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Dáil Éireann - Volume 26 - 07 November, 1928

CEISTEANNA—QUESTIONS. ORAL ANSWERS. - COMPLAINTS AGAINST GARDA SIOCHANA.

Mr. LEMASS asked the Minister for Justice whether he is aware that it is alleged that members of the Gárda Síochána visited the house of. Thomas Shanley, Cloonagh, Dromod, Co. Leitrim, on October 15th, and warned Mr. [1509] Shanley not to be seen outside his own house in the future, and threatened him with violence, and if he will state whether the members of the Gárda Síochána acted in this instance with the authority of their superior officers, and, if so, why such authority was given.

MINISTER for JUSTICE (Mr. FITZGERALD-KENNEY): I have received a report in this matter, and I find that Mr. Thomas Shanley, mentioned in the question, did receive a visit from a Detective Officer on the evening of the 15th October. The Detective Officer was engaged in making certain inquiries about the peace of the district. I find there is no foundation for the allegation that Mr. Shanley was threatened in any way.

Mr. LEMASS: Will the Minister tell us the source of his information to the effect that Mr. Shanley was not threatened by the police officers concerned?

Mr. FITZGERALD-KENNEY: The source of my information is the Gárda Síochána. I may tell the Deputy, for his information, the matter was investigated by the District Officer, and when the District Officer at Mohill called to Mr. Shanley's house he was refused any information by any of the inmates.

Mr. LEMASS: Are we to understand that the only information that the Minister has concerning this case is the statement made by the actual Gárdaí who are accused of threatening Mr. Shanley?

Mr. FITZGERALD-KENNEY: What other information does the Deputy consider I should have in view of the fact that these people refused to make a statement? I am perfectly convinced that if they had any real, solid complaint to make they would have made a statement to the officer. I think the Deputy will agree with me in that.

Mr. LEMASS: Is it not possible that Mr. Shanley thought, when the Inspector called to the house to know if he had any complaints to make, that he was in for another beating or another threatening?

Mr. FITZGERALD-KENNEY: He was asked if he had any complaint to make and he held his tongue.

[1510] Mr. G. BOLAND: We were all asked that once in our time.

Mr. FLINN: Was he asked did he want another beating?

Mr. LEMASS asked the Minister for Justice whether he is aware that Seán O'Farrell, ex-T.D., Dromod, Co. Leitrim, was arrested by members of the Gárda Síochána on October 15th and taken to the local barracks, where, it is alleged, he was assaulted and seriously beaten, and, further, whether he will state the charge on which Mr. O'Farrell was arrested, and whether it is intended to take any disciplinary action in the case of the Gárdaí responsible for the assault.

Mr. FITZGERALD-KENNEY: I have received a report about this matter. I find that on the night of October 15th the movements of Seán O'Farrell, Dromod, mentioned in the question, attracted the attention of a Detective Officer, and, in the light of other information, the Detective Officer, in the discharge of his duty, approached O'Farrell and asked him to accompany him to the local police barrack. O'Farrell was searched and questioned as to his movements, and was then set at liberty. I am informed there is no ground for the allegation that O'Farrell was assaulted or seriously beaten.

Mr. LEMASS: The Minister states that the movements of Mr. O'Farrell attracted the attention of members of the Gárda Síochána. I would like to ask the Minister is it not a fact that Mr. O'Farrell was arrested at an Irish class in the town of Dromod, arrested at a meeting of the class; that when he was arrested all the Irish books that were in use at the class were seized and taken to the barracks? I would like also if the Minister would tell us what is his source of information to the effect that Mr. O'Farrell was not assaulted in the barracks? Did he, for example, ask any of the fifty or sixty people in the town of Dromod who are in a position to give information as to Mr. O'Farrell's appearance after he came out of the barracks?

Mr. FITZGERALD-KENNEY: If Mr. O'Farrell suggests that he was assaulted in the barracks he has the [1511] courts to go into. As far as the Deputy's other question is concerned—the seizing of Irish books—that is not mentioned in the question at all, and I have no information on that matter. If the Deputy wished to get information on that subject—really wished—I apprehend he would have asked for it in the question also.

Mr. LEMASS: Mr. O'Farrell's rights in law against the members of the Gárda Síochána do not enter into the question. What I really want to draw attention to is the attitude which the Minister's Department takes up in all cases where members of the Gárda Síochána are definitely accused of having assaulted a prisoner arrested without any charge being brought against him.

