anything but the greatest courtesy from the Army authorities.

The Dáil adjourned at 5.30 p.m. until 3 p.m. on Tuesday, 22nd March, 1966.

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