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Dáil Éireann debate -
Friday, 2 Mar 1923

Vol. 2 No. 36

CEISTEANNA—QUESTIONS. [ORAL ANSWERS.] - JURISDICTION OF MILITARY TRIBUNALS.

To ask the Minister for Defence whether his attention has been directed to the effect of the passing of the Constitution, and in particular Article 76 thereof upon the jurisdiction of Military Tribunals, and whether the jurisdiction of Military Tribunals over the civil population is now being exercised only in areas in which all civil courts are not open or capable of being held; and whether he can give an assurance that no person has been, and that no person will be, removed from one area to another in order to give jurisdiction to a Military Tribunal.

I am aware of the effect of the passing of the Constitution, and in particular of Article 70, which, I presume, is the article meant, on the jurisdiction of military tribunals. No military tribunals are exercising jurisdiction over the civil population in any area in which all the Civil Courts are open or capable of being held, and in respect of charges which may suitably be tried by those Courts. No person has been removed from one area to another in order to give jurisdiction to a military tribunal, nor is it intended to do so.

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