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Dáil Éireann díospóireacht -
Tuesday, 9 Nov 1971

Vol. 256 No. 8

Private Members' Business. - Conduct of Member of Government: Motion.

I move:

That Dáil Éireann having regard to the manner in which Mr. J. Gibbons, now Minister for Agriculture and Fisheries, misled the Dáil on 8th May, 1970, when he was Minister for Defence, is of opinion that his conduct was unworthy of a member of the Government and of a member of Dáil Éireann.

In moving this motion I should like to make it clear at the outset that I have no personal feeling whatever concerning the Minister for Agriculture and Fisheries. In fact, the character of the Minister for Agriculture and Fisheries is not the issue in this motion. It might be said that the duty of moving this motion is a responsibility I must discharge and which I shall do. The issue is whether the Minister, when he was Minister for Defence, on 8th May, 1970, accurately informed the Dáil and the country about certain events. The issue is whether his statement to the Dáil on that day stated accurately and fully the facts as he knew them or whether subsequent statements made by him in what is known as the Arms Trial in October, 1970, differed from the statements he made in the Dáil.

It is well-established practice and recognised procedure that a Minister in answering to the House and, through the House, to the country is obliged to state the facts and is not entitled to alter the form in which the facts are presented because of personal or political embarrassment. Therefore, this motion must be considered apart from the personality or character of the Minister concerned—the former Minister for Defence and present Minister for Agriculture—or, for that matter, the personalities of Ministers or Deputies involved in certain events of 18 months ago.

It is too facile to suggest that these events should be forgotten now. Of course, it would be pleasant for some —maybe for all of us—to do so if one were to ignore the fact that statements made at the time in the Dáil and subsequent statements, to which I will refer, conflict about certain events which had then happened.

Very briefly I shall recall to the Dáil certain statements contained in the Official Report dated 8th/9th May, 1970, Volume 246. At column 838, Deputy Gibbons, then Minister for Defence, intervened and said he wished to refer to certain statements that had been made and to clarify some points. He stated:

I have been informed that Mr. Patrick Kennedy, MP, in the course of a Radio Éireann interview, suggested that any participation by Captain James Kelly in an attempt to smuggle arms could only have been made with my knowledge and consent. I wish emphatically to deny any such knowledge or consent. I was aware, through the Director of Intelligence, that attempts to smuggle arms were a constant danger and these attempts were kept under surveillance at all times. I wish to say I discharged my duty to the full extent of my knowledge of the situation.

Later, at column 841, the Minister stated:

There was some reference to the training of civilians in Donegal. I want to point out the position of the Defence Forces in this regard. The Defence Forces train only members of their own ranks, whether they be FCA or Army or Naval personnel. That is the extent of their training. This story first got currency in the Protestant Telegraph. It is time that stories of this kind ceased.

I have nothing further to say on this matter. There were certain matters which I wanted to clarify for the House at this stage and I have done so.

In the course of the Arms Trial, in October, 1970, the Minister was asked a number of questions. I do not wish to delay the House in reading all of that evidence. Mr. McCarthy, one of the counsel, in the course of cross-examination quoted an extract from the Official Report of 8th May, 1970, and he said:

Deputy Ryan had also mentioned training which had been given in at least one camp to civilians. Mr. McCarthy said that Mr. Gibbons had interrupted Deputy Ryan to say "That is not true".

Mr. Gibbons: No.

Mr. McCarthy: They were not civilians?—They were fully attested members of the FCA.

Mr. McCarthy: You intervened expressly because of allegations of your own implication?—Yes.

Mr. McCarthy: And in the course of that did you say that there was some reference to the training of civilians in Donegal?—I wanted to point out that the Defence Forces trained only members of their own ranks.

Was that telling the whole truth, Mr. Gibbons?—This was a declaration that the people who were trained in Dunree were members of the FCA and were duly attested as such.

Do you think it was perhaps not telling the whole truth, that civilians from Derry, citizens of another State, were enrolled in the second line of the Defence Forces, the FCA, for the express purpose of training themselves to go back to Derry to defend themselves?—A great many of the members of our Defence Forces come, in fact, from the Six Counties.

Do any members of the FCA come from the Six Counties?—I was given to understand that people living in the Six Counties do.

Can you turn up an instance of it? —When I spoke to Colonel Hefferon about this at the time, his view was army recruits—and we were recruiting at that time—were not unduly quizzed as to where their origins were.

Mr. Gibbons said that in the case of the permanent Defence Force, it was quite a normal thing for Six County people to join the Army.

Does not that mean that this was a device to enable the Army to train them for the defence of the Bogside? —I admit that this was a device to enable Derrymen to join the FCA and to obtain training.

Do you think then that your reply to Deputy Ryan was not something of a half-truth?—I am suggesting that what Deputy Ryan said was inaccurate.

Would you accept that in this instance you had told the truth but only half the truth?—This was a Dáil debate.

It is your answer, Mr. Gibbons, that one is not bound to tell the truth in a Dáil debate?—This is a Dáil debate in which Deputy Ryan and his colleagues are seeking to demolish the Government and the Government party.

Did you ever tell Dáil Éireann that you had no concrete examples of attempts to import arms?—I don't think so.

Mr. McCarthy then quoted from the Dáil Reports an excerpt in which Mr. Gibbons had said: "I wish to emphatically deny any such knowledge of attempts to import arms. I was aware from the Director of Intelligence that attempts to smuggle arms were a constant danger..."

