asked the Minister for Posts and Telegraphs (a) if it is an offence for a person, other than the addressee, to open, without the addressee's consent a postal communication addressed to a person, who is not a resident of a penal or other institution, to which official censorship applies; (b) The scale of penalties attaching to such an offence; (c) if he is aware that mail to some students in boarding schools may be intercepted and opened by the school authorities, and (d) the action, if any, that will be taken if such cases are brought to his attention.
Ceisteanna—Questions. Oral Answers. - Unauthorised Opening of Letters.
18.
(Dublin South-Central): As regards (a) and (b) of the Deputy's question, section 54 of the Post Office Act, 1908, provides as follows:
(1) If any person not in the employment of the Postmaster-General wilfully and maliciously, with intent to injure any other person, either opens or causes to be opened any letter which ought to have been delivered to that other person, or does any act or thing whereby the due delivery of the letter to that other person is prevented or impeded, he shall be guilty of a misdemeanour, and be liable to a fine not exceeding fifty pounds, or to imprisonment, with or without hard labour, for any term not exceeding six months.
(2) Nothing in this section shall apply to a person who does any act to which this section applies where he is parent, or in the position of parent or guardian, of the person to whom the letter is addressed.
(3) A prosecution shall not be instituted in pursuance of this section except by the direction or with the consent of the Postmaster-General.
(4) A letter in this section means a postal packet in course of transmission by post and any other letter which has been delivered by post.
As regards (c), the answer is no; and, as to (d), any action would have to be considered in the light of the section quoted above.
Arising out of his welcome and detailed reply, would the Minister state whether in his view it is permissible for letters to students in boarding schools, who may be over the age of 18 years and capable of electing Deputies to this House, to be opened without their permission?
(Dublin South-Central): I do not know the exact ruling but it probably comes under subsection (2) of the section I read.
Would it be possible for parents to instruct schools not to open letters and other communications addressed to their children and would schools which interferred with such communications be liable to prosecution?
(Dublin South-Central): The sensible solution would be for the parents to ensure that their letters were not opened.