Mr. FITZGERALD-KENNEY: When a charge, substantiated by evidence that the Guards are satisfied leads to a prima facie presumption that this man, or any other person, was injured, is made, then a full inquiry is held into the matter.

Mr. G. BOLAND: In view of the well-known fact that Mr. O'Farrell is one of a class who will not bring actions in the Minister's Courts, does that mean that the Guards have a licence to beat this man any time they like?

Mr. FITZGERALD-KENNEY: It does not mean anything of the kind.

Mr. HOLT: Is the Minister aware that the Guards who arrested Seán O'Farrell, ex-T.D., tore up and tramped upon a notebook in the Irish language belonging to Seán O'Farrell? Is he also aware that Seán O'Farrell, ex-T.D., was again arrested by the Gárda Síochána on Saturday last, 3rd instant, and detained for over three hours on the roadside? Is the Minister also aware of the reasons for the raids by the Guards on the houses of McGrath, Carrick-on-Shannon, Rourkes of——

AN CEANN COMHAIRLE: This is really another question. The Deputy should keep to Mr. O'Farrell's case for the moment.

[1512] Mr. HOLT: I have a telegram from the Sligo Corporation in connection with these raids.

AN CEANN COMHAIRLE: The Deputy must not read the telegram.

Mr. FLINN: Read it on the Vote.

Mr. FITZGERALD-KENNEY: I have already answered the question in regard to the Irish notebooks. I notice that Deputy Lemass mentioned one hundred notebooks, or something like that, but Deputy Holt is coming down to only one notebook.

Mr. LEMASS: He referred only to one.

Mr. FITZGERALD-KENNEY: That is really the subject-matter of another question.

Mr. COONEY asked the Minister for Justice whether he can give the reason for the raid by members of the Gárda Síochána under an Inspector on the premises of the James Connolly Workers' Club, 47 Parnell Square, Dublin, on the afternoon of August 30th, 1928; whether he can state if the said police officers were authorised to destroy or remove property belonging to the Club, and whether he can state when the papers and property removed from the premises of the club by the police officers on the occasion of the raid will be returned.

Mr. FITZGERALD-KENNEY: On the evening of the 30th August the police received information which showed that a group of Communists were organising a hostile demonstration against the Peace Pact and against a distinguished foreign visitor. Part of the plan was to organise a procession through the streets calculated to lead to a breach of the peace. A number of placards and sticks with offensive and treasonable inscriptions thereon were to have been carried. These are the articles which were seized. It is not proposed to return them.

Mr. COONEY: Is the Minister aware that the articles seized included the roll-book of members of the club and [1513] a copy of a pamphlet entitled “Imperialism,” by Eleanor Glynn—by Eleanor Byrne? I should like the Minister to say if this pamphlet is considered seditious matter likely to be distributed amongst the people of this country? Is it a pamphlet which requires suppression in the interests of the progress of the Free State Ministry? Is that a policy which they have set out upon? I would like also to refer to cardboard posters. This demonstration was being organised under the auspices of the Connolly Workers' Club—call it a Communist demonstration if you will. There is no law that I am aware of——

AN CEANN COMHAIRLE: The Deputy is making a speech.

Mr. COONEY: I want the Minister to say what source of information he relies upon which convinces him that it was a Communist demonstration. Is the Connolly Workers' Club not at liberty to organise demonstrations to propagate their point of view as advanced thinkers in the working-class movement? I would like the Minister also to inform us if it is the intention to have the pamphlet entitled “Imperialism” suppressed?

Mr. FITZGERALD-KENNEY: As far as the pamphlet to which the Deputy alludes is concerned, I have never seen it, and therefore cannot express any views upon it. As to whether this was a Communist procession or not, I derived that information from the nature of the placards seized, containing phrases like, “Up Red Russia!” “Long Live Soviet Russia!” etc.

Mr. MacENTEE: Do I understand from the Minister that Communistic processions and demonstrations are forbidden in the Free State? Is it treasonable to issue or publish such pamphlets?

Mr. FITZGERALD-KENNEY: Communistic or other processions which are certain to lead to a breach of the peace must be stopped, and the Deputy must be aware that upon this particular occasion a very distinguished personage was visiting this country.

[1514] Mr. KENNEDY: Is all Soviet literature banned in this country?

AN CEANN COMHAIRLE: That is a separate question.

Mr. COONEY rose.

AN CEANN COMHAIRLE: Next question.

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