I would direct the attention of the House to a letter the Minister sent on 2nd April, 1971, to the Chairman of the Committee of Public Accounts. The House is aware that this committee were investigating the disappearance of certain funds. The letter stated:

On April 30th, 1970, I sent for Captain James Kelly who had submitted his resignation from the Army. I met him in my office in Leinster House. It then seemed clear to me that he had been an active agent in an attempt to import arms into this country.

Among other questions I asked him from what source the money for this operation came. He replied that it came from the fund for the relief of distress in Northern Ireland. This was the first intimation that I had received as to the source of the money. Up to that time I had no knowledge whatever as to the means of dispensation of this fund or to whom payments were made. I knew nothing whatever about it nor have any documents relating to it.

(Signed) James Gibbons.

Later a point was put to Deputy Gibbons in relation to the following quotation from the Taoiseach:

I do not think the House would expect nor could I give any more information about the disposal of Secret Service funds. However, I want to add that I made specific inquiries as to whether any money could have been devoted or could have been paid out of Exchequer funds or out of any public funds in respect of a consignment of arms of the size we have been dealing with and I am assured there was not nor could there have been.

This was on 14th May and the chairman put this to Deputy Gibbons:

Yet in the document you say——

Mr. Gibbons: I had been told by Captain Kelly.

I think that from the extracts I have read it is shown clearly there was a fundamental difference between the remarks which the Minister made in the course of his intervention in the debate on 8th May and his subsequent reply to cross-examination to certain questions put to him by counsel in the arms trial and subsequently confirmed in a letter from James Gibbons, T.D., Minister for Agriculture and Fisheries, Government Buildings, dated 2nd April, 1971, and addressed to the Chairman of the Committee of Public Accounts in which reference was made to the events I have read out in relation to 30th April.

This motion goes specifically to the issue of confidence in the discharge of his functions and responsibilities as a member of the Government, and the House will be aware that under the terms of Article 28, 4.2 of the Constitution:

The Government shall meet and act as a collective authority, and shall be collectively responsible for the Departments of State administered by the members of the Government.

This responsibility which the Minister discharged, according to the Taoiseach's own statement to the House, concerned two specific matters. One was the question of an attempt to import arms and the expenditure of money which subsequently the Minister stated had come from the fund for the relief of distress in Northern Ireland and the issue of training members of the FCA from Derry. I think it is abundantly clear from the facts I have disclosed in these two specific extracts that this goes not merely to the manner in which the Minister failed to inform the Dáil of the full facts of the situation but to the manner in which the Government collectively, and the Taoiseach as head of the Government, for a long period stood over the failure to inform the Dáil of the full facts.

I think the House will appreciate and the country must by now recognise that it is not sufficient to say this was a Dáil debate and that this failure to disclose was because Deputies on the Opposition side were endeavouring to bring down the Government. No one can have confidence in a Government or the individual members of a Government who behave in the way in which the members of this Government handled this whole question. This particular event and the other events which now have been the subject of discussion during a period of 18 months may seem of little account to Members when the question of whether a Government are supported by a majority or whether they cease to retain that majority is at issue. It has been argued that because of the manner in which this was presented to the House there was no obligation to tell the full facts. It has been long established and recognised as fundamental to a democracy that those elected to particular positions must in the discharge of the responsibilities imposed on them disclose all the information to the House and to the country. In this case, in his capacity as Minister, Deputy Gibbons failed to disclose the full facts. Subsequently, all these facts came to light either in the course of cross-examination or in the letter which the Minister sent to the Chairman of the Committee of Public Accounts.

I want to make it absolutely clear that in so far as this motion is concerned the personality of the Minister or of any of the other Ministers or of Deputies who were formerly colleagues does not enter into it. The question is whether the duties imposed by this House in electing certain individuals to Ministerial office were discharged, whether those Minister acted bona fide in telling the House the full facts or whether they sought to mislead the House by not disclosing all the information that was then available.

It has been suggested that this motion is one of confidence and that the risk inherent in an election might bring or would bring dangers to this country. It is well to recall that elections in this country were held in far more difficult circumstances and that the will of the people prevailed. It is better to have an election than to have a continuation of the present undisguised uncertainly in which, in order not to have political or personal embarrassment, anything that can be got away with is accepted as the appropriate standard.

They are not the standards that we believe to be in the national interest. They are not the standards that we believe, irrespective of political parties, the majority of the people expect from their elected representatives. Those who think otherwise are free to vote against this motion. We put down this motion because we are convinced that until we can get elected representatives to speak and to act in the same way it is impossible to have either trust or confidence in the Government or any member of the Government. On that basis, this motion is put to the House in the knowledge that those who wish to support it do so in the certain knowledge that it is a motion of no confidence in the manner in which the Minister himself has discharged his responsibilities, but more than that a motion of no confidence in the whole chaotic handling of national security in the last 18 months by the present Government.

I second the motion that has been moved by the leader of the Opposition. It is now a matter of general knowledge that this motion stems from the events which shocked this House and shocked this nation 18 months ago when it became apparent in May of 1970 that there was a suspicion, leading in fact to a conviction, on the part of the leader of the Government that members of the Government Party were actively engaged in events which could well have brought disaster to this nation. It can be appreciated how deeply concerned was everybody outside this House then. We know that, following those events, two members of the Government were requested by the Taoiseach to relinquish their offices and that another members, who is the subject of this motion, has been continued in office.

As Deputy Cosgrave has said, what is involved is not a personal vendetta against the present Minister for Agriculture and Fisheries or against anyone in the Government, but what is involved is a determination on the part of Deputies on the right of the Ceann Comhairle to assert here, even if it is 18 months later, that we insist on high and proper standards in high places.

Deputies

Hear, hear.

We will not remain silent and we will not be silenced if we suspect that inside the Government and the Government Party there are things being done that ought not to be done. As Minister for Defence, Deputy Gibbons had a high and noble responsibility—the holding of office under this House and under our Constitution as a Minister of State. Public honour is very valuable because it embodies public trust. Public honour means that, when one speaks on behalf of one's office, one's words must carry credibility because they are true. Once that trust disappears, this House ceases to be significant and democracy ceases to function. What is involved in this particular record—and I regret to have to describe it as a dismal record—is that Deputy Gibbons, as Minister for Defence, knowing well that among his colleagues something had taken place and was taking place that ought not to take place, was prepared, in answer to a parliamentary question from Deputy Ryan, to take chances with the truth and he told a half-truth. If that practice should continue, how is this House to function? As Deputies in Opposition, how are we to know when we table parliamentary questions to any member of that Government from now on that the reply will be the truth? How are we to be convinced and how are the people whom we represent to be convinced that, when a Minister stands up here and tells us something, he is giving the whole information available to him? Is the business of this Parliament and the important right of a Deputy to ask a question to be regarded, as Deputy Gibbons described it, as just one other effort by the Opposition to unseat the Government?

If that is what parliamentary activity is to be reduced to, our democracy is in serious danger. We know that this motion has been preceded by the most unparalleled activity on the part of Fianna Fáil Deputies. We know that there have been groupings, lobbying, pairing and hawking and doving all over the House. We know, too, that the nails on the fingers of two or three Deputies are bitten away to such an extent by anxiety that very little of them remains. But we would hope that men who have made much of themselves in talking about honesty and truth, men who have puffed themselves up in importance by attacking the policy of their own leader when they thought it was safe to do so, will now have the courage of their convictions. Will these men act and talk as they should, or will they be as silent as mice? Public honour is not significant and the national interest ceases to count if there is a possibility of causing perdition to the lot by the general election that the people require.

Sauve qui peut is a very low standard for those who profess ever to lead a country in honour. Here, I regret to say, are a Government Party consisting of many groups all concerned to wring the leadership from their leader. They are now face to face with the crunch involved in this motion and that can produce only one common feeling—a feeling of fear in relation to the people of the country if the people were asked to decide their political future. A party united by fear rules this country at a stage in our history when courage and dedication to the leadership of the nation are required urgently. Can we hope, even at this last moment, that some men will remain men and that the mice will cease to count?

It is necessary at this stage to remind the House that the motion before us is that I misled the Dáil on the 8th May, 1970. It is necessary to remind the House of this after the histrionics that we have heard from Deputy O'Higgins and after some of the puke of his leader, Deputy Cosgrave. By so misleading the House, as they allege, I, as Minister for Defence, became unworthy to be a member of the Government and a Member of Dáil Éireann. It is plain— and very plain—that the object of the mover of this motion is to secure, if possible, my retirement from public life. There have been times since May of last year when, for the sake of my family and myself and through sheer weariness occasioned by the court hearing, by the confidence debates and by the appearance before the Committee of Public Accounts and through the campaign of vilification and abuse hurled against me personally, I have been tempted not only to resign as a Minister but to leave Dáil Éireann and to return to my own people in Kilkenny.

What has made me resist this temptation in the past and what makes me resist the temptation now is the certainty that at no time I misled the House as alleged in this motion or at any time told lies because I would recognise that such conduct would, in fact, render me unworthy not only to be a Minister but to sit as a Deputy for Kilkenny in Dáil Éireann. If it could be shown to me that at any time I deliberately either misled the Dáil or told untruths I would have no hesitation in tendering my seal of office to the President and my letter of resignation to the Ceann Comhairle. This I can see would be the honourable and decent thing to do.

As of this moment, let me say that if any Deputy can demonstrate one piece of evidence that I either misled the Dáil or told untruths I am still prepared to adopt the course I have mentioned and to retire from the Dáil. I am confident, however, that no such decision will be required to be made by me as the material in this debate, like the material contained in other debates, consists of a repetition of innuendo and special pleadings that are unworthy of the men who make them. Anybody who listened to the contemptible contribution of Deputy Cosgrave would agree with me in that.

I am not going to rehash the various matters covered in the earlier debates except in so far as these matters may be coloured by subsequent events and conduct. The charges against me relate, of course, to my speech on 8th May, 1970, and resolve themselves to two charges that, to quote the words of Deputy FitzGerald at paragraph 257 of 29th October, 1970, Volume 249, No. 2 I—

"... misled the House by various processes of half truths or lies."

The first charge relates to the training of personnel at Dunree Fort. In my speech on the occasion of the confidence motion in November, 1970, I dealt fully with this charge and I have very little to say except that this whole affair arose as a result of a suggestion which was then made to me in the presence of the then Chief of Staff, General MacEoin, and the then Director of Intelligence, Colonel Hefferon, that these men might be trained if I so decided.

I decided off my own bat that they should be attested into the FCA and brought to Dunree Camp for a crash course of seven to ten days. The Taoiseach was away at the time and on his return I told him about it and he was opposed to the continuation of the idea. After the initial attestation of the first group of nine, ten or 11 men —I have forgotten the exact number— the entire scheme was dropped I told no lies about this matter. I would never have been party to the training of these men by the Army authorities except under the aegis of the Army so that the men involved should be amenable to Army discipline. When my words are examined with care the charge has as much validity as the earlier charges made in the course of the motion of confidence of 8th May, 1970, that Weapons, presumably for an illegal organisation, were collected in Army trucks—a suggestion which was made by Deputy Tully at that time—at Dublin docks and were presumably driven away to some unknown destination, or the rumours and stories about ships lying in Dublin Bay sailing away with murderers on board. I do not know what became of the men of Dunree after their course had finished. Perhaps they were de-listed as suggested by Deputy FitzGerald at paragraph 410 in Volume 249, No. 3, of 3rd November, 1970. I have said all I am going to say on this subject. I will say no more.

The second charge is of a more sweeping nature and is that I misled the House with reference to the statement made by Patrick Kennedy, MP, in the course of a radio interview when he suggested that any participation by Captain Kelly in an attempt to smuggle arms could only have been made with my knowledge and consent. I emphatically deny any such knowledge or consent. I went on to say the following— and I quote:

I was aware, through the Director of Intelligence, that attempts to smuggle arms were a constant danger and these attempts were kept under surveillance at all times. I wish to say I discharged my duty to the full extent of my knowledge of the situation. I want to say also that in recent times I formed the opinion that Captain Kelly was becoming unsuitable for the type of work that he was employed on. I want to say that certain suspicions were forming in my mind. I was kept informed by the Director of Intelligence but nothing concrete emerged. I am satisfied that at all times I honoured the obligation that was placed on me by the Taoiseach when he made me Minister for Defence.

I want to stress the passage:

I was kept informed by the Director of Intelligence but nothing concrete emerged...

because I will have something to say about the then Director of Intelligence, Colonel Hefferon, later on. It was alleged that this passage contains lies, misleading material and half-truths but, as I said then and say now, I challenge the Opposition that if they have any scintilla of evidence of any activity on my part they have an obligation to produce it and to produce it at once so that the necessary steps may be taken. I made this challenge before and I am making it again now. It is not good enough for words to be taken out of their context. I cannot help quoting what Deputy Harte stated immediately after I sat down on 8th May, 1970, as reported in the Official Report of the debate on 8th May, 1970, Volume 246, column 841. Deputy Harte said:

I would underline and go along with the Minister for Defence, Deputy Gibbons, to a great degree in what he said about gun running. As a northern Deputy, I have kept in reasonably good contact with northern political thinking. I have heard rumours. Any person who approached me or mentioned to me that there was gun running I asked them to put up the information and I would arrange a personal interview with the Taoiseach, or I would arrange for that person to go to the Taoiseach. I did not think it was a responsible job for me to come into this House and to make allegations about gun running without evidence. This is the most damaging thing that could be said in this House. Any rumour I have heard has not been substantiated. I would add that, when I have been approached and when I indicated I would arrange for the information to be given to the Taoiseach, I was not approached later on that subject.

It is a great pity that this advice was not taken by the Deputy's colleagues because, in the ensuing months, any old rumour or any old charge was sufficient to be used to disparage me and other members of the Government. I have been called a perjurer. I have been called a convicted liar by Deputy Cruise-O'Brien. I have been singled out for special vilification in the hope that if Gibbons fell the Government in some way would also fall. I venture to think that the people are heartily sick and tired of this mud-slinging by the Opposition. In seeking time for this debate they have gone to the well once too often and have found it dry. I have the honour to represent the joint counties of Carlow and Kilkenny. I know that in the fullness of time the ordinary men and women of those two counties will throw back in the faces of the Opposition the charges now made against me that I am a perjurer and a convicted liar. You should all be proud of yourselves.

It is not only the Fine Gael Party and the Labour Party who have carried on this campaign of vilification concerning my good name and honour. The former Minister for Local Government, and ex-Deputy, Mr. Kevin Boland, has not only formed a new party but has stamped up and down the country singling me out for special vilification and abuse. This self-appointed high priest of true republicanism is no longer in this House but his deputy, no doubt on the orders of his chief, has pledged himself to go into the division lobby with Fine Gael and Labour in an effort to bring down the Fianna Fáil Government. Mr. Boland's avowed object is based upon hatred of many of his former colleagues and his will is to encompass the ruin of my great party of which he claimed it an honour to be a member in the not too distant past. He may think that by shouting "liar" and "perjurer" often enough he will convince the people that what he says is true. I am not afraid of any of his sallies however vicious they may be. I challenge him to run as many candidates as he likes in Carlow and Kilkenny against the Fianna Fáil Party.

In the preparation of this speech I have read and re-read the Dáil debates on the two motions of confidence and the appropriate portions of the record of the meetings of the Committee of Public Accounts. I wish to return to what I said on 8th May concerning the director of intelligence. In the earlier portion of this speech I said that I wished to stress that I was kept informed by the director of intelligence but nothing concrete emerged. I also stated that I was aware, through the director of intelligence, that attempts to smuggle arms were a constant danger. Deputies will realise that the director of intelligence is one of the senior officers in the Army and, as such, in the day-to-day ordering of affairs the Minister for Defence must rely upon the bona fides and loyalty of the director of intelligence in forming his views and making up his mind on what to do.

It is quite apparent from what I said on 8th May, 1970, that I relied heavily on the director of intelligence and that I placed my trust in him. It was through him that I learned of the existence of Captain Kelly, referred to by him as his young man and stated by him to be a fine young officer. It was he who set my mind at rest regarding the proposed visit of Captain Kelly to Frankfurt in the middle of February, 1970. It was he who was a party to the suggestion about the training of the Derry men in the FCA in the Dunree Camp. I know what he has said already to the Committee of Public Accounts and I understand that a large submission has recently been received making, I suppose, further and better charges against me. I know he says that I knew the real purpose of the visit to Frankfurt. I know he says that he informed me of Captain Kelly's visit to Antwerp. I know the allegations by Captain Kelly and Colonel Hefferon that I knew at all times the true nature of Captain Kelly's activities on the Continent.

I have said before and I now say again—and Fine Gael Deputies and Labour Deputies and Mr. Boland's party can accept it if they like or reject it if they like—that these allegations of knowledge on my part are completely without foundation and are blatant lies. In my 13 years of membership of this House I have not singled out an individual outside this House for any criticism. Neither have I made any charges against persons who are not in a position to defend themselves. It is with great regret that I make these charges now. I make them only because the Dáil has been used by persons inside and outside it as a sounding board for every rumour, every yarn. The only standard required was that its content was capable of vilifying me, the Attorney General, the Taoiseach and the Government.

Let me take Deputies back to the speech by Mr. Boland on 3rd November, 1970. I refer to the portion of his speech commencing at the bottom of column 461 and ending at the top of column 462, Volume 249 of the Official Report of Tuesday, 3rd November, 1970. He said:

So the evidence of the Minister for Agriculture and Fisheries in court made the jury's task simple. They naturally decided that the two tried and trusted Army officers were honourable men. They decided that the Army's estimation of these people was vindicated. They decided that the man who had been serving as a junior officer in the most trusted branch of the Army—the intelligence service—was properly assessed by the Army authorities as being fit for that job. They decided that the man who had progressed to the highest rank he could reach in the Army, the highest rank that can be reached by anyone in the Army except the chief-of-staff— colonel—and had held the position of maximum trust in the Army—director of intelligence—they decided that the Army's assessment of these people was the correct assessment: it was vindicated. They decided also that, in this business, it was the then Minister for Defence who was the weakling.

That is the end of Mr. Boland's quotation.

Even then, when I spoke on the 3rd November, 1970, I had no true inkling of the perfidy of the former Director of Intelligence. I agree with the former Deputy Boland that the Intelligence Service is the most trusted branch of the Army and the Director of Intelligence holds a position of maximum trust and I say that all his utterances to the Committee of Public Accounts and elsewhere and his conduct have made it clear to me and clear to everybody else that he betrayed his trust and was unworthy to hold his high position in the Army at the time.

What are Deputies to think? What do the people think? These two allegedly tried and trusted Army officers have turned up as founder members and important personages in the ranks of Mr. Boland's new political party. I say that none are so blind as those who will not see; none are so deaf as those who will not hear; but the emergence of Colonel Hefferon in the ranks of Aontacht Éireann is a fact which, above all others, shrieks loudest in this House even to penetrate the near deaf ears of Fine Gael and the Labour Party. This military gentleman now has knowledge and consents to the policy of the former Deputy Boland who makes no secret of the fact of his detestation of the Taoiseach as a man of peace and he sees nothing wrong with the supply of arms to the North. He might call them defensive weapons but the purpose of a gun is to kill and to maim and, since Deputy Cosgrave is recalling certain sayings in what has come to be known as the arms trial, I recall saying those very words at that time. Colonel Hefferon is a party to all this and so is Captain Kelly but I dismiss him as a man of little consequence. I find it hard to contain myself as regards Colonel Hefferon. His actions, to me, supply the missing pieces of this horrible jig-saw puzzle and, in my eyes, he stands in line with Iago, the false friend of Othello in Shakespeare's tragedy. The Fine Gael and Labour Parties can lend their aid to the machinations of the former Deputy Boland, Colonel Hefferon and Captain Kelly, if they so wish.

The Leader of the Opposition knew all this before he sought time for this motion to be discussed. I believe that the action of Colonel Hefferon has spoken louder than any words that I have uttered or that any Deputy has uttered in this debate and I can only repeat the sentence with which I concluded my speech on 3rd November, 1970: I am staying here.

I think it ought to be said, with all due respect to you, that this motion is being taken tonight, not so much in deference to the wishes of the Fine Gael Party. It is abundantly clear that the purpose of the exercise by the Taoiseach is to challenge some members in his own party. This is, unfortunately, a continuation of the sordid events brought about, may I say, by the Fianna Fáil Party themselves, events which have seriously affected the business of the Dáil and the administration of the country. These events commenced in the early part of May, 1970, with a motion by the Taoiseach nominating three Ministers on the dismissal of two and on the resignation of another. I do not think anybody could deny that there was tremendous shock and disbelief on the part of the ordinary people in the country that such things should have happened within a Government—a Government of the Fianna Fáil Party. Senior Ministers were accused of treasonable acts. The Cabinet was decimated, so that now we have the second XI of the Fianna Fáil Party.

At that precise time the integrity of this House was at stake and it was up to the Taoiseach then, in view of these extraordinary events, to see that national confidence was restored. The only way in which it could have been restored then and the only way in which it can be restored now is for the Taoiseach, despite what may be the result of the vote on this motion, to dissolve this Dáil and to ask the people to give their verdict. It is not too late now because, as somebody on this side has said, we fought elections in difficult circumstances. We fought elections in January. We fought elections in December. Let there be no excuse. If the Taoiseach wants to test the confidence of the country, apart from some of his dissidents, now is the time for him to consult the people, and not to consult his own party and to try to blackmail some of them as well.

All of us have paid the price for the events that commenced in May, 1970, and I suppose it is no business or concern of mine but the Fianna Fáil Party suffered more than anybody else. That is poetic justice. We now see that party crumbling brick by brick. This debate will be a further cause of erosion of public respect and esteem for this House because the electorate will see the sorry spectacle of Members voting against their conscience and, might I say, not for the first time. We have seen this before. Those members of the Fianna Fáil Party who vote with the Government Party on the motion before the House, with the threat of expulsion from the party, or those who abstain will, in effect, be withdrawing all that they have said for the past 18 months and there will be on their part, by their votes, an admission that they were wrong and that the Taoiseach was right when he sacked Minister and forced others to resign.

One can understand the feelings of Deputy Jimmy Gibbons, the Minister for Agriculture and Fisheries, and I suppose one can excuse him some of the extravagant language he used. He said here, as an aside, that a member of our party had accused him of being —I think he said—a convicted liar. He ought to travel around the back benches of the Fianna Fáil Party and then he will find out what they are calling him because some of them—and I say this to his face—some of them have called Deputy Jimmy Gibbons a perjurer and Mr. Childers, on TV, in respect of some of his colleagues, called them conspirators. So, let us not imagine that any of the criticism that has been focused on Deputy Jimmy Gibbons over the last 18 months or tonight is exclusive to the Fine Gael Party or the Labour Party because one can remember the remarks passed—not so much about the Minister in question now— the abuse and the insults that were hurled at the Taoiseach by ex-Ministers, by members of his own party, when the result of the arms trial was made known.

Deputy Gibbons said that he was reluctant to criticise people who were outside this House and could not defend themselves. Captain Kelly—I think I mentioned this in that famous debate —made allegations against Deputy Gibbons. He called him "an unmitigated scoundrel" which I suppose is clearly libellous. I would ask Deputy Gibbons, in those circumstances, why he has not taken action not alone against him but against Colonel Hefferon about whom he was so bitter here tonight. In any case, as I say, the Taoiseach has regarded this and told his party that in effect it is a motion of confidence or otherwise in him. They, who make no secret of their dislike of the Taoiseach, Deputy Gibbons and other members of the Government will, as they have before, troop behind Deputy Jack Lynch on the plea that they are supporting the Fianna Fáil Party and not the Government as such.

They are demonstrating in that that they put Fianna Fáil before all other things in this country despite the fact that the Government are a Fianna Fáil Government and, as such, control the economic and social life of this country which, by the ineptitude of the Government and the internal wrangling within the Fianna Fáil Party, has severely endangered the social and economic life of this country. We have seen this before and we will not be surprised if we see it tomorrow night. As long as the Members of the House make no secret of voting against their stated beliefs Fianna Fáil stay in the sorry position they have been in for the last 18 months.

We have seen it on motions of "no confidence" in respect of members of the Government, in respect of the Taoiseach and we had it in a smaller way on the dole issue. They who openly, although not in this House, criticise the Taoiseach and his Ministers have no hesitation, as they said, to prop up the Fianna Fáil Party, to trot behind the man whom they say they intensely dislike, Deputy Jack Lynch, the Taoiseach of this Government.

We have now what has been described as the Gibbons Motion and as I said it has been treated by the Taoiseach as a motion of "no confidence", a motion so to speak of no confidence in himself because that is in effect what he is purported to have said to the Fianna Fáil Party meeting last week. This, in my view, is only correct because it was the Taoiseach who made Deputy Jim Gibbons, the Minister for Defence as he then was, the Minister for Agriculture and Fisheries, as he now is, the central figure in a Cabinet crisis. I say he is deliberately, despite the fact he conducted his own defence first tonight, shielding Deputy Gibbons by putting himself between Deputy Gibbons and the rest of the Fianna Fáil Party. He says in effect: "If you hit Deputy Gibbons you must hit me first." A lot of the Fianna Fáil backbenchers, those who have been described as dissidents, are not prepared to hit Deputy Jack Lynch yet. They will bide their own time.

Why has there been this criticism of Deputy Gibbons? It is because of his statement in the House, to which he has referred, to which other speakers have referred, which I believe was proven to be untrue and which Deputy Haughey says should be left to the judgment of history as the other events of May, 1970. I do not think we can wait for history to deliberate on whether or not Deputy Gibbons was right, whether or not he misled the House or whether or not the events of 1970, as per Deputy Haughey, Deputy Blaney and Mr. Boland were correct or otherwise. I prefer, and I am entitled to as an elected representative of this House, as we all are, to make my own judgement.

The Taoiseach himself, of course, has offered some judgment. After the arms conspiracy trial, in New York and in Dublin, he said—I do not purport to quote him exactly but I think I remember listening to it on television —he was still satisfied he was justified in taking the action he had. This motion is directly related to a quotation by Deputy Gibbons in Volume 246 of the 8th May, 1970, column 839, when he said in the course of his speech with regard to the alleged attempt to smuggle arms:

I have been informed that Mr. Patrick Kennedy, MP, in the course of a Radio Éireann interview, suggested that any participation by Captain James Kelly in an attempt to smuggle arms could only have been made with my knowledge and consent. I wish emphatically to deny any such knowledge or consent.

We have got, therefore, to decide on what evidence we have and from the statements that were made, whether or not the person in question had any knowledge or consent in the matter of the attempt to import arms illegally into this country.

We all remember, unfortunately, the awful situation in the two main cities in the North of Ireland on the 12th and 14th August, 1969. In October, 1969, there was the now famous meeting held in Bailieboro' and the Captain Kelly referred to attended that meeting which was comprised of defence groups from Northern Ireland. As far as the evidence I have is concerned he was authorised to go there. He was there in an official capacity and this was stated at the special Public Accounts Committee. In the Public Accounts Committee report on page 249 of Book 6 the same Captain Kelly said that "the genesis of the whole operation"— those were his exact words—"was the procuring of arms". Captain Kelly was there in an official capacity. The Special Branch were there. The Special Branch reported to Mr. Berry, ex-Secretary to the Department of Justice. He is alleged to have reported to the Taoiseach and the Taoiseach is alleged, according to the evidence, to have got in touch with Deputy Gibbons, the then Minister for Defence.

I must confess that this evidence is from Colonel Hefferon and I do not expect, in view of what he said, that the Minister for Agriculture and Fisheries will agree with what was said at the Public Accounts Committee. The fact is, as stated by Colonel Hefferon, that the Special Branch reported to the Secretary of the Department of Justice who reported to the Taoiseach who got in touch with Deputy Gibbons and I assume that there was a full report of the meeting that was held in Bailieboro'. Therefore, as far as knowledge is concerned the then Minister for Defence must have known about this meeting and as was described the genesis of the operation being to procure arms.

That discussion between the Taoiseach and Deputy Gibbons, according to the report, was in November, 1969. The Minister knew about the meeting and he knew what the purpose of the meeting was. Mind you, apart from the general denial of Colonel Hefferon, there was no denial of this statement that I know of in any case. Further to that, at that stage in November, 1969, both Captain Kelly and Colonel Hefferon knew that the Taoiseach had approached the Minister for Defence, as he then was, and discussed the matter with him. Again, in evidence in the Public Accounts Committee, Book 7, pages 312 and 313, it was stated that on the 13th February, 1970, Colonel Hefferon went to Mr. Gibbons himself, and this is an extract from what Colonel Hefferon said to the then Minister for Defence. Speaking about the activities of Captain Kelly he said on page 313:

...I told Mr. Gibbons that he said he was going to the Continent and I suspected he was going to "vet" arms.

That was on the 13th February, 1970, despite the fact that on 8th May the then Minister for Defence denied knowledge of the proposal to import arms illegally.

I do not know Colonel Hefferon. I may have met him once or twice. I do not know what his reputation is within the Fianna Fáil Party. I do not know whether it was the Fianna Fáil Government who approved his appointment as head of Army Intelligence. I would suspect that it was the same Government of which Deputy Jim Gibbons was a member. Can we discount the evidence of the head of Army Intelligence appointed by the Fianna Fáil Government? Should we not trust the word of a man who, as far as I can remember, served in the capacity of aide-de-camp to the President of Ireland? This is the man who Deputy Gibbons said should not be trusted, whose word should not be accepted. He was the man who through the Department of Justice and the Taoiseach, informed Deputy Gibbons about the meetings in Bailieboro'. Therefore, as far as knowledge is concerned, I believe Deputy Gibbons knew about the meeting, that he knew the purpose of the meeting, that he knew that Captain Kelly, according to the evidence in the Committee of Public Accounts, was going to the Continent to “vet” arms.

This was knowledge. Deputy Gibbons has denied knowledge of the activities of people against whom it was alleged they wanted to import arms illegally. Again, I suppose there is no point in saying this to Deputy Gibbons on the question of consent in view of what he said about the other gentleman, Captain Kelly. Captain Kelly said he saw Mr. Gibbons on the 4th March, 1970, and in evidence to the Committee of Public Accounts said he gave him a full briefing on intelligence operations to date. In Volume 11, page 468, Captain James Kelly said:

I come in on 4th March, the first time I met Mr. Gibbons, and I give him a full briefing on Intelligence operations to-date.

As far as consent is concerned may I then quote Captain James J. Kelly:

...if Mr. Gibbons did not agree all he had to say was "No, this must stop. This is not authorised. This is not Government policy." Instead he said "Carry on".

As I asked—and I did not mean offence to either of the two parties— when the Taoiseach had concluded his speech on, I think, the 9th May: who is telling lies? Who is the liar, Gibbons or Kelly? This has not yet been established. However, I put this to the House as evidence that was submitted by Captain James Kelly who says that when he told the then Minister for Defence of his activities, that the then Minister for Defence, Deputy Gibbons, said "Carry on".

This whole business has been the subject of many discussions and of an inquiry by the Committee of Public Accounts. It also went to the High Court. In the High Court a jury of Irishmen decided that the defendants were not guilty of conspiracy. Remember, these defendants had been named by the Taoiseach, at least those who were members of this Government and some of whom are now Members of this House. The charges were dismissed. I think we must interpret the decision of the High Court. The charges were dismissed. Ex-Ministers and others were accused of conspiring to import arms illegally. The fact that the High Court, with an Irish jury, decided that the charges should be dismissed meant, in effect, that the jury accepted the facts as outlined and did not accept that these activities had been carried out without Deputy Gibbons's knowledge or consent. The court made their decision and I think we should make ours now. The court did so over many days, after hearing many witnesses and under the most rigorous rules of evidence. I am prepared to accept that evidence and to put my own interpretation on it. As far as that decision is concerned, what the Taoiseach alleged against two of his Ministers and others was proved unsustainable, and still they are in the wilderness, but that is the Taoiseach's problem.

I repeat that the Taoiseach has put himself between the Minister for Agriculture and Fisheries, Deputy Gibbons, and this House. He said on that famous occasion, whether it was the 8th or 9th, that the slightest taint of suspicion should not attach to any Minister. Common sense and the judgment of the court dictate that a great deal of suspicion is attached to Deputy Gibbons. Neither is the Taoiseach entirely free from that taint of suspicion. As I said at the beginning of my speech, because the people are bewildered, frustrated and annoyed with the Government, despite whatever result there might be from the "loyalty" of some people in the back there who will give the Taoiseach their vote on this occasion, the honourable thing to do would be to go to the country and let the people decide and not the clique inside the Fianna Fáil Party.

I do not propose to speak at any great length in opposition to this motion. I have had experience of Government, some 17 years in all, and of being associated with a great many Ministers. Like other Ministers I was naturally shocked by the events of April, 1970, but I wish to say that at no time did I have reason to believe that the former Minister for Defence, Deputy Gibbons, was concerned, directly or indirectly, with the smuggling of guns into the North. Ultimately this is a question of human faith. I believe Deputy Jim Gibbons. I do not believe those who gave evidence which suggested that he had complicity in this matter and I think that everything Deputy Jim Gibbons said in regard to the later action of these persons is of importance in this matter.

This debate is, of course, like many we have had in the past. Allegations of disunity, large-scale disunity, have been made repeatedly in this House for years and years, disunity on all sorts of subjects. Over and over again we have been accused of sudden changes of policy and sudden variations in policy either because of stormy differences within the Government itself or within the party itself. This is very, very old hat in so far as it relates to the suggestion that the Fianna Fáil Party is for the nth time collapsing on an issue of great importance. I have heard it all before. I know of no political party among the 20 most civilised democracies where there has been so much remarkable unity as there has been within the Fianna Fáil Party.

Say that again.

Deputies may laugh but I would invite those who laugh to study the democratic parties in other countries. We hold, if not the record, a very near record of unity.

You hang together or hang separately.

This party have been determined to pursue specific social, economic and international policies ever since we took office for the first time in 1932. We have been subjected to tremendous strains in various kinds of crises that arose, the crisis of World War II and economic and other difficulties which every country has had to face. I know of no party in which there cannot be some gust of emotion that arises from time to time in relation to matters of interest, but the main point about the Fianna Fáil Party is that we remain together and those members of the party who, perhaps, feel that some particular aspect of policy is not entirely in accordance with their wishes, accept the majority decision and honour it.

Good news.

That is the only way whereby there can be stability in Government.

(Interruptions.)

Order. The Tánaiste is entitled to be heard as well as other speakers.

Deputies may laugh, but I would remind them of the things that occurred between, first of all, 1948 to 1951 and then between 1954 to 1957. They have no reason to laugh at what I am saying.

But the Government resigned then.

That was disunity on a tremendous scale.

We will now get back to the motion.

I want to put something else on the record. During the whole time that Deputy Jim Gibbons was in the Government as Minister for Defence, at no time was there ever demonstrated a difference of view in regard to Government policy on the North either by Deputy Gibbons or by any other Members of the Government. I also want to deny on my solemn word of honour that there have been any gusts of any sort of differences of opinion within the Government during the whole of the recent and very serious events occurring in the North and all the allegations made by Deputies that there are hawkish members and doveish members of the Fianna Fáil Government, that we have been disputing among ourselves and have very narrowly managed to preserve an outward face of unity, all these rumours are completely untrue. Indeed, in all the immensely difficult decisions that have had to be made in relation to negotiations with the British Government, in relation to diplomatic approaches to the British Government and in relation to the situation in the North, which changes from week to week, there has been a spirit of absolute unity between myself and my colleagues and the Taoiseach and this damnable sort of talk must stop because it simply is not true.

No problems.

No crisis.

To take the Tánaiste up on the very point upon which he concluded, one finds in his own very words reason for greater concern rather than reason for confidence. The Tánaiste has said that before certain members of the Government were dismissed there was no expression of a difference of view regarding the North amongst the members of the Government, members of the Government who were doing things which the Taoiseach later said cast more than a taint of suspicion on their activities. Now he asks the country to feel reassured that there is not even the gust of a difference between the members of the Government and we are to assume because there is not even the gust of a difference blowing across the Cabinet table, that all is well, that there is total agreement and that there is no further possibility of any member of the Government being dismissed from office for doing something unsavoury and contrary to the national interest.

The Tánaiste has asked us to place confidence in the Taoiseach, in himself and in his colleagues, because there is no element of disagreement in the Cabinet. We recall that at a time when there was similar unity there were around the Cabinet table people whom the Tánaiste later called conspirators. How many conspirators are left? Is it not possible there is more than one? We suggest, not because of any allegations made by Colonel Hefferon, not because of any statements made by Captain James Kelly, two men whom the former Minister for Defence finds unpleasant, but because of his own words, his own written statements, his own sworn testimony in court, that he too was a conspirator, wittingly or unwittingly, and it is the electorate, as he himself says, on some other occasion should decide.

As we listened to the Minister for Agriculture and Fisheries express his view about the sordid disagreement which has brought the very institutions of this State to a lower level, nationally and internationally, than they have ever been before, we recall a certain defence on another occasion, when he was trapped with his own words, when he was presented with his own efforts to mislead the Dáil and the nation, the defence that he was entitled to do that because the Government and he were under attack. Does he think tonight that this is an exercise in preserving him and his Government? Does he feel secure tonight? Did the Taoiseach feel secure last night when he had to utter a threat to his own dissidents? Is it not clear that, once again under attack, Deputy Gibbons adopts the same code, believing that any score is good enough and he is justified in misleading?

Debate adjourned.